LINCOLN  ROOM 

UNIVERSITY  OF  ILLINOIS 
LIBRARY 


MEMORIAL 

the  Class  of  1901 

founded  by 

HARLAN  HOYT  HORNER 

and 

HENRIETTA  CALHOUN  HORNER 


Complete  and  Unabridged  Edition.— Containing  tlie  whole  of  tlie  Suppressed  Evidence. 


THE   TRIAL 


OF    THE 


ASSASSmS  AID  CONSPIUTOHS 

AT  WASHINGTON  CITY,  D.  C,  MAY  AND  JUNE,  1865. 

FOR 

THE  MURDER  OF   PRESIDENT  ABRAHAM   LINCOLN. 
FULL   OF  ILLUSTRATIVE   ENGRAVINGS. 


Being  a  full  and  verbatim  Report  of  the  Testimony  of  all  the  Witnesses 
examined  in  the  whole  Trial,  with  the  Argument  of  Reverdy  Johnson  on 
the  Jurisdiction  of  the  Comraission,  an(i  all  the  Arguments  of  Counsel  on 
both  sides,  with  the  closing  Argument  of  Hon.  John  A.  Bingham,  Special 
Judge  Advocate,  as  well  as  the  Verdict  of  the  Military  Commission, 
and  the  President's  approval  of  the  same ;  with  his  ofllcial  order  for  the 
execution  of  Mrs.  Surratt ;  Payne ;  Harold ;  and  Atzeroth ;  and  full  par- 
ticulars in  relation  to  the  condemned,  from  the  time  of  their  having  their 
sentences  of  condemnation  read  to  them  by  Major-General  Hancock,  until 
the  moment  of  their  Execution ;  with  scenes  on  the  Scaffold,  etc.  With 
a  sketch  of  the  Life  of  all  the  Conspirators,  and  Portraits  and  Illustrative 
Engravings  of  the  principal  persons  and  scenes  relating  to  the  foul  murder 
and  the  trial.  It  also  contains  Mrs.  Surratt's  petition  for  a  writ  of  Habeas 
Corpus  on  the  morning  of  her  execution ;  its  indorsement  by  the  Court ;  and 
process  served  on  General  Hancock,  with  his  appearance  in  court,  and  re- 
turn made  to  it,  with  the  address  of  Attorney-General  Speed,  and  the  Presi- 
dent's indorsement  on  the  return,  suspending  the  writ  of  Habeas  Corpus  in 
the  case,  and  the  remarks  made  on  it  by  the  Court,  with  other  items  of  fact 
and  interest  not  to  be  found  in  any  other  work  of  the  kind  published.  The 
whole  being  complete  and  unabridged  in  this  volume,  being  prepared  on 
the  spot  by  the  Special  Correspondents  and  Reporters  of  the  Philadelphia 
Daily  Inquirer,  expressly  for  this  edition. 


pi)iUtr£lpl)xa: 

T.  B.  PETERSON  &  BROTHERS,  306  CHESTNUT  STREET. 


Entered  according  to  Act  of  Congress,  in  the  year  1865,  by 

T.   B.   PETERSON   &    BROTKERS, 

In  the  Clerk's  OfiSce  of  the  District  Court  of  the  United  States,  in  and  for  the  Eastern  District  of 

Pennsylvania. 


THE  TEIAL 


OP  THE  ALLEGED 


Assassins  and  Conspirators. 


THE  COURT  MARTIAL. 

On  the  first  of  May,  1865,  Presi- 
dent Johnson  issued  the  following 
order  for  the  trial  of  the  criminals  : 

Executive  Chamber,  ) 
Washington  City,  May  1, 1865.  ) 
Whereas  the  Attorney  General  of 
the  United  States  has  given  his  opinion 
that  the  persons  implicated  in  the 
murder  of  the  late  President,  Abra- 
ham Lincoln,  and  the  attempted 
assassination  of  the  Hon.  William 
H.  Seward,  Secretary  of  State,  and  an 
alleged  conspiracy  to  assassinate 
other  officers  of  the  Federal  Govern- 
ment at  Washington  city,  and  their 
aiders  and  abettors  are  subject  to  the 
jurisdiction  of  and  legally  triable 
before  a  military  commission  : 

It  is  ordered:  Firat — That  the  As- 
sistant Adjutant  General  detail  nine 
competent  military  officers  to  serve  as 
a  commission  for  the  trial  of  said 
parties,  and  that  the  Judge  Advocate 
General  proceed  to  prefer  charges 
against  said  parties  for  their  alleged 
ofi'ences,  and  bring  them  to  trial  be- 
fore said  military  commission  ;  that 
said  trial  or  trials  be  conducted  by 
the  said  Judge  Advocate  General,  as 
recorder  thereof,  in  person,  aided  by 
such  assistant  or  special  judge  advo- 
cates as  he  may  designate,  and  that 
said  trials  be  conducted  with  all  dili- 
gence consistent  with  the  ends  of  jus- 
tice, and  said  commission  to  sit  with- 
out regard  to  hours. 

Second — That  Brevet  Major  Gene- 
ral Hartranft  be  assigned  to  duty  as 
Special  Provost  Marshal  General,  for 
the  purpose  of  said  trial  and  attend- 
ance upon  said  commission,  and  the 
execution  of  its  mandates. 


Third — That  the  said  commission 
establish  such  order  or  rules  of  pro- 
ceeding as  may  avoid  unnecessary 
delay  and  conduce  to  the  ends  of  pub- 
lic justice. 

ANDREW  JOHNSON. 
Adjutant  General's  Office,") 
Washington,  D.  C,  Maij  6,  1865.]" 
Official  Copy  : 
W.  A.  Nichols, 

Assistant  Adjutant  General. 

In  compliance  with  this  order  the 
following  ofiicers  were  detailed  as 
members  of  the  military  commission : 

PRESIDENT. 
Major  General  David  Hunter. 

ME.MBERS. 

Major  General  Le^v.  Wallace, 
Brev.  Maj.  Gen.  August  V.  Kautz, 
Brig.  Gen  Albion  P.  Howe, 
Brig.  Gen.  Robert  S.  Foster, 
Brig.  Gen.  James  A.  Ekin, 
Brig.  Gen.  Thomas  M.  Harris, 
Col.  Charles  H.  Tompkins, 
Brevet  Col.  D.  R.  Clendenin. 
The  prosecution  was  conducted  by 
Brigadier     General     Joseph     Holt, 
Judge  Advocate  General ;  assisted  by 
Brevet    Colonel   H.    L.   Burnett,  of 
Indiana,  and  Hon.  John  A.  Bingham, 
of  Ohio,  Assistant  Judge  Advocates. 
The    prisoners    selected    for   their 
counsel,  Reverdy  Johnson,  of  Mary- 
land, Thomas  Ewing,  of  Kansas,  W. 
E.  DosTER,  of  Pennsylvania,  Fred.  A. 
Aikin,  District  of  Columbia,  Walter 
S.    Cox,  John   W.  Clampit,  and  F. 
Stone,  of  Maryland. 

The  commission  was  composed  of 
men  of  distinguished  ability  and  in- 
telligence. General  Hunter  is  known 
as  a  man  of  superior  attainments,  and 
had  served  on  a  large  number  of  Courts 

(15) 


16 


TRIAL   OF   THE   ASSASSINS   AT   WASHINGTOX. 


Martial.  Major  General  Lew.  Wal- 
lace is  not  only  one  of  the  most  gal- 
lant oflicers  in  the  army,  bnt  he  is  also 
a  lawyer  of  great  eminence,  ranking 
among  the  first  legal  minds  at  the  bar 
of  his  native  State,  Indiana.  He  was 
originally  Colonel  of  the  celebrated 
11th  Indiana  Zouaves,  and  was  pro- 
moted to  Brigadier  General,  and  af- 
terward to  Major  General,  for  gal- 
lantry in  the  field.  At  present  he 
commands  the  Middle  Department, 
headquarters  at  Baltimore,  a  position 
■which  he  has  held  for  nearly  two  years. 
General  Kautz  is  the  celebrated  Cav- 
alry leader,  and  a  man  of  great  deci- 
sion of  character.  Brigadier  General 
Foster,  of  Indiana,  Brioadier  General 
Howe,  of  Maine,  Brigadier  General 
Harris,  General  Ekin,  and  Colonels 
ToMKiNS  and  Clendexin  are  soldiers 
who  have  won  most  honorable  dis- 
tinction in  the  service  during  the  past 
four  years. 

Hon.  Joseph  Holt,  Judge  Advo- 
cate General  of  the  United  States, 
needs  no  eulogy.  His  rejuitation  as 
a  law3'er  is  known  throughout  the 
nation.  He  was  ably  assisted  by  As- 
sistant Judge  Advocate  Bingham,  of 
Ohio,  and  Assistant  Judge  Advocate 
Burnett,  of  Indiana,  the  latter  gen- 
tleman having  conducted  the  prosecu- 
tion of  the  famous  Indiana  conspira- 
tors, who  were  found  guilty  of  treason 
and  sentenced  to  death,  but  who  ulti- 
mately had  their  sentences  commuted 
to  imprisonment  for  life  in  the  Ohio 
Penitentiary. 

Hon.  Reverdy  Johnson,  of  Mary- 
land, has  a  national  reputation  for 
legal  acumen,  and  was  selected  by 
Mrs.  SuRRATT  as  her  counsel.  His 
argument  against  the  right  of  the 
Government  to  trj-  the  prisoners  by 
Court  Martial  is  an  ingenious  effort. 
Of  tlie  remaining  gentlemen  defend- 
ing the  accused  little  is  known  outside 
the  immediate  localities  where  they 
practice  their  profession. 

LABORS   OF    THE   COMMISSION. 

The  following  interesting  items  will 
give  the  i)ublic  some  idea  of  the  labor 
imposed  on  the  Commission  : 
Total  number  of  witnesses  subj^oe- 

naed, 483 

Number  examined,      .        .        .  361 


Number  examined,  including  re- 
calls  422 

Number  examined,  subpoenaed  for 

prosecution,  ....  24T 
Number  actually  examined,  .  198 
Number  subpoenaed  for  defence,  .  236 
Number  actually  examined,  .  163 
Total  number  of  pages  of  testi- 

mon}"-,  legal  cap,  .  .  4300 
Making  a  solid  pile  of  MSS.  some- 
what over  26  inches  in  height. 
The  arguments  make  in  addition, 
TOO  pages.  The  vast  mass  of  depo- 
sitions, &c.,  taken  by  three  Judge 
Advocates,  Colonels  Burnett,  Fos- 
ter and  Olcott,  prior  to  the  opening 
of  the  case,  employed  five  short-hand 
writers  a  fortnight,  and  will  require 
two  experienced  clerks  six  weeks  to 
brief  and  file  away.  In  this,  as  in  all 
State  trials,  the  Government  pays  the 
expenses  of  the  witnesses  for  the  de- 
fence, as  well  as  those  for  the  prose- 
cution, at  the  rate  of  $3  per  diem, 
and  the  actual  cost  of  transportation 
from  and  to  the  witnesses'  homes. 


Justice  is  always  sure,  sooner  or 
later,  to  overtake  the  murderer.  For 
a  brief  time  he  may  elude  the  pursu- 
ing fate,  and  perhaps,  as  it  has  often 
been  the  case,  he  may  cover  up  for 
years  his  footsteps  and  be  lost  to  the 
keen  scent  of  the  avenger.  But  the 
day  must  come,  when  he  will  meet  his 
deserts.  God's  eye  watches  him,  and 
when  the  hour  arrives,  the  murderer 
is  exposed  and  justice  is  at  last  satis- 
fied. 

In  the  case  of  the  assassins  of  Presi- 
dent Lincoln  and  Secretary  Seward, 
the  criminals  were  brought,  either  to 
a  speed}'  death  or  arrest.  Their  plans 
of  escape  were  well  laid  and  promised 
success.  The  first  great  danger  Avas 
passed  when  Booth  and  Payne  made 
good  their  escape  from  the  theatre 
and  from  Mr.  Seward's  house.  So  far 
all  seemed  well ;  but  Booth's  fall  on 
the  stage,  which  broke  his  leg,  sealed 
his  fate  ce^taiul3^  It  was  decreed 
that  he  should  not  long  elude  the  swift 
punishment  due  his  horrible  crime — 
a  crime  for  which  there  is  no  name. 

Payne  thrown  from  his  horse,  found 
himself  in  the  limits  of  the  cit}',  and 
in  disaruise  sought  the  house  of  Mrs. 
Surratt.     The  ministers   of  justice 


TRIAL   OF   THE   ASSASSINS   AT   WASHINGTON. 


17 


vrevc  there  before  him,  and  he  fell  into 
their  hands  unwittingly,  though  un- 
willingl}-,  a  couple  of  days  after  the 
assassination. 

Harold  followed  Booth,  and  proved 
a  coward  in  the  last  act  of  the  tragedy 
in  which  his  principal  died  the  death 
of  a  dog ;  and,  begging  for  life,  sur- 
rendered. 

Geo.  A.  Atzeroth,  Michael  O'Lough- 
lin,  Samuel  Arnold,  Samuel  E.  Mudd, 
and  Mary  E.  Surratt  were  also  duly 
arrested  as  accessaries  to  tl)e  villainous 
plot,  and  confined  in  prison  to  await 
their  trial,  which  is  fully  reported  in 
the  succeeding  pages. 

Sketches  of  the  Culprits. 
Although  justice  decided  that  Booth 
should  not  be  brought  to  formal  trial, 
it  is  not  foreign  to  the  histor}-  of  the 
great  trial  of  the  conspirators,  that  a 
sketch  of  the  principal  actor  in  the 
tragedy  which  amazed  the  world, 
should  be  given  in  this  work. 

John  Wilkes  Booth. 

Booth  was  bom  on  his  father's  farm 
near  Baltimore.  Like  his  two  bro- 
thers, Edwin  and  Junius  Brutus,  he 
inherited  and  early  manifested  a  pre- 
dilection for  the  stage,  and  was  well 
known  to  theatre-goers  and  the  public 
geuerall}'  as  a  very  fine-looking  j'oung 
man,  but  as  an  actor  of  more  promise 
than  performance. 

He  is  best  remembered,  perhaps,  in 
"  Richard,"  which  he  played  closel}- 
after  his  father's  conception  of  that 
character,  and  b}^  his  admirers  was 
considered  superior  to  the  elder 
Booth.  He  was  quite  popular  in  the 
Western  and  Southern  cities,  and  his 
last  extended  engagement  was  in 
Chicago. 

Excellent  actors  say — and  actors 
are  not  over-apt  to  praise  each  other — 
that  he  had  inherited  some  of  the 
most  brilliant  qualities  of  his  father's 
genius.  But,  of  late,  an  apparently 
incurable  bronchial  affection  made 
almost  ever}'  engagement  of  his  a 
failure.  The  papers  and  critics  apolo- 
gized for  his  "  hoarseness,"  but  it  was 
long  known  by  his  friends  that  he 
would  be  compelled  to  abandon  the 
stage. 

in  the  winter  of  1SC3  and  'C4  he 


played  an  engagement  in  the  St. 
Charles  Theatre,  in  New  Orleans,  un- 
der the  disadvantages  of  his  "  hoarse- 
ness," and  the  engagement  termina- 
ted sooner  than  was  expected  on  that 
account.  He  had  many  old  friends 
in  that  city,  but  this  was  his  fir.st  ap- 
pearance there  since  the  inception  of 
the  rebellion.  On  his  arrival  he  called 
upon  the  editor  of  one  of  the  loading 
journals,  and  in  the  course  of  conver- 
sation he  warml}'  expressed  his  sym- 
pathy with  secession.  Indeed,  he  was 
well  known  as  a  secessionist,  but  he 
was  not  one  of  the  "noisy  kind." 

His  last  appearance  in  New  York 
was  on  the  evening  of  November  23, 
1864,  at  Winter  Garden,  when  the 
play  of  Julius  Caesar  was  given  for 
the  benefit  of  the  Shakspeare  Monu- 
ment Fund,  with  a  cast  including 
the  three  Booth  brothers — Edwin  as 
"  Brutus."  Junius  as  "  Cassius,"  and 
John  Wilkes  as  "  Marc  Antony."' 
In  the  early  part  of  1863,  during  an 
engagement  at  McTickcr's  Theatre, 
Chicago,  he  made  the  remark  one  day, 
"  "What  a  glorious  opportunitv  there 
is  for  a  man  to  immortalize  himself  by 
killing  Lincoln  !" 

"What  good  would  that  do?"  he 
was  asked.  He  then  quoted  these 
lines  : — 

"The  ambitions  youth  who  fired  the  Ephesian  dome, 
Outlives  in  fame  the  pious  fool  who  reared  it." 

"  Well,  who  was  that  ambitious 
youth — what  was  his  name?"  was 
then  asked. 

"  That  I  know  not,"  Booth  replied. 

"  Then  where's  the  fame  you  speak 
of?" 

This  nonplussed  him. 

From  this  it  would  seem  that  the 
assassin  had  the  commission  of  this 
horrid  crime  in  his  mind  for  at  least 
two  or  three  years. 

He  was  a  young  man  of  slender 
form,  nervous  and  wiry.  He  often 
rendered  himself  obnoxious  in  the 
theatrical  circles  b}-  the  expression  of 
his  dislo3'al  sentiments,  and  was  a 
great  admirer  of  Brutus,  the  assassin 
of  Caesar,  Charlotte  Corday,  the  as- 
sassin of  Marat,  Joan  of  Arc,  and 
that  class  of  historical  characters. 
He  was  subject  to  occasional  sprees 
of  intoxication,  and  was  generally 
regarded  among  actors  as  a  reckless 


FJ  •  •  «< 


18 


TRIAL   OF   THE   ASSASSINS   AT  WASHINGTON. 


and  erratic  young  fellow,  though  a 
tragedian  of  superior  ability,  origi- 
nality and  promise. 

Lewis  Payne. 

A  great  mystery  envelopes  this  man 
— a  mystery  which  seems  impenetra- 
ble. As  the  assassin  who  attempted 
thelife  of  Secretary  Seward,  more  than 
ordinary  interest  was  attached  to  the 
testimony  affecting  his  case.  Who  he 
is  no  one  appeared  to  know  on  the 
trial.  The  nearest  approach  to  any 
thing  satisfactory  is,  that  he  is  the  son 
of  a  Ilev.  Mr.  Powell,  a  Baptist  min- 
ister, residing  in  Florida ;  hut  even 
this  is  not  positively  ascertained.  Miss 
Brandon,  a  witness,  produced  in  his 
behalf,  remembered  him  as  a  nurse  in 
one  of  the  hospitals  after  the  battle  of 
Gettysburg.  He  then  went  by  the 
name  of  Powell;  but,  early  in  1SG5, 
while  boarding  with  Mrs.  Brandon's 
mother,  in  Baltimore,  he  assumed  the 
name  of  Payne. 

During  the  progress  of  the  trial  he 
remained  apparently  indifferent  to  all 
around,  and  was  possessed  of  a  most 
extraordinary  control  over  his  feelings. 
He  maintained  a  dogged  and  sullen 
demeanor  throughout ;  and  when  the 
colored  waiter  at  Mr.  Seward's  was 
placed  upon  the  witness  stand,  Pa3'ne 
was  directed  to  stand  up  and  face  the 
witness.  Both  looked  steadily  at  each 
other  for  a  few  moments,  when  the 
colored  boy  pointed  to  Payne,  saying, 
"  That  in  the  man!"  This  positive 
recognition  did  not  in  the  least  discon- 
cert the  prisoner.  But  when  Sergeant 
George  B.  Robinson,  the  nurse  at  Mr. 
Seward's,  was  called,  and  Payne  was 
again  directed  to  stand  up  and  look  at 
the  witness  while  he  detailed  the  cir- 
cumstances attending  the  attempted 
murder,  the  prisoner  grew  red  in  the 
face  at  tlie  recital  of  Ptobinson,  par- 
ticularly while  he  held  in  his  hand  the 
knife  which  Payne  used  on  the  occa- 
sion, and  gave  a  demonstration  of  the 
manner  in  which  the  assassin  had 
struck  at  the  defenceless  man  as  he 
lay  \ipon  his  sick  bed. 

The  court-room  was  almost  bz'cath- 
less  at  this  moment,  every  e3'e  being 
turned  upon  the  prisoner,  to  read  in 
his  countenance  the  confirmation  of 
the  truth  of  the  witness'  statement ; 


but  he  not  so  much  as  stirred.  His 
wild  stare  was  fixed  upon  the  witness. 
His  mouth  was  closed  tightly,  as  if  his 
teeth  were  firmly  clenched  together, 
and  he  stood  up  as  straight  as  a  statue, 
with  no  sign  of  fear,  trembling,  or 
trepidation.  Tavo  coats  worn  by  Paj'ne 
on  the  night  of  the  attempted  murder 
were  produced. 

The  irons  were  taken  from  Payne's 
wrists,  and  he  was  directed  to  put 
on  both  coats  and  the  hat  which  he 
dropped  at  the  Secretary's  house  when 
he  fled.  The  colored  boy  was  again 
brought  in,  and  Payne  stood  up, 
dressed  in  the  clothes  he  wore  on  that 
night,  and  he  again  identified  Payne 
as  the  man  who  forced  himself  into 
Mr.  Seward's  house  while  in  this  dress. 
Facing  the  witness,  Payne  would  occa- 
sionally betray  a  sneering'defiant  smile, 
and  looked  like  a  perfect  desperado. 

Major  Seward,  son  of  the  Secretary, 
also  positively  identified  Payne  as  the 
man  who  entered  his  father's  house, 
and,  in  a  tone  of  deep  emotion,  nar- 
rated the  incidents  of  the  stabbing  of 
his  father  and  brother,  and  pointed  to 
Payne  as  the  man  who  did  it.  He  was 
positive  as  to  his  identity,  and  the 
counsel  for  the  prisoner,  after  a  short 
cross-examination,  desisted,  as  a  refu- 
tation of  this  evidence  was  hopeless. 
The  sleeve  of  the  woolen  shirt  which 
Payne  had  improvised  into  a  skull  cap 
on  the  night  he  visited  Mrs.  Surratt's 
house,  and  the  pickaxe  he  carried, 
were  exhibited. 

The  sleeve  was  put  on  Palme's  head, 
and  he  was  fully  identified  by  the  re- 
spective officers  as  the  man  who  at- 
tempted to  pass  himself  off  as  a  labor- 
ing man  when  he  was  arrested  by  the 
detectives  at  Mrs.  Surratt's.  The 
boots  he  wore  on  that  night  were  also 
given  in  evidence,  and  it  was  shown 
that  the  name  originally  inside  of 
them  had  been  blotted  out  to  prevent 
identification,  but  being  experimented 
upon  with  oxalic  acid,  the  name  of 
"J.  W.  Booth"  appeared.  This  com- 
pleted the  chain  of  evidence  connect- 
ing Payne  with  Booth. 

An  attempt  was  made  by  his  coun- 
sel to  prove  him  insane  ;  but  a  rigid 
examination,  under  direction  of  Sur- 
geon General  Barmes,  furnished  con- 
clusive evidence  of  his  sanity. 


TRIAL   OF   THE   ASSASSINS  AT  WASHINGTON. 


19 


The  testimony  against  him  during 
the  trial  brought  out  the  fact  that  he 
was  emplo^-ed  by  the  rebel  plotters 
who  had  taken  refuge  in  Canada  to 
assassinate  Secretary  Seward.  He 
was  a  fit  tool  for  these  persons — Bev. 
Tucker,  Geo.N.  Sanders,  C.  C.  Clay, 
Jacob  Thompson,  W.  N.  Cleary,  et 
al.  Booth  succeeded,  but,  thanks  to 
kind  Providence,  Payne  failed.  If 
Abraham  Lincoln  was  to  be  the 
Martyr,  Wm.  H.  Seward,  his  trusty 
counselor  and  friend,  was  to  live  and 
behold  the  triumph  of  our  cause. 

Payne  went  on  to  play  his  part 
in  the  work  on  the  4th  of  March, 
but  as  the  scheme  was  postponed,  he 
found  his  way  to  the  house  of  Mrs. 
Surratt.  At  her  house  he  passed  un- 
der the  name  of  Wood.  The  part 
which  he  enacted  in  the  assassination 
plot  is  explained  in  the  testimony 
given  during  the  trial. 

Payne  is  a  bad  looking  man,  tall 
and  of  huge  proportions,  neck  bare, 
face  smoothly  shaven,  a  shock  of  black 
hair  over  a  low  forehead,  and  fierce 
eyes  with  small  corner,  around  which 
the  white  is  always  disagreeably  visi- 
ble. He  leans  his  head  straight  back 
against  the  wall,  and  when  looked  at, 
glares  the  looker  out  of  countenance. 

David  C.  Harold. 

Harold,  the  accomplice  of  Booth 
in  the  assassination  of  President  Lin- 
coln, is  not  over  twenty-three  ^^ears 
of  age.  He  was  born  in  Maryland, 
and  received  his  education  at  Char- 
lotte Hall,  in  St.  Mary's  County.  His 
father,  a  most  estimable  man,  resided 
for  many  years  in  Washington,  and 
hel4  the  position  of  principal  clerk  in 
the  ISaval  store.  Young  Harold  was 
perfectly  acquainted  with  the  topo- 
graphy of  the  lower  portion  of  the 
fctate,  lying  between  the  Chesai)eake 
Bay  and  the  Potomac  River,  and  made 
an  excellent  guide  for  Booth,  with 
whom  he  was  on  most  intimate  terms 
for  several  months  previous  to  the 
assassination.  Harold  led  a  very 
dissipated  life,  and  was  notoriously 
indolent,  while  it  was  a  matter  of  gene- 
ral surprise  how  he  obtained  means 
to  live.  It  is  probable  now  that  monc}^ 
was  furnished  him  Irom  the  secret 
service  fund  of  the  Rebel  Government, 


as  well  as  to  Booth,  Payne  and  the 
other  conspirators. 

Harold  is  an  inveterate  talker,  and  a 
great  coward,  as  his  anxiety  to  sur- 
render when  in  Garrett's  barn  suffi- 
ciently proves.  Since  his  capture  he 
has  been  talkative  and  reticent  by 
turns,  and  although  wearing  generally 
an  indifferent  air  while  in  court,  when 
in  his  cell  he  frequently  gives  way  to 
fits  of  weeping. 

Jotn  H.  Surratt. 

Surratt,  the  son  of  Mrs.  Surratt, 
and  one  of  the  principal  conspirators, 
made  his  escape,  leaving  Washington 
the  morning  after  the  murder,  at  6.15 
A.  M.,  going  via  Philadelphia  and  New 
York  to  Springfield,  Mass.,  where  he 
was  delaj^ed  by  trains  missing  con- 
nection, and  remained  all  day. 

He  then  took  the  cars  and  went 
direct  to  Burlington,  where,  in  getting 
his  supper,  he  droi^pcd  his  handker- 
chief with  his  name  marked  upon  it; 
at  St.  Alban's  he  left  the  train  and 
proceeded  on  foot  to  Canada,  where 
he  went  part  way  by  rail  and  part  on 
foot  to  Montreal,  where  he  was  secre- 
ted b}^  some  of  the  sympathisers,  and 
on  the  morning  of  the  2d  of  May,  he 
had  an  interview  with  George  N.  San- 
ders. He  then  left  and  went  in  the 
direction  of  a  monastery.  He  was 
known  to  be  in  that  vicinity  that  day, 
and  cannot  since  be  found  or  heard 
of  It  is  probable  that  he  is  within 
its  walls. 

Mrs.  Mary  E.  Surratt. 
]Mrs.  Mary  E.  Surratt  is  the 
mother  of  John  II.  Surratt,  and  the 
evidence  adduced  during  the  trial, 
proves  her  to  have  been  one  of  the 
most  active  and  energetic  of  the  con- 
spirators. There  is  no  doubt  but  that 
she  aided  them  in  every  manner  in 
her  power.  She  had  the  carbines  pre- 
pared and  the  bottles  of  whisky  ready 
for  Booth  and  Harold  when  they  arri- 
ved at  her  old  tavern  in  their  flight. 
She  is  a  woman  of  great  nerve  and 
energy,  and  an  out  and  out  rebel  at 
heart.  Mrs.  Surratt  is  a  Marylander, 
about  forty-five  or  forty-eight  yt^rs  of 
age.  Mrs.  Surratt  shut  up  her  house 
after  the  murder,  and  waited  with  her 
dauofhters  till  the  officers  came.     She 


-•-•  *i 


A    ^    •    %' 


■>■■—  ^  -  ..  *WW^  J^^J^ 


-■•p: 


20 


TRIAL   OF  THE   ASSASSINS  AT  WASHINGTON. 


was  imperturbable  and  rebuked  her 
girls  for  weeping,  and  would  have  gone 
to  jail  like  a  statue,  but  that  in  her 
extremity  Payne  knocked  at  her  door. 
He  had  come,  he  said,  to  dig  a  ditch 
for  Mrs.  Surratt,  whom  he  very  well 
knew.  But  Mrs.  Surratt  protested 
that  she  had  never  seen  the  man  at 
all,  and  had  no  ditch  to  clean. 

"How  fortunate,  girls,"  she  said, 
"  that  these  officers  are  here  ;  this  man 
might  have  murdered  us  all  I" 

Her  effrontery  stamps  her  as  worth}'- 
of  companionship  with  Booth. 

Samuel  A.  Mudd. 
Samuel  A.  Mudd  is  the  person  who 
set  Booth's  leg.  Mudd  lives  in  Mary- 
land, about  three  miles  from  Bryan- 
town,  and  has  been  known  through 
the  war  as  a  strong  sympathizer  with 
the  Rebellion. 

Geo.  A.  Atzeroth. 

Atzeroth,  who  was  to  murder  Mr. 
Johnson,  is  a  vulgar-looking  creature, 
but  not  apparently  ferocious  ;  combat- 
iveness  is  large,  but  in  the  region  of 
firmness  his  head  is  lacking  where 
Payne's  is  immense.  He  has  a  pro- 
ti'uding  jaw,  and  mustache  turned  up 
at  the  end,  and  a  short,  insignificant 
looking  face.  He  is  just  the  man  to 
promise  to  commit  a  murder  and  then 
fail  on  coining  to  the  point.  Mrs.  Sur- 
ratt calls  him  a  "stick,"  and  she  is 
probably  right. 

Atzeroth  was  captured  during  the 
week  which  succeeded  the  crime,  and 
was  taken  to  Washington.  He  had  a 
room  almost  directly  over  Mr.  John- 
son's. He  had  all  the  materials  to  do 
murder,  but  lost  spirit  or  opportunity. 
He  ran  away  so  hastily  that  all  his 
arms  and  bagj^age  were  discovered  ;  a 
tremendous  bowie-knife  and  a  Colt's  / 
cavalry  revolver  were  found  between 
the  mattresses  of  his  bed.  Booth's 
coat  was  also  found  there,  showing 
conspired  flight  in  company,  and  in  it 
three  boxes  of  cartridges,  a  map  of 
Maryland,  gauntlets  for  riding,  a  spur, 
and  a  liandkerchief  marked  with  the 
name  of  Booth's  mother — a  mother's 
souvenir  for  a  murderer's  pocket !  At- 
zeroth fled  alone,  and  was  found  at  the 
house  of  his  uncle  in  Montgomery 
co;;uty. 


Edward  Spangler. 

Spangler  appears  to  have  been 
Booth's  right  hand  man  during  the 
awful  scene  at  the  theatre.  Spang- 
ler was  employed  as  the  carpenter 
of  the  theatre.  He  is  about  forty 
years  of  age  and  of  a  mild  looking  face. 

Samuel  Arnold. 

Arnold  is  a  native  of  Maryland, 
and  originally  entered  the  plot  to 
carry  off  President  Lincoln  and  im- 
mure him  in  some  out  of  the  way 
house  or  take  him  to  Richmond.  He 
seems  to  have  hesitated  about  com- 
mittins:  murder  and  was  anxious  for 
Booth  to  get  the  consent  of  Jeff. 
Davis  to  the  crime,  before  he  lent  it 
his  countenance.  He  is  a  young  man 
of  some  28  3'ears  of  age  and  of  medium 
height. 

Sam.  Arnold  (who  was  arrested  at 
Fortress  Monroe),  as  well  as  other 
witnesses,  states  that  one  plan  was  to 
capture  Mr.  Lincoln  some  night  be- 
tween the  War  Department  and  White 
House,  where  he  was  accustomed  to 
go  alone  late  at  night.  He  was  then 
to  be  hurried  down  through  the  gar- 
den of  the  White  House,  thence  to 
what  is  known  as  the  old  Van  Ness 
house  on  Seventeenth  street,  near  the 
confluence  of  Tyber  and  Potomac 
rivers. 

Ihis  house  is  built  near  the  old 
homestead  of  David  Burns,  a  Scotch- 
man, whose  plantation  embraced 
about  one-third  of  Washington  City. 
He  grew  rich  from  the  sales  of  land. 
About  the  3'ear  1820,  General  Van 
Ness  built  a  house  on  the  old  home- 
stead. It  is  a  large  brick  commo- 
dious house,  two  stories  and  a  half 
high.  The  partition  walls  all  run  to 
the  same  depth  as  cclla'-  walls.  At 
some  subsequent  period  the  cellars 
made  by  these  walls  were  dug  out, 
and  one  of  them  has  a  trap  door  going 
down  through  the  floor,  and  was  for- 
merly used  for  a  wine  cellar  Another 
was  used  for  a  slave  prison,  and  still 
another  for  aif  ice  house. 

On  the  death  of  Van  Ness,  fifteen 
years  ago,  it  was  sold  to  one  Thomas 
Green,  who  owned  the  Warrenton 
Springs  in  Virginia.  Green's  sons 
were  all  in  the  rebel  army. 


TRIAL  OF  THE  ASSASSINS  AT  WASHINGTON. 


21 


Had  they  been  able  to  have  gotten 
Mr.  Lincoln  across  the  Potomac  and 
into  Moseby's  hands,  all  well.  But 
if  not  then  he  could  have  been  secreted 
in  this  house. 

There  are  about  two  acres  around 
the  house  filled  with  high  trees  and 
close  shrubbery,  with  a  high  brick 
wall  along  the  street,  shutting  the 
house  from  the  street,  and  any  cries 
from  it  would  be  effectually  drowned 
long  before  reaching  the  street. 

Several  times  durinsr  the  war  was 
this  house  an  object  of  suspicion,  and 


several  arrests  were  made  there,  but 
not  until  the  murder  were  the  secret 
vaults  and  passages  found  and  the 
character  of  the  place  ascertained. 

Michael  O'Louglilin. 

O'LouGHLiN  was  designated  to  be 
the  assassin  of  Lieut.-Uenl.  Grant. 
He  has  much  of  Booth's  appearance, 
with  black  hair,  mustache  and  im- 
perial. He  does  not  look  like  one  who 
would  be  selected  for  such  desperate 
work. 


TRIAL  OF  THE  ASSASSINS  AND  CONSPIMTORS. 


^  < « » » 


A  Description  of  llie  Conspirators. 

REVERDT  JOHNSON  AND  GEN.  HARRIS. 
Examination  of  Witnesses 

THE    TESTIMONY    IN    DETAIL. 


"Washington,  May  13.— The  court  Is  held  at 
the  Old  Penitentiary,  in  an  upper  room,  white 
■walled,  witli  two  windows  east  and  north. 
These  windows  are  ironed  with  flat  bars  along 
the  wall. 

On  the  west  side,  on  raised  seats,  were  Dr. 
Mudd,  David  C.  Harold,  Lewis  Payne,  Edward 
Spans;ler,  of  F'ord's  Tlieatre,  Michael  O.  Lauajh- 
lin,  Atzeroth  and  Samuel  Arnold.  Sittingout- 
sidothe  paUiii;  was  Mrs.  Surratt,  leaning  on  a 
small  crcen-baizcd  tal)le.  Beyond  lier,  on  the 
other  side  of  the  table,  near  the  nortliern  win- 
dows, sat  the  counsel  for  the  accused,  Thomas 
Ewin^,  son  of  the  Ohio  ex-Senator.  Attorney 
Stoned  Walter  S.  Co.x,  Keverdy  Johnson,  Aiken 
and  Clampot. 

Running  east  and  west,  beside  the  northern 
•wall,  tliere  is  a  lonu;  talile,  also  covered  with 
green  baize.   At  this  sit  tlie  Court. 

Dr.  Miidd  looked  caltn.  collected  and  atten- 
tive, leanini^on  therailing  that  surrounded  him 
as  if  to  relieve  his  wrists  troui  the  weight  of  the 
liandufls  that  encumbered  them. 

Arnold  was  restless,  raising  his  hand  to  his 
hairwitha  nervous  twitching,  and  constantly 
varying  the  direction  of  liis  looks,  now  glancing 
from  face  to  face,  then  bowing  his  head  on  his 
hand,  which  was  supported  on  his  knees.  His 
handcuffs  were  somewhat  peculiar,  not  being 
connected  asusualby  a  chain,  but  by  abar  about 
eight  inches  in  length. 

Payne,  dressed  in  grey  woolen  shirt  and  dark 
pants,  seemed  more  intent  in  trying  to  obtain  a 
full  view  of  the  sunny  landscape  through  the 
barred  windows  than  of  <;onfiniug  his  attention 
to  the  details  of  the  proceedings.  As  he  looked, 
a  strange,  listless  dreaminess  pervaded  his  face. 
His  dark  hair,  irregularly  parted,  hung  over  his 
forehead  and  often  clouded  his  dark  blue  eyes. 
His  thick,  somewhat  protruding  lips  were  as  if 


glued  together.  His  legs  were  crossed,  and  his 
ironed  hands  rested  on  tl>e  knee  of  the  upper 
one.  Laughlin  was  observant  of  every  move 
in  the  Court.  He  leaned  back,  with  his  head 
against  the  wall,  fully  exposing  his  broad  but 
not  high  forehead,  crowned  with  a  full  bushy- 
head  ot  black  iiair. 

Atzeroth,  a  man  some  five  feet  six  or  seven 
inches  in  height,  might  have  been  taken,  had  it 
not  been  for  his  manacles,  as  a  mere  spectator. 
He  possesses  a  style  of  face  most  common 
in  southern  Germany,  though  his  beard  and 
hair  are  of  a  redilish  sand  color,  and  his  eyes 
light.    A  police  officer  sat  beside  each  prisoner. 

"Mrs.  Surratt  has  already  been  correctly  de- 
scribed; a  stout,  buxom  widow,  fitting  FalstafTs 
ideal,  fair,  fat  and  forty;  although  it  's  as- 
certained she  is  far  beyond  that  period  of 
life,  having  nearly  reached  her  grand  climac- 
tric.  She  was  dressed  in  black,  and  looked 
a  little  flushed,  but  we  failed  to  notice  that 
cold,  cruel  gleam  in  her  grey  eyes,  which  some 
of  the  gentlemen  of  the  press  have  attributed 
to  lier. 

The  court  engaged  in  the  trial  of  the  conspira- 
tors altered  one  of  its  rules  to-day,  so  as  to  admit 
reporters  for  the  press.  Hon.  Reverdy  Johnson 
appeared  as  counsel  for  Mrs.  Suri-att,  whereupon' 
an  objection  was  raised  to  him  by  General  Har- 
ris, and  which  was  withdrawn  alter  an  earnest 
debate  on  both  sides. 

Detectives  Lee  and  the  clerk  of  the  Kirkwood 
House,  and  the  present  proprietor  of  the  house 
heretofore  occupied  by  tlie  Surratt  family  and 
others,  were  examined  with  reference  to  this 
house,  and  in  relation  to  arms  having  been  de- 
posited there  in  order  to  facilitate  the  escape  of 
the  assassins.  The  court  was  in  session  until  a 
late  hour. 

All  Objection  to  Rcvercly  .Tohiison. 

The  first  testimony  taken  in  the  case  of  the 
several  parlies  arraigned,  was  a  portion  of  tliat 
wliich  the  Government  deems  it  necessary  for 
the  present  to  withhold  from  the  public.  When 
that  testimony  had  ail  been  rendered,  Brigadier- 
General  T.  M.  Harris  stated  that  he  rosoto  ob- 
ject to  the  admission  of  Mr.  Reverdy  Johnson  as 
a  counsel  pleading  before  the  Court,  and  that  ho 
did  this  upon  the  ground  that  in  an  opinion  de- 
livered by  Mr.  Johnson,  that  gentleman  had  ex- 
pressed his  disregard  of  tlie  sanctity  of  a:i  oath. 
General  Harris  then  slated  that  he  referred  to 
the  opinion  expressed  in  a  letter  written  by  Mr. 
Johnson  at  the  time  of  the  Maryland  Convention 
held  with  reference  to  the  adoption  of  the  new 
constitution  of  that  State. 


22 


TRIAL   OF   THE   ASSASSINS   AT  WASHINGTON. 


9Ir.  Johnson's  Reply. 

Mr.  Johnston  replicfl  as  follows:— It  is  difficult  to 
speak  to  that  objection:  to  speak  as  I  (eel,  without 
havinfc  th;  t  opinion  boforo  me.  That  opinion  cannot 
be  torlurod  by  uny  reasonahlo  man  to  any  such  couclu- 
Biuns  There  i^  not  a  member  ot this  Court,  eiilior  the 
President  or  the  nietuber  who  objects,  who  recognizes 
the  obiisation  of  an  oath  more  absolutely  than  I  do, 
and  there  is  nothinfj  in  my  lite,  from  the  commence- 
ment to  the  present  tune,  which  would  induce  me  lor 
a  momentta  avoid  a  comparison  in  all  moral  respects 
between  myself  a:  id  any  member  of  this  Court.  In  tliis 
Eebellion,  which  has  broken  down  so  many  moral 
principles.  It  has  b'pn  my  pride  to  stand  by  the  Go- 
vernment Irom  the  besinnini^  to  the  present  moment, 
and  to  fake  every  obliiL;ation  which  the  Government 
thought  it  necessary  to  impose,  and  to  do  mydutj' 
faithlully  in  every  department  oi' the  public  .service  as 
well  as  in  my  individual  capacity. 

If  such  an  ob.  ection  was  made  in  the  Senate  of  the 
United  States,  where  I  am  known.  1  lorbeartosay 
how  it  would  be  treated,  bejause  I  know  the  terms  in 
which  it  would  be  decided.  I  have  too  Ions  gone 
through  too  many  trials,  and  rendered  the  country 
such  services  us  my  abilities  enabled  me,  and  the 
votes  of  the  people  in  whose  midst  I  am  living,  for  mo, 
particulaily,  to  tolerate  for  a  moment,  come  from 
whom  it  may,  such  an  aspeision  on  my  moral  charac- 
ter. I  am  glad  it  is  made  now  when  I  have  arrived  at 
that  period  of  lile  when  it  would  be  unfit  to  notice  it  in 
any  other  w.iv  ;  b^it  1  repeat  there  is  not  one  word  of 
triith  in  the  construction  on  what  has  been  given  in  the 
opinion  already  referred  to.  1  have  it  not  by  me,  but  1 
recollect  substantiallV'Wliat  it  was. 

The  convention  called  to  form  a  new  Constitution  for 
the  State  was  called  under  the  authority  ot  an  act  o." 
the  Legislature  of  Maryland,  and  under  that  alone. 
By  th  It  Legislature,  their  jiroceedings  were  to  be  sub- 
mitted to  the  then  legal  vo'.ers  of  the  State.  The  con- 
vention ihoughtthat  they  were  authorized  themselves 
to  impose  nutonly  as  aii  authority  to  vote  what  was 
not  imposed  by  the  exis  ing  Constitution  and  laws,  but 
that  they  had  a  iightio  admit  to  voteihose  who  are 
prohibitel  irom  voting  by  said  Constitution  and  laws; 
and  isatd.  in  company  with  the  whole  bar  or'i  he  State, 
and  what  the  whole  bar  throughout  the  Union  wo  Id 
have  said,  that  to  that  e.-ctent  thev  had  usurped  the 
authority  under  which  aioiie  they  were  authorized  to 
meet,  and  that,  so  far.  tlie  proceedimr  was  a  nullity. 

They  had  prescribed  this  oath,  and  all  the  opinion 
said,  or  was  intended  to  say,  was  that  to  take  this 
oath  voluntarily  was  not  a  craven  submission  to 
usurped  authority,  but  was  necessary  in  order  to  en- 
able the  citizen  to  protect  liis  rights  under  the  then 
Constiiufon,  and  that  there  was  no  moral  liarm  in 
taking  an  oath  which  the  t'onveotion  had  no  autho- 
rity to  impose  1  make  it  no  relleclion  ouauymnm- 
bef  of  th.s  Court  when  I  say  that,  upon  a  question 
of  that  description.  1  ain  at  least  able  to  Ibrm  as  cor- 
rect an  opinion  as  any  of  the  gentlemen  around  this 
table. 

I  am  here  at  the  instance  of  that  lady  ^pointing  to 
Mrs  snrr.'.tt),  whovii  1  never  saw  or  heard  of  till  yes- 
terday, she  Leing  a  Maryland  lady,  proiesting  her  in- 
nocerica  to  me;  because  1  deem  it  a  right,  due  to  the 
character  of  the  pro  ession  to  which  I  belong,  and  o 
which  yon  aro  members,  that  she  should  not  go  unde- 
fended I  was  lodo  it  voluntarily,  without  compensa- 
tion, fhelaw  prohib  ts  mj  irom  receiving  cuaiiien- 
sation,  Inil  ii  it  had  not,  understanding  her  condition, 
I  should  never  have  dreamed  of  refusing  upon  the 
ground  ol  tier  ina'jility  to  make  compensation.  I  am 
now  volunteering  lodowhat  evidence  will  justily  me 
in  doing  for  this  lady,  wuo  is  now  being  tried  (or  her 
li,e  My  detestation  ot  every  one  concerned  in  Ihi? 
nefarious  plot,  carried  out  with  such  liendish  malice,  is 
as  great  as  that  oj'nny  member  of  this  Court.  lam 
not  heie  to  protect  any  on i- who,  when  the  evidence  is 
heard.  I  shall  deem  to  havebeen  guilty— not  even  her. 

Will  the  honorable  member  of  ihe  Court  wnO  has 
thought  it  projier  or  bnlieved  ithisdutyto  make  this 
objection, or  the  President,  who  said  that  it  the  lionor- 
ab  ..>m"mb;r  hadaiot  made  u  he  should  have  dune  so, 
will  lliey  uiidersia:  d  that  I  am  not  pleadiug  here  lor 
anything  i)ersonal  t  J  myself.*  Island  too  tirmly  set- 
tled in  luyownconvictiDUS  of  honor  andinmysense 
ot  duty,  public  and  priva'e.  t  i  be  alarmed  at  all  at  any 
individual  opinion  that  may  be  expressed.  I  ask  the 
Court  to  decide,  and  I  liavc  no  doubt  they  shall  decide 
as  i^eeitis  tie -no  tliem,  and  ii  itsha'l  be  such  a  ''eiM-<ion 
as  the  President  of  theCourt  leeMiuclined  to  make,  I 
can  take  care  of  myself  in  the  future. 

Remarks   of  Brig^adicr-Oeneral   Harris. 

I  trust  it  is  not  necessary  I  should  assure  you  nor  the 
gent'eman  to  whom  I  feel  it  my  duty  to  object 
ascouu-*;!  before  this  Court,  that  I.should  say  thai  I 
desire,  ahove  ail  things,  not  to  do  injustice  to  any 
man,  and  i  can  assure  you  that,  in  doing  what  I  fee;  it 
my  duty  to  do,  1  have  not  bem  influenced  by  any  per- 
sonal considerations.  Though  1  nevvi  had  the  ))lea- 
surool'  acQuainlanccof  th'  g  nth-man  to  whom  f  ob- 
ject. I  have  known  him  long  as  an  omnieut  p;iblic  man 
ol  our  country  oi  whom  1  mu'-t  Ray.  ■  hat  my  imiires- 
Bions  Ijiave  been  of  a  very  lavorable  character.    But  in 


regard  to  the  matter  of  the  objection,  if  my  recollec- 
tion serves  me  right,!  must  contend  that  it  is  well 
founded. 

It  is  dqeto  the  gentleman  that  I  should  say  that  I 
have  made  this  objection  simply  from  the  recollection 
of  this  letter,  which  I  read,  perhaps,  neai  ly  a  year  ago, 
anil  of  theelfectsof  that  letter  upon  the  vote  of  that 
.State.  Now.il  I  understand  the  remarks  ui  that  gen- 
tleman in  explanation  of  this  "thing."  I  cannot  say 
thai  it  removes  the  difficulty,  from  my  mind  at  least. 
I  understand  him  to  say  that  the  doctrine  he  taught 
tlie  pcople'of  his  .State  "was  that  because  the  Conven- 
tion had  framed  and  required  the  taking  oian  oath  as 
a  qualilication  to  the  right  of  sulTra'ie  which  was  un- 
constitutional and  illegal,  in  his  opinion,  and.  there- 
lore,  it  bad  no  moral  binding  force,  and  that  people 
might  take  it  and  then  go  and  vote  without  regard  to 
the  subject  matterof  that  oath.  II  that  does  not  justily 
my  conclusion,  I  confess  I  am  unable  to  understand 
the  English  language. 

Now  I  wish  the  gentleman  to  understand  me.  that 
in  regard  to  his  ability  to  decide  a  legal  question  I  do 
not  intend  to  enter  into  any  controversy.  lie  remarked 
to  the  Court  rather  baastingly  that  he  is  as  well 
ableas  any  member  of  this  Court  to  judge  in  regard 
to  any  legal  point,  but  this  is  not  a  point  ot  law.  it  is  a 
question  of  ethics  and  of  the  moralitv  of  the  tuing;  of 
the  sanctity  of  an  oath  voluntari'y  taken,  which  I  un- 
derstand he  taught  his  people  might  be  set  aside  as 
having  no  force,  because  the  cunvenlion  had  trans- 
cended its  authority,  and  done  something  it  had  no 
right  to  do,  and  that  consequently  thpv  might  volun- 
tarily take  this  oath  to  entitle  tiiem  to  go  and  vote 
without  considering  it  to  have  anv  binding  Ibrce:  and 
I  am  much  mistaken  in  the  history  ol  i  ho»e  Uays.  and 
in  the  effect  of  that  opinion  upon  the  vote  of  that 
State  if  it  was  not  so  considered. 

A  large  number  cast  their  suffrages  undfr  that  ethi- 
cal doctrine  taught  bv  the  gentleman  ag:Mnsi  whom  I 
have  objected;  but  as  I  was  about  to  romark,  1  would 
be  sorry  to  do  injustice  to  the  gentleman,  or  any  other 
man.  and  having  made  my  objection  simplv  ir  im  my 
recollection  of  this  letter,  it  is.  perhaps,  due  to  thegen- 
l.eman  and  the  members  of  this  Court,  that  the  letter 
Itsc.f. should  be  submitted  to  the  scrutiny  of  this  Ciiurt. 
I  maybe  wrong;  ifso,  none  can  he  more  ready  than 
myseif  to  acknowledge  that  lact. 

Rejoinder  of  Mr.  .lohnson. 

Mr.  Johnson  said;—!  do  not  intend  to  make  an  ex- 
tended repl  /  to  the  gentleman's  remai'ks.  As  tj  my 
boasting  about  mv  coinpeten -y  to  dec  de  any  legal 
question,  thegeiit  eman  is  mistal.en.  I  sa  d  as  coin- 
peteiitas  anv  of  theniembers  of  this  couri.  they  not 
being  lawyers.  Now  i  he  hjnorable  ineaiher  seems  to 
supjiose  tiiat  because  I  said  there  was  n  i  harm  in  tak- 
ingai  oath,  Ihut  I  meant  there  wo.ild  be  no  harm  in 
bre  king  it,  if  it  w;is  taken.  I.  that  is  tlie  meaning 
of  th  !  terms,  I  am  better  informed  m  regard  to  it  now 
than  Ie>er  was  befure.  I  have  a  ready  s.i  d  to  the 
court  that  I  had  no  idea  of  u  ing  them  i  r  any  such 
purpose;  thai  a  cording  to  my  inerpretat  on  of  them 
the"  admitted  of  no  such  consTucuon.  Vfuen  a  gen- 
t  eman  isde  Uiiig  w.th  gentlenen.  eve-i  if  the  words 
he  uspd  were  liable  to  misrepresentittian.  his  explana- 
tion of  the  intended  meaning  of  them  is  held  to  be 
su.Iic-ent. 

I  submit  that  amongst  gentlemen,  and  I  hone  I  am 
not  boasting  that  in  that  cajiaci  y  I  may  consider 
myself  equal  to  any  member  of  this  Court,  1  re,)e.it, 
when,  :;s  a  gentlernan,  I  say  they  were  not  used  for 
anv  such  design  as  imputed  to  th  m.  the  gentleman 
to  whom  the  explanation  is  given  will  not  bo  disposed 
to  repeat  that  they  were  in  point  of  lact  used  with 
that  deslL'n.  Now  as  to  i  he  effect  upon  thopeopieof 
Maryland,  I  don't  know  where  the  honorable  mem- 
ber IS  from,  but  he  is  not  a  citizen  of  our  State,  X  sup- 
pose. 

G-meral  Harris— I  am  a  citizen  of  "Western  'Virginia. 

Mr.  .lolinson— I  supposed  you  were  not  ac.tizeii  of 
Marvland,  1  wasaboutlo  sav  whuevursupposed.and 
T  ho  e  lie  will  send  for  the  letter,  that  the  people  of 
Marv'aiid  can  be  induced  bv  indiv.dual  <  p  iiion  to 
take'anoatb  in  order  to  violate  it  is  uad  T a  v.ry  great 
misanir  -Uension.  We  h  ive  had.  w  r.it  I  regret,  hun- 
dreds an  1  hundreds  ol  our  ciii/.eus  wbo  hive  lelt  our 
borders  an  1  parlioipated  in  the  llebelli  in:  but  hun- 
dred.s  and  hundreds  also  o.  these  w.io  remained  have 
proved  true  to  iheir  flag,  and  have  ev  nc»d  their  loy- 
al y  upon  iho  battle-field  with  t  .eir  blood,  aid  with 
the;r  lives  and  in  therelation  in  wh  ch  I  stand  to  the 
Iieope  of  Maryland,  I  may  bu  )  ermitted  to  s-ay.  they 
are  the  equals,  morally  and  patriotically,  ot  the  people 
of  Western  Virginia.  ,     ^         .^   .. 

Therowere  other  topics  involved  in  theConstitution 
whic  I  inlluenccd  the  voles  of  those  who  voted  against 
it,  to  which  it  is  unnecessary  and  i;ss'.e-vs  here  to  reCer. 
But  I  deny,  and  deny  implicitly,  that  there  was  a 
single  man  who  voted  because  o'  that  opinion,  or  who 
tookilieoath  witha  view  to  vote,  thereby  to  violate 
til  obligation.  But  as  a  legal  question  it  is  something 
new  to  me.  The  objection  made,  if  we.l  lounded  in 
fact  is  we'l  founded  in  law.  Arothe  membersof  this 
Ci  uri  to  measure  i  he  moral  character  of  every  counsel 
wl:0)r:a/appear  before  them 'i"  Is  that  their  function'.' 
What  n 'U"UCP  luis  tha:  upon  the  Coiir  by  which  ihfir 
judgment  could  be  led  astray.    His  client  may  suUier 


TRIAL   OF   THE   ASSASSINS    AT  WASHINGTON. 


23 


from  thp  possible  prejudice  it  may  create  in  the  minds 

of  the  Court.  „         ,,,,         .  ^    ^, 

But  how  can  the  Ciurt  suffer?  Who  gives  to  the 
Court  the  jur.sdiction  to  decide  upon  tlie  moral  cuir- 
ftfter  of  the  counsel  who  may  appear  belbro  them'.' 
WhomaUes  tiieni  thearbite.-s  ofpiiijlic  morality,  or  of 
my  )iro  essional  morality?  What  author. ty  have  they 
under  their  commission  to  rule  meout.  or  any  oiher 
counsel  out,  upon  the  ground  that  he  does  not  recii;?- 
nizothe  v.ilidiiy  of  an  oatli.  even  if  they  believed  if 
Bui  1  iHit  myself  on  no  such  srounds.  I  deem  mysel  . 
in  all  moral  respects,  to  be  the  equal  of  any  meniherof 
this  t  ■  bunal.  They  may  dispose  of  the  question  as 
they  please,  it  will  not  touch  me. 

Response  of  Mr.  Harris. 
The  Court  will  understand    mo  as   not  intending  to 
cast  any  reiloction  upon  the  jieopie  of  Mar.vland  in  re 
gard  to'loyalty  and    morality,  or  in   regard  to  palriol 
ism.    I  am  proud  to  say  that  they  have  a  good  record 
inthisgre.it   contest  through    which  our   country  Jia; 
just  passed.    Whiloit   is  true  of  Maryland.  I  am  sorry 
to  say  it  is  equally  true  of  my  State,  that  many  joined 
th(!  Kebellion.  and  havemade  i'or  themselves  a  terrible 
record.    Bat  tliecircumstancesofihiscasewerera  her 
peculiar.    The  people  of  Maryland  were  about  to  vote 
upon   an   alteration   in  the   fundamental    law  of  the 
State,  upon  the  adopiion  of  a  new  consntution— a  con- 
stitul ion  which  made  some  radical  changes  in  regard 
to  the  soc.als:  a'ns  of  Ihe  i^eople  ol  Maryland. 

Slavery  was  about  to  he  blotted  out,  that  was  the 
pnrpo  e.and  it  is  an  unfortunate  Jact  that  that  jiortion 
oC  Ihepeople  interested  in  the  proposed  cliaiige  were. 
as  a  geieral  thinsf,  the  disloyal  poriion,  and  it  was  in 
reference  to  the  e  feet  which  this  opinion  e.xpressed  hy 
the  honorable  gentleman  in  the  letter  referred  to  had 
upon  that  vote,  and  upon  the  action  of  this  port  ion  of 
the  people,  that  my  objection  was  in  part  founiU  d.  lor 
it  did  seem  as  thon'.,'h  they  understood  it  as  1  did.  In 
regard  to  t!ie  right  of  the  court  to  inquire  into  the 
morals'.andmgof  counsel  we  have  no  such  risht.  but 
theorder  cons'  tutiug  thisCourt  m  dies  provision  lor 
the  prisoners  or  the  accused  having  i  he  a'd  of  counsel. 
The  provisions  in  relereni-e  to  that  matter  is  that 
genllemensliall  exhibit  acertiticate  of  hiving  taken 
tlHf  oatt).  or  shall  take  it  in  presence  of  th3  Court,  and 
thus  the  obiigatioii  of. an  oatlushereaspeciai  que.iti(in. 
If  it  does  not  appear  that  lie  ignores  the  moral  obli 
gaiion.and  we  admit  him,  it  defat.s  the  v 'ry  provi- 
sions of  theorder,  hence  1  think  that  it  is'prO[)er  in  me, 
as  a  member  of  llieCourt,  to  found  an  objection  oi  that 
character  upon  sucii  grounds,  whetuertheoiyeclion  is 
sustained  or  not.  The  gentleman  d.sciaims  any  sncii 
inteniion.butthat  is  a  tacit  ad  mission  thaM  he  hinguago 
ofthatletier  may  liave  been  unguarded,  that  it,  may 
have  liud  :  lie  effect  supposed,  though  it  w. 13  nut  in  ;  c- 
cordanc'Wi  h  the  intention  of  liis  mind  in  wi  itiir.;  it. 
It  is  an  unioriuna'o  thing  il'  hf  wr''te  a  1  trer  so  m  s- 
construed,  but  ifit;  was  not  the  intent  on  of  the  wr  ter, 
that  ofcour.se  must, e.KOiierate  111 m.  He  disavow.s  hav- 
ing any  rulMi  intention,  and  elaiins  for  himself  a  mor.il 
char  icier,  which  he  is  not  ashamed  to  imt  in  compari- 
son with  tliat  of  any  member  of  the  Court. 

Now  it  is  not  m.y  purpose  to  measure  characters  at 
all.  but  .sim!)ly  to  bring  forward  an  objection.  I  felt  it 
my  duly  to  brin;,  and  nothing  else,  an  objection 
founded  on  the  understanding  1  had  of  the  letter  re- 
ferral to.  I  was  sorry  to  have  to  do  it,  but  I  did  it  in 
no  spirit  of  personal  ill  will  or  bad  leeling.  I  was 
sorry  ih  it  it  was  my  duty  to  do  sueh  a  thing,  but  I 
could  not  d  )  anything  el  e  with  the  im  ression  I  had 
on  my  mind,  aiid  he.  as  an  honor.ible  Kenileman,  will 
und.'rstand  whit  I  mean  liy  this.  He  understands, 
too.  what  Ih  !  I'oTO'i  of  consc  enttous  convictions  must 
be,  and  that  if  a  man  acts  from  principle,  this  thing 
will  occasi'inally  impose  upon  him  .some  unpleasant 
duUes.  His  di  avowal  of  any  such  intention  as  I  de- 
rived I'roni  memorv  of  his  hotter  I  am  bound  to  take: 
but  th  s  I  must  insist  upou.that  there  was  some  ground 
for  the  objection. 

Rej>ly  of  IMCr.  Johnson. 

Mr.  President,  one  word  more.  All  I  propose  to  say 
Is  that  the  order  confers  no  authorit,y  to  reiusemo  ad- 
mis-ion.  oil  the  grounds  claimed  by  the  honorable 
member,  because  yon  have  no  authority  to  adminis- 
ter theoaln  tome.  I  have  taken  it  in  the  Senate  of 
the  United  States,  in  the  Circuit  (  ourt  of  my  Stale,  in 
the  Supreme  Court  of  the  United  .states,  and  I  am  a 
practitioner  in  all  thecourts  in  nearly  all  the  States; 
and  it  would  be  a  little  singular  if  one  who  has  a 
right  to  ai) pear  before  the  Supreme  Court  of  the  land, 
aikl  who  belo.ags  to  the  body  that  creates  courts-mar- 
tial, shall  not  have  the  right  to  appear  before 
cou^'s-martial 

M.iior-iieneral  Hunter.— Mr.  Johnson  has  made  an 
inl  uiation  as  to  holding  members  of  the  court  peraon- 
alli'  resiion'~ib'e. 

Mr.  .Johnson— I  made  no  such  intimation,  nor  in- 
tended it. 

Major-tieneral  Hunter— I  shall  say  no  more  than  I 
was  going  10  say.  The  da.v  hid  passed  when  ireenien 
Iromihe  North  were  to  be  bullied  and  insulted  by  the 
humbu  r  chivalry  of  the  South. 

The  Court  liere  took  a  recess  for  half  an  hour,  and 
when  it  returned,  went  into  secret  session,  in  order  to 
deliberate  upon  the  objection  so  lengthily  discussed. 


The  Court  being  reopened.  General  Harris  stated 
that  lie  desired  to  withdraw  his  objection,  as  he  con- 
sidered BIr.  Johnson's  explanation  a  s.itif  factory  re- 
moval of  the  grounds  on  wliich  the  ob'eclion  was 
founded. 

Mr  Johnson  expressed  his  desire  and  willingness  to 
take  the  oath,  but  the  Court  deemed  it  unnecessary, 
and  the  oath  was  not  taken. 

The  Testimony. 

A.  W.  Lee,  being  sworn,  testified  as  follow.s: 
Q.  IJo  you  belong  to  the  police  lorce?    A.  Yes  sir,  to 
the  m.litarv  police. 

Q.  State  wliether  atany  time  you  examined  the  room 
of  Atzeriith,  at  thoKirkwoodllouse.  A.  Yes  sir.  I  was 
ordered  hy  INlajor  O  ileirne  to  go  into  i  he  principal  part 
oftjie  building  and  see  how  thi?  house  was  situated.  I 
made  tiie  (xaminalioii,  and  told  him  one  could  get 
Irom  the  roof  to  a  stairway  in  the  back  of  the  building 
whicii  would  admit  him  into  any  part  of  the  budding. 
I  to.d  the  Maiiir  the  circumstances. 

Q.  When  was  that?  A.  (Here  the  witness  looked  at 
apaper.)  It  w.is  the  night  of  the  l5th  ol  April.  I  then 
went,  and  while  there  a  friend  came  to  mo  and  said 
there  was  a  rather  suspicious  looking  man  who  had 
taken  a  room  tliere  the  d.iy  previous,  and  I  had  better 
go  and  look.  I  went,  and  idund  in  Ihe  reg  ster,  badly 
writien.  the  name  of  Atzcroth— E.  A.  At/.erott- 1 
made  it  out;  but  in  lact  nobody  could  mako  it  out  until 
I  asked  the  proprietor,  and  he  mane  it  out  on  the 
register. 

ti.  Wliere  did  vou  go  after  that?  A.  I  went  up  stairs  to 
the  room,  and  saw  one  of  the  cierks,  and  I  asked  him  to 
go  up  to  the  room  with  me;  found  t.io  door  locked,  and 
he  said  the  party  had  taken  the  key  wall  him;  I  went 
tooneofthe  proprietors  and  ask 'd  if  lie  lia  1  any  ob- 
iections  to  my  goingintotlieroom.iiwecduldiind  akcy 
to  lit  it;  he  said  no,  Init  Ihoiigli  he  tried  his  keys,  we 
could  not  get  in.  I  asked  him  it  we  might  burst  in  the 
door;  he  said  he  had  no  objection,  and  we  burst  the 
diior  open;  when  we  went  in  1  saw  a  coat  hanging  on 
the  wall. 

Colonel  Burnett  here  ordered  a  bundle  to  bo 
pas.sed  to  the  witness.  This  bundle,  on  being 
opened  by  the  Colonel,  was  found  to  be  a  coat, 
rolled  inVhich  were  .sundry  small  articles. 

Witness— Thatcout  was  hanging  upon  the  wall,  just 
in  that  way  as  you  go  in,  on  the  left-hand  side.  That's 
the  coat.  sir. 

Q.  State  what  examination  you  made  of  the  room? 
A.  Well.  I  .saw  that  coat  right  opposite;  th',- bed  stood 
0.1  the  right;  I  went  towards  the  b.'d.  and  underneath 
tlie  pillow  or  bolster  found  a  revolver  bound  with 
brass. 

Here  a  pistol  was  shown  to  witness,  passing 
through  the  hands  of  Mr.  Johnson,  who  re- 
marked, "It  i.s  loaded." 

Witness— I  then  went  down  stairs  to  find  Major 
O'Beirne,  and  we  went  upstairs  to  the  roum  again;  I 
look  the  coat  down  and  found  this  book  and  that  also. 

U.  Ill  the  pockets?    A.  Yes  sir. 

Q.  Look  inside  that  book  and  see  what  was  written 
in  it?  A.  Yes  sir;  there  was  an  acceunt.  too.  on  the 
Ontario  Bank  of  four  hundred  and  tifiy-live  dollars;  I 
then  put  my  hand  in  the  pocket  again  and  Inuiid  this 
handkercliief  with  the  name  ot  Mi  ry  II.  Booth  on  it;  I 
then  pulled  out  this  other  handkerchief,  and  had  some. 
dilKcultyin  making  out  the  mark,  but  1  tnink  it  is  P 
E.  Nelson  or  F.  A.  Nelson  upon  it;  1  (ound  this  hand- 
kerchief with  M.  n.  on  the  corner;  1  got  this  newpair 
ofgauntleis;  I  labeled  all  these  thing's  mysel  i,  and  I 
got  these  three  boxes  of  Colt's  caririd.i;es. 

(i.  Do  they  lit- the  pis;ol?  A.  1  never  loaded  the 
pis  ol.  sir;  1  "don't  know;  1  found  this  piece  of  licorice 
and  this  brush. 

Q.  This  writing  was  in  the  back  of  that  book.  Mr  J. 
Wilkes  Booth,  in  aeeouut  with  the  B. ink  of  Ontario, 
Ibiir  linndred  andfilty  <lol!ars?  A.  Yei.sir;  Itheiigot 
that  81. ur  and  pair  of  socks;  that  is  all  i  got  out  of  the 
pojkets. 

Q.  Do  you  remember  the  number  of  the  room?  A. 
It  was  rojin  12i!.  sir. 

(i.  Was  it  over  where  "Vice-President  Johnson  was  at 
tnat  time? 

The  witness  here  entered  into  an  explanation 
of  the  locality  totally  uninteiligible,  but  upon 
boint;  shown  fi  plan  or  skt^ilch  by  Mr.  lien.  Pitt- 
man,  seemed  to  recoKni/.e  tlie  situation  of  the 
room.  This  plan,  however,  was  not  aUmilted  in 
evidence. 

A.  1  went  around  the  room,  took  up  the  carpets, 
took  out  the  washstand,  moved  the  stove  and  made  a 
thorough  search,  and  then  went  to  the  bed  again,  took 
of  the  clothes  piece  by  piece,  and  after  I  came  down 
underneath  the  sheets  and  mattrasses  1  got  thoso 
bowie  knives. 

Here  a  knife  was  shown  the  witness,  and 
handed  to  the  various  members  of  the  Court. 
It  was  long  and  stylus-shaped,  like  that  used  by 
Booth,  horn  handled  and  sheathed  la  red 
leather. 

Q.  You  did  not  see  him  in  the  room  .yourself?  A.  No 
sir.  he  had  left  the  day  before;  theclerk  who  was  there 
said  he  would  recoguiie  the  man. 


24 


TRIAL   OF   THE   ASSASSINS   AT   WASHINGTON. 


Q.  Go  and  get  him  after  you  have  been  examined, 
with  or  without  a  subpauia;  bring  him.  as  soon  as  you 
can. 

Here  the  examination  in  chief,  which  had 
been  conducted  by  Judge  Holt,  Advocate-Gene- 
ral of  tlie  United  States,  was  closed. 

Cross-e.tanij nation— Q.  What  is  yonr  business?  A. 
Detective  oliicorof  tlie  Board  of  Knrollmont  of  tlie 
District  of  Columbia,  of  which  Major  OBeirne  is  Pro- 
vost Marslial. 

Q.  How  long  have  you  followed  the  business  ?  A.  I 
have  been  in  service  ever  .since  I  left  New  YorKon  the 
commencement  ot  the  war;  I  was  iu  the  Ninety-lifth 
New  Yortc  Volunteers. 

Q.  How  long  have  you  been  a  detective  in  Washing- 
ton? A.  Ever  .since  tlie  burning  oiAquia  Creek;  I  hivd 
been  discharged  as  a  volunteer  from  the  Ninety-liith 
New  York. 

Q.  You  mentioned  a  conversation  with  some  one  in 
relerence  to  a  suspicious  character  at  the  Kirkwood 
House.  Where  did  you  first  see  the  man  who  told  you 
his  name?  A.  I  first  saw  him  in  the  house. 

Q.  Was  he  aclerli?     A.  A  night  watchman,  I  think. 

Q.  What  was  his  precise  language  to  you  ?  A.  He 
said  to  metliere  was  a  suspicious,  bad,  villainous  look- 
ing fellow  came  into  the  place  and  took  a  room,  and 
he  didn'tlike  the  appearance  of  him. 

Q.  When  was  it  that  person  had  come  and  taken  a 
room  ?    A.  I  think  it  wa.s  the  day  before. 

Q.  Can  you  say  for  certain  ?  A.  No  sir ;  I  would  not 
be  posi.ive  about  it;  I  think  to  the  best  of  my  know- 
ledge it  was  the  day  belore. 

Q.  Did  he  describe  his  appearance  to  you?  A.  Yes 
sir,  he  did. 

Q.  Repeat  his  description.  A.  I  don't  think  I  could, 
as  he  described  it  to  me ;  1  don't  recollect;  I  think  he 
said  he  had  a  grey  coaton. 

t).  Have  you  ever  seen,  to  your  knowledge,  Mr.  At- 
neroth?  A.  I  don't  know  that  I  have  ever  seen  hira;  I 
have  seen  most  everybody  knocking  around  about 
Washington;  I  don't  know  as  I  ever  saw  liim  to 
know  him  by  name;  cant  say  that  I  have  or  have 
not. 

Q.  What  first  brought  you  to  the  Kirkwood  House? 
A.  I  wasat  home  eating  my  supper  ;  Mr.  Cunningham 
came  alter  me,  one  ol  our  force:  no,  I  had  gone  out 
after  supper  and  1  think  1  met  him  a  square  Irom  the 
house;  says  he,  you  are  wanted  immediately  at  the 
Kirkwood  House;  I  went,  and  there  was  M.ijor 
O'Beirne:  I  found  men  all  about  there,  detailed  for  duty 
to  protect  the  President,  or  at  that  time  the  Vice  Pre- 
Bident. 

Q.  Describe  the  appearance  of  the  man  who  gave 
you  the  iaibrmation.  A.  The  man  was  al)out  your 
build.  He  may  be  a  little  heavier,  but  about  your 
height. 

Q.  How  old  does  he  look  to  be  ?  A.  Somewhere 
about  j'our  age. 

Q.  What  is  my  age  ?  A.  I  take  you  to  be  about 
thirty. 

Q.  Don't  you  know  his  name?    A.  No  sir.  I  don't. 

Ci.  Now  Will  you  describe  the  relative  position  of 
Johnson  s  room  and  the  room  iu  whicli  you  louud  this 
coat? 

The  witness  here  entered  into  a  series  of  gesti- 
culations and  explanations,  from  which  neither 
court,  counsels  or  roportors  could  derive  any 
understanding  of  his  meaning  or  the  locality 
he  s;)U2;ht  to  describe. 

Q.  Did  you  find  any  signature  of  Atzeroth  in  the 
room?    A.  I  did  not. 

U.  V/hat  made  you  think  it  was  his  room?  A.  Be- 
cause it  said  so  on  the  register.    It  was  No.  12(i. 

Ci.  You  have  no  other  evidence  except  the  register? 
A.  No  sir.    I  don't  know  as  1  have  any  other  eoidence. 

Q.  That  is  all. 

Testimony  of  I^ewis  J.  Weichman. 

Q.  State  to  the  Court  if  you  know  James  II.  Surratt. 
A.  I  do.  1  first  made  his  ac(iuaintance  in  the  fall  ot 
18G2,  iu  St.  Charles  coaiitj'.  Maryland,  or  in  the  fall 
Of  iSj'J,  X  should  say. 

Q.  How  long  were  you  together  then?  A,  Until  1862; 
I  renewed  my  accjuaintaiice  with  him  in  January,  Isu;;. 

Q.  In  this  city?    A.  Yes  sir. 

U.  When  did  you  begin  to  board  at  the  house  of  his 
mother,  the  prisoner  here?  A.  On  the  1st  of  Novem- 
ber, I8i;4. 

Q.  W'here  is  her  house?    A.  On  H  street.  No.  541. 

Q.  See  if  ihat  is  Mrs.  .Surrait  sitting  by  you  there?  A. 
Yes  sir,  that  is  Sirs.  Surratt. 

Q.  W  ill  you  state  wlien  you  first  made  youracqnaint- 
ance  with  Dr.  Mudd.  A.  It  was  on  or  about  the  lOlh  of 
January.  l^>i'">- 

Q.  State  under  what  circumstances.  A.  I  was  pass- 
hig  down  S.^'Venth  street,  witli  Surratt,  and  when 
nearly  opposite  Odd  Fellows'  Hall,  some  one  called 
out,  ".Surratt,  Surratt."  On  looking  around  Surratt 
recogni<ied  an  old  acquaintance  <jf  his,  of  (;barles 
couniy.  Maryland;  he  intro  luccd  Dr.  Miidd  to  me,  and 
Dr.  M.idd  introduced  Mr.  Booth,  who  was  incouijiany 
witli  him,  to  bath  of  us;  they  were  coming  up  Seventh 
street  and  we  were  coming  down. 

Q.  Bv  the  Court.  Do  you  mean  J.  Wilkes  Booth 7  A. 
Y'cs  sir,  J.  Willies  Booth. 


Q.  Where  did  you  goto  then?  A.  He  invited  us  to 
his  room  at  the  National  Hotel. 

ti.  Wlio?  A.  Booth;  he  told  us  to  be  seated,  and 
ordered  segars  and  wine  to  the  room  for  four.  an<l  Dr. 
Mud!  then  went,  out  to  the  passage  and  called  Booth 
out  and  hid  a  private  conversation  with  him.  Booth 
and  the  Doctor  then  came  in  and  called  Surratt  out, 
leaving  me  alone. 

Q.  How  long?    A.  Fifteen  or  twenty  mmuies. 

Q.  Do  you  know  the  nature  of  their  c  uivcrsation  ? 
A.  No;  I  wassiti  Ingon  .a  lounge,  near  the  window; 
they  came  in  at  last,  and  Mudd  came  near  nic  on  the 
settee,  and  apologized  tor  tiielr  private  conversation, 
stating  he  had  private  business  withBooth,  who  wished 
opjro'iase  his  farm. 

ti.  Did  you  see  any  manuscript  of  any  sort  on  the 
table?  A.  No.  Booth  at  one  time  cut  the  b  ick  of  an 
envelone  and  made  inarivs  on  it  with  a  iiencil. 

Q.  Wtis  he  writing  on  it?  A.  I  should  not  consider  it 
writing,  but  marks  alone;  they  were  seated  at  the 
table  ill  the  centre  of  the  room. 

U,  Did  you  see  the  marks?  A.  No  sir;  just  saw 
motion  oi  thepencil;  Boothalsocame  tome  and  apolo- 
gizeil,  and  said  he  wished  to  purcliase  Mudd's  larin  ; 
Mudd  had  previously  stated  to  me  that  he  did  not  care 
to  sell  liis  farm  to  Booth,  as  he  was  not  willing  to  give 
him  enough  lor  it. 

(■i.  You  didn  t  hear  a  word  spoken  between  them  in 
regard  to  the  farm?  A.  Nosir;  I  did  not  know  the 
nature  of  their  conversation  attall. 

Q.  Did  I  understand.you  to  say  that  you  did  not  hear 
any  of  their  con  ver-ation  at  the  table,  but  oiiiy  saw 
the  motion  of  the  pencil?    A.  Ynssr. 

U.  You  continjcd  to  board  at  Mrs.  Surratt's?  A.  I 
boarded  there  up  to  the  time  of  the  a  sasslnatiun. 

Q.  Alter  this  interview  at  the  Nt^tional,  state  whether 
Booth  callt  di'cequently  atMrs.  Surnitt's?    A.  Yes  Sir. 

Q.  Whom  did  he  call  to  see?  A.  He  generally  cal  ed 
for  John  H.  Surratt,  and,  in  his  absence,  caUed  lor 
Mrs.  .Surra;  t 

Q.  Were  those  interviews  held  apart,  or  in  presence 
of  other  persons?  A.  Always  apart:  I  liave  bi  en  in 
company  with  Boothia  the  parlor  with  Surratt,  but 
Booth  has  taken  Surratt  to  a  room  up  stair-;,  iuid  en- 
gage in  private  conversation  up  there;  he  would  say' 
"John,  can  5'ou  spare  me  a  word?  come  up  stairs;"  tliey 
would  go  and  engige  in  private  conversation,  which 
would  la  t  two  or  tnree  hours. 

Q.  Did  the  same  thing  occur  with  Mrs.  Surratt? 
A.  Yes. 

Q,.  Have  you  ever  seen  the  prisoner  Atzeroth?  A.  I 
have  sir. 

Q.  Do  you  recognize  him  here?  A.  Yes  sir;  that  is  he. 

Q.  Have  you  ever  seen  him  at  Mrs.  Surratt's?  A.  He 
came  there  about  three  weeks  alter  I  formed  the  ac- 
quaint nice  ol'  Bootii. 

Q.  Who  did  he  inquire  for?  A.  For  Mr.  Surratt, 
John  II. 

Q.  Did  you  ever  see  him  w'th  Booth  there,  or  only 
withSurrati?  A.  I  have  never  seen  him  in  the  house 
with  Booth. 

Q.  How  often  did  he  call?  A.  Some  ten  or  fifteen 
times. 

Q.  What  was  the  name  by  which  he  was  known  by 
the  young  ladies  or  tlie  house?  A.  They  understood 
that  he  came  from  Port  Tobacco,  and  instead  of  caKing 
him  hy  his  own  name,  they  gave  him  the  nickname  of 
Port  Tobacco. 

Q.  Did  you  ever  see  him  on  the  street  ?  A.  Y'es  sir. 
I  have  me  t  him  on  ihe  corner  of  weventh  and  Penn- 
sylvania avenue;  it  was  about  the  time  Booth  played 
Pescara,  in  tlie  Apostate;  Booth  had  given  .Surratttwo 
complimentary  liekets,  on  that  occasion,  and  we  went 
down  and  met  Atzeroth;  we  told  him  where  we  were 
going,  and  he  sa  d  he  was  going  too,  and  at  the  theatre 
we  iiiei  David  C.  Harold. 

Q.  Do  you  know  Harold?  Do  you  see  him  here? 
A.  Yes  sir. 

Here  Harold  bent  forward,  and  laughingly 
inclined  toward  the  witness. 

Witness— We  also  met  another  gentleman  there, 
named  llollahan,  who  stopped  in  the  house;  wo  met 
him  in  I  he  theatre,  and  we  remained  until  the  j)  lay  was 
over,  and  the  live  of  us  leit  together  and  went  to/eilier 
as  far  as  the  corner  ot  Tenth  and  E  streets,  but  on 
turning  around  Surratt  noticed  that  Atzeroth  and 
Harold  were  not  following,  and  I  went  and  found 
them  in  the  restaurant  adjoining  the  theatre,  t.'ilking 
conlldentially  with  Jlootli;  on  my  approaching  they 
separated,  and  then  we  took  a  drink,  and  there  was  a 
gentleman  there!  whose  face  1  remember;  we  left  and 
jo  lied  the  other  two  gentlemen,  and  went  to  another 
restaurant  to  have  some  oysters. 

Q.  Do  you  know  where  Surratt  left  his  horses  in  this 
city?  A.  He  .stated  to  me  th;:t  he  had  two  horses,  and 
that  he  kept  them  at  Howard's  stable,  on  O  street,  be- 
tween ^  i.xtn  and  Seventh. 

Q.  Hid  yon  ever  see  Atzeroth  there?  A.  Yes,  sir,  on 
the  day  of  the  assassination. 

Q.  Wliattime  wash?  A,  About  half-past  two  o'clock. 

Q.  What  was  he  doing?  A.  He  seemed  to  be  hiring 
a  horse;  I  had  been  sent  by  Sirs.  Surratt  to  hire  a 
buggy:  when  1  got  there  I  saw  Atzeroth,  and  asked 
what  he  wcntrd;  ho  said  he  wanted  to  hire  a  horse:  he 
asUecl  Brooks  i'  he  could  have  a  horse,  and  he  told  him 
he  could  not;  then  we  left,  and  both  of  us  went  as  far  aa 


TRIAL   OF   THE   ASSASSINS  AT   WASHINGTOA. 


25 


the  Post  Office:  I  bad  a  letter  to  draw  out.  and  alter 
that  he  went  oil" towards  Tenth  street. 

Q.  Was  this  horse  that  was  kept  there  Surratt  s  or 
Eooth'.s?  A.  X  will  state  that  on  the  Tuesday  previous 
to  the  assassination  1  was  also  sent  to  the  National 
Hotel  to  see  Booth,  and  get  his  bugsy  for  Mrs.  Sur- 
ratt. Slie  wished  me  to  drive  her  into  tiie  country. 
Booth  said  he  had  sold  his  bugsy,  but  he  would  give 
me  ten  oolhirs.  and  I  should  hire  a  buggy  lor  Mrs.  Sur- 
ratt. and  spol^e  of  tlie  horses  he  kept  at  Brooks'  stables. 
I  then  said  they  were  Surratts;  he  said  they  "  were 
mine." 

Q.  IJid  Booth  give  you  ten  dollars?    A,  Yes, sir. 

Q.  Did  you  drive  lier  out?    A.  Yes,  s  r. 

Q.  To  w!:at  V  oint?  A.  To  Surrattsville;  we  lettat  ten 
and  reached  tuere  at  twelve;  that  was  on  Tuesday,  the 
lltli. 

Q.  Did  vou  return  that  dav?  A.  Yes  sir;  we  only 
remained  half  an  hour;  Mrs.  Surratt  sa  d  she  went  tor 
the  purpose  of  seeing  Mrs.  Nothy,  who  owed  her 
money.  ,     ^ 

Q.  You  continued  to  board  at  Mrs.  Surratt'.s?  A.  I 
boarded  there  up  to  the  time  of  the  assassination. 

Q.  Alter  the  interview  at  the  National,  statewhether 
Booth  called  fre  luently  atMrs.  Surratt's.    A.  Yessir. 

t>>.  Wliom  did  ho  call  to  see?  A.  lie  generally  called 
for  John  11.  Surratt,  and  in  his  absence  called  lor  fllrs. 
Surratt. 

Q.  Were  these  interviews  held  apart  or  in  presence? 
A.  Always  apart;  I  have  been  in  company  witli  Booth 
In  the  parlor,  with  Surratt,  but  Bootli  has  taken  Sur- 
ratt to  a  room  up  stairs  and  enga'^ed  in  private  conver- 
sation up  there;  he  would  say.  ''John,  can  you  spare  a 
word?— come  up  stairs."  They  would  go  and  engage  in 
private  conversation,  which  would  last  two  or  three 
hours. 

Q.  Did  the  same  thing  ever  occur  with  Mrs.  Surratt? 
A.  Yes,  sir. 

Q.  Have  you  everseen  the  prisoner  Atzeroth?  A.  I 
have,  sir. 

Q,  Do  vou  recognize  him  here?     Yes,  sir,  that  is  he. 

Q.  State  whether  on  the  following  Friday,  that  is  the 
day  ot  the  assassination,  you  drove  Mrs.  surratt  into 
the  country?    A.  Yessir. 

Q.  Where  did  you  drive  to?  A.  To  Surrattsville;  we 
arrived  thereabout  hali-past  tour. 

Q.  Did  she  stop  at  the  house  ot  Mr.  Lloyds?  A.  Yes 
sir;  she  went  into  the  parlor. 

Q.  AVyiat  time  did  you  have  to  return?  A.  About 
haU'-papsi.x. 

Q.  Can  y<Ki  go  down  there  in  two  hours?  A.  When  the 
roads  are  good  you  could  easily  get  down  there  in  two 
hours. 

Q.  State  whether  you  remember,  some  time  in  the 
month  of  March,  a  man  calling  at  Mrs.  Sun  att's,  and 

fiving  himself  the  name  of  Wood,  and  imiuiring  lor 
ohn  II.  Surratt?  A.  Yes,  I  opened  the  door  for  him. 
He  asked  ir  Mr.  Surratt  was  ui;  I  tuld  him  no,  but  I 
introduced  him  to  the  family;  he  had  then  expressed  a 
wish  t )  .see  Mrs.  surratt, 

Q.  Do  you  recognize  him  here?  A.  Yes,  sir;  that's 
he;  thai's  tlie  man  Payne;hecalledhimself  Wuodthen. 

ci.  How  long  did  he  remain  wirti  Mrs.  Surratt.  A. 
He  stoiMJed  in  the  house  ail  nijiit,  and  had  supixT 
served  up  to  him  in  my  room;  they  brought  him  sup- 
per from  the  kitchen. 

Q.  Wi.en  was  that?  A.  Asnearly  as  I  can  recolleet,  it 
was  about  eight  weeks  previous  to  ihe  assassination.  I 
have  no  exact  knowledge  of  thedate. 

Q.  Did  he  bring  apackage?    A.  No,  sir. 

Q.  How  was  lie  dre  sed?  A.  lie  had  a  black  over- 
coat on  and  a  black  frock  coat  with  grey  pauts  at  the 
time. 

Q.  Did  he  remain  till  the  next  morning?  A.  Yes;  he 
left  in  till."  earliest  train  lor  Baltimore. 

U.  Do  you  remeni'jer  whether,  some  weeks  after, 
the  same  man  called  again?  A.  Yes.  I  should 
think  it  was  about  three  weeks,  and  1  again  went 
to  the  door.  1  then  showed  hr.n  into  the  parlor,  and 
again  asked  his  name.  That  time  he  gave  the  name 
of  Payne. 

Q.  Did  he  then  have  an  interview  with  Mrs.  Surratt? 
A.  Miss  Fitzpatrick,  myseli  and  Mrs.  Surratt  were  pre- 
sent; he  remained  about  three  days,  and  rejirescnled 
himself  to  be  a  Baptist  i)reacher;  he  said  he  had  been 
in  Baltimore  about  a  weel^,  had  taken  the  oath  of  alle- 
giance, anil  was  going  to  become  a  good  loyal  cit.z;n. 

Q.  Did  you  hear  any  e.xnlanation  why  he  suid  he  was 
a  Baptist  minister?  A.  Nii;  Miss  Surratt  said  he  was  a 
queer-  looking  Baptist  jireacher. 

Q.  Did  iheyseem  to  recognize  him  as  the  Wood  of 
former  day.s?  A.  Yes,  sir;  in  conversation  one  of  the 
ladies  called  him  Woods,  and  then  1  recollected  that 
on  his  pre\  ions  visit  he  had  given  the  name  of  Wood. 

Q.  How  was  he  dressed  then?  A.  In  a  complete  suit 
of  grey. 

Q.  Did  he  have  any  baggage?  A.  Yes  sir;  he  had  a 
linen  coat  and  two  linen  shirts. 

Q.  Did  you  observe  any  trace  of  disguise  or  prepara- 
tions for  disguises?  A.  One  day  I  lound  a  Jalse  mous- 
tache on  the  table  in  my  room;  I  threw  it  into  a  little 
toilet  bo.\,  and  Payne  searched  lor  it  and  inquirad  for 
his  moustache;  I  was  sitting  in  the  chair  and  did  not 
say  anything;  I  retained  it  ever  since;  it  was  found  in 
my  baggage  araong  a  box  of  paints  1  had  in  mv  trunk. 

Q,  Did  you  see  liiiu  and  Surratt  together  by  them- 


selves? A.  Yes;  it  was  on  the  same  day;  I  went  to  tha 
third  story  and  lound  them  silting  on  a  bed  playing 
with  bovvie  knives. 

Q.  Did  you  see  any  other  weapons?  A.  Yes,  sir. 
Two  revolvers  and  lour  sets  of  new  spurs. 

llere  the  witness  was  shown  aspir  and  identified  it 
as  one  of  tho^e  he  had  then  seen,  saying.  "  Yes,  these 
are  the  spurs,  three  ot  tho  e  were  in  my  room." 

Q.  By  the  Court.  That  isthesixir  found  in  Atzeroth's 
room  ? 

The  witness  was  then  shown  the  knife  which  had 
been  ilentified  by  IMr.  Lee  as  the  one  lound  in  Atze- 
roth's room.  But  witness  stated  that  he  did  not  re- 
coirnize  it,  and  that  the  knife  that  Payne  had  on  the 
bed  was  a  smaller  one. 

Q.  They  had  abraceofpistols,  did  yousay?  A.  They 
had  two  ioiig  navy  revolvers. 

Here  the  witness  was  shown  the  pistol  pro- 
duced during  Lee's  oxaininatiou  and  said  "tltat 
looks  like  one  of  them." 

(J.  Was  the  barrel  round  or  octagonal?  A.  Octa- 
gonal. 

U.  Doyou  remember  having  gonewith  Surratt  to  the 
llerndo'n  House  to  hire  a  room?    A.  Yes,  sir. 

t^.  Wl'iat  time  was  that?  A.  It  must  have  been  the 
19th  of  March. 

Q.  For  whom  did  he  wish  to  rent  this  room?  A. 
Well,  he  went  and  inquired  lor  Mrs.  iMary  Murray,  and 
when  she  came,  he  had  apii\  ale  interview  with  her,  but 
said  that  she  did  not  S"em  to  comprehend,  though  he 
ihinght  thatiiMiJS  Waid  had  spoken  to  her  already 
on  the  subject,  and  he  said  to  Mrs.  Murray,  Miss  Ward 
may  havesjiokeii  to  you  about  the  mailer  of  hiring  a 
nK.in  for  a  ('e:'ca"e  gentleman,  and  Mr.  Siirrptt  added 
he  would  like  to  have  the  room  by  the  following  Mon- 
dav,  as  the  gentleman  wanted  to  take  posse;  sion  on 
that  day;  I  tiiiiik  that  was  the  Monday  previous;  it  was 
the27thofM:irch. 

Q.  Tiie  name  of  the  person  was  not  given?  A.  No, 
s:r,  no  name  w   s  mentioned  at  all, 

U.  Did  you  afterwards  learn  that  Payne  was  at  that 
house?  A.  Yes,  sir.  I  met  Atzeroth  on  the  street, 
and  asked  him  where  he  was  going?  He  staled  that 
he  was  going  tosee  I'ayne.  tasked  him,  is  it  Payne 
that  is  it  the  Herndon  House,  and  he  said  ye.s. 

tj.  Did  y.  u  evermeet  Harold  atSurratts  ?    A.  Once. 

Q.  Where  el  .e  did  you  see  him?  A.I  met  him  on 
the  occasion  of  the  visit  to  the  theatre,  when  Bootti 
plavi  d  "Piscara;"  also,  atMrs.  surratt's,  int.e  Spring 
of  I'siiii,  when  I  tirst-made  her  acquaintance;  he  was 
th"re  with  some  musicians  who  were  serenading  some 
county  officers  after  an  election;  1  next  met  him  in 
ISW,  at  church;  these  are  t.ie  only  times  I  recollect. 

Q.  Do  >  ou  know  eitner  of  the  prisoners.  Arnold  or 
Laughlin?    A.  No, sir. 

U.  What  knowledge,  if  any,  have  you  of  Surratt's 
having  gone  to  Jlichmond.  A'.  .\l)0ut  the  23d  ot  March 
—no.  it  was  the  17th.  There  was  a  woman  named  Sla- 
der  came  to  the  house:  she  went  to  Canada  and  re- 
turned on  Saturday,  the  2:!d  of  March.  Mr.  Surratt 
drove  her  into  the  countr3',  about  eight  o'clock  in  the 
morning,  and  I  understood  that  he  had  gone  to  Kich- 
luond  with  ISIrs.  Slader.  This  Mrs.  Slader  was  to  meet 
a  man  named  Howe,  but  this  man  was  captured  and 
could  not  take  her. 

Q.  .She  was  a  blockade  runner  ?  A.  Yes,  sir.  or  the 
bearer  of  despatches. 

Q.  Dd  Mrs.  Surratt  tell  j'ou  so?    A.  Yes,  sir. 

Q.  Wiien  did  he  return?  A.  He  returned  on  the 
thiid  oi' April. 

il.  Do  you  know  of  his  having  brought  any  gold  with 
him?  A.  Yes,  he  had  some  nine  or  eli'ven  twenty 
dollar  gold  pieces,  and  he  had  some  greenbacks,  about 
fiity  dollars;  he  gave  forty  dollars  in  gold  to  Mr. 
Ilollllian,  and  Mr.  ll'ilUlian  gave  him  sixty  dollars  la 
gi-eeiibacl;s;  he  remained  in  the  house  about  an  hour, 
anil  told  melie  wa.s  g  ing  to  Montrtal;  I'.e  asked  me. 
Iiowevor,  to  go  anil  taki' some  oysters  wi;h  liim,  and 
wowentdown  to  the  corner  of  Seventh  street  and 
Peiinsx  Ivaiiia  avenue,  and  took  some  oysters. 

tj.  And  he  left?  A.  Yes,  he  lelt  that  evening,  and 
since  that  time  1  have  not  seen  him. 

tJ.  Ilaveycusecn  any  lolterlrom  him?  A.  Yes.Isaw 
a  letter  to  his  mother,  daled  April  12tli;  it  was  received 
hereon  the  llth,I  alsos  ;w  another  written  to  Miss 
W'ard,  I  did  not  see  thedate,  hut  the  receipt  of  the  letter 
was  prior  to  the  one  of  his  mother, 

d.  Did  iie  have  any  con\ersation  with  you,  as  he 
passed  ihrough.  about  the  fall  of  Richmond?  A.  Yes, 
he  to'd  me  he  did  not  believe  it;  lie  said  he  had  seen 
iienjamin  and  Davis,  and  they  had  told  him  that  it 
would  not  be  evacuated,  and  he  seemed  to  be  incredu- 
lous. 

Q.  Have  you  been  to  Canada  since?    A.  Yes,  sir. 

Ci.  Mhat  liid  you  there  loarn  of  Surratt?  A.  That  he 
had  arrived  at  Jlontreal  on  the  Cth,  and  returned  for 
the  Stall  s  on  the  12th,  returning  again  on  the  ISth,  and 
engiigi'igroonis  attheSt.  Lawrence  Hotel.  Hele.'tthe 
St.  Ijawrenco  that  night  at  half-past  ten.  He  was  seen 
to  leave  thi;  house  of  a  Mr.  Eutterlield,  in  company 
with  three  others,  in  .-i  wagon. 

Objected  to,  and  the  statement  not  insisted  on 
as  a  rart  of  the  record. 

Q.  Doyou  remember  earlier  in  April  that  Mrs.  Sur 
rati  sent  lor  you,  and  asked  you  to  give  Mr.  Booth  no 
tice  that  she  wished  to  see  him?    A.  Yes,  sir. 


26 


TRIAL   OF  THE   ASSASSINS  AT  WASHINGTON". 


Q.  What  was  the  message?  A.  Merely  that  she 
wished  10  see  him. 

Q.  Did  slio  say  on  private  husiness.oruse  any  expres- 
Bion  ot'that  kind?    A.  Yes  sir. 

Q.  Did  vrni  deliver  the  messapre?    A.  I  did. 

Q.  Wliat  did  Bnotli  say?  A.  He  said  lie  would  come 
to  the  house  imnitdiately,  or  iis  soon  as  he  cuuld. 

Q.  What  umc'Was  this?  A.  Some  lime  in  April:  it 
V?as  the  sEcond;  vvlipushe  sent  me  1  found  rn  Booth's 
room  Mr.  McCoUom,  the  actor;  I  commun  cated  to 
Booth  her  desire,  and  he  did  comem  the  evening  of  the 
2d. 

Q.  State  whether  he  called  on  the  evening  of  the  Hth 
of  April,  the  day  of  the  assassination?  A.  Yes,  sir: 
about  haU-past  two. o'clock,  when  1  was  going  out  at 
the  door  I  met  Mrs.  Surratt,  speaking  to  Booth. 

Q.  Were  they  aloue?  a.  Yes,  sir;  they  were  alona 
in  the  pari  ir. 

Q.  How  long  was  it  after  that  when  you  started  for 
the  country?  A.  He  didn't  remain  more  than  three 
or  lour  minutes. 

Q.  And  immediately  after  that  you  set  out  for  the 
countrv?    A.  Yes,  sir. 

This  exiiiniiuvtioQ  in  chief,  like  the  preceding 
one,  was  conducted  by  General  Holt,  Judge 
Advocate  of  the  United  States. 

Cross  examination  b.v  Heverd.v  Johnson:— 

Q.  IIow  long  have  you  been  at  Mrs.  Surratt's? 
A.  Since  December,  IsG-i ;  Mrs.  Surratt  at  tuat  time  had 
moved  to  the  city  irom  the  country;  she  had  rented 
her  farm. 

Q.  Did  you  ever  live  with  her  in  the  country?  A.  J«o, 
Sir;  but  1  had  visited  her. 

Q.  You  knew  her  very  well  at  that  time?  A.  Not 
very  well:  I  made  her  acquaintance  through  her  son, 
Who  was  a  scliool-mate  of  mine:  I  sometimes  went 
there,  and  always  e.xperienced  kindness  and  courtesy. 

Q.  Wiiat  sort  of  a  house  had  she  in  the  city  here? 
A.  It  contained  eight  rooms— si.x  large  and  two  small. 

Q.  Was  she  in  the  habit  of  renting  her  rooms  out? 
A    ^'^ps  sir. 

Q.  Did  siie  furnish  board,  as  well  as  rooms?  A.  Y'es 
Bir. 

Q.  Did  you  say  that  youngSurratt  told  you  in  April 
he  was  go. ng  to  Montreal;  did  ysu  ever  know  him  to 
go  there  betbre?  A.  No  sir;  he  was  there  in  the  win- 
ter of  1SU4  and  1S6-5;  sometimes  at  home  and  sometimes 
not;  during  the  winter  of  lS(i4,  especially  during  No- 
vember, he  was  in  the  country  most  of  the  time:  his 
Stay  at  homo  was  not  permanent;  he  was  sometimes 
aw'av  for  three  or  four  weeks. 

Q."During  the  winter,  was  belong  enough  away  to 
have  been  in  (;anadawitliout  your  knowing  it?  A.  Yes, 
sir.  He  could  have  gone  but  not  returned  to  the  house 
without  my  knowledge. 

Q.  Have  you  any  knowledge  that  he  was  then  in 
C&ns.dii'*    A.  No  sir. 

Q.  Were  you  on  intimate  terms  with  him?  A.  Very 
intimate,  indeed. 

Q.  Did  he  ever  acknowledge  to  you  any  purpose  to 
assassinate  the  President?  A.  No  sir,  he  stated  to  me 
and  to  Ins  sister,  ihat  he  was  going  to  Kurope  on  a  cot- 
ton siieculution;  he  said  he  had  had  three  thousand 
dollars  advanced  lo  him  by  a  gentleman;  that  he  would 

fo  to  Liverpool,  thence  to  Nassau,  and  Irom  there  to 
latamoros,  to  lind  his  brother,  who  was  iu  the  Rebel 
army— in  Magruder'sarmy. 

Q.  Did  he  go  to  Te.\as  bcl'urethe  Bebellion— the  bro- 
ther 1  mean.  A.  I  don't  know;  never  saw  the  bro- 
ther. 

Q.  Were  j'ou  in  the  habit  of  seeing  young  Surratt  al- 
most every  day.  A.  Yes  sir.  He  would  be  seated  at 
the  same  table,  We  occupied  the  same  room.  He 
Slept  with  me. 

Q.  Dur.ng  the  whole  of  that  period  you  never  heard 
him  intimate  it  was  his  intention  to  assassinate  the 
President?    A.  No  sir. 

Q.  Did  yon  see  anything  that  led  you  to  believe? 

Question  was  objected  to  by  Colonel  Burnett, 
Assistant  Judge  Advocate,  and  was  waived  by 
Mr.  Johnson. 

Q.  You  never  heard  him  or  anybody  else  say  any- 
thing about  it  from  the  month  of  November  to  tlie 
time  of  the  asvassi nation?  A.  No  sir:  he  said  once 
he  was  going  with  Booth  to  be  an  actor,  and  he  said  he 
was  going  to  Itichmond;  he  was  W'ell  educated,  and 
was  a  student  of  divinity. 

Q.  Were  you  a  student  with  him  ?  A.  Yes  sir;  I 
was  in  the  (Jollege  one  year  longer  than  he. 

Q.  During  that  period  what  was  his  character?  A. 
It  was  excellent;  when  he  left  he  shed  tears,  and  the 
Kuperoir  told  him  he  would  always  be  remembered  by 
those  who  had  charge  of  the  Institution. 

Q.  When  did  you  first  drive  into  the  country  with 
Mrs.  Surratt?  A.  The  first  occasion  was  on  tue  11th 
of  April. 

Q.  Did  she  tell  you  what  her  object  was  in  going?  A. 
She  said  to  see  Noiliy,  who  owud  her  some  mo.iey  and 
the  interest  on  it  for  thirteen  years. 

Q.  Is  there  such  a  man?    A.  Yesisir.  there  is. 

Q.  Do  you  know  whether  she  then  saw  him?  A 
"When  we  arrived  at  the  village  Mr.  Nothy  was  not 
there  and  she  told  the  bar-keeper  to  send  a  messenger 
for  him,  and  he  sent  one;  in  the  meaniime  we  went  to 
Captain  Uwyuue's  house;  remained  there  two  hours 


and  took  dinner;  he  said  he  would  like  to  return  with 
us,  and  he  did,  to  Surratisviile;  on  returning  we  found 
Nothy  and  she  transacted  her  busiticss  with  him. 

Q.  i),d  yon  know  the  man?  A.  No;  Mr.  Nott,  the 
bark'.'eper,  said  he  was  in  the  parlor;  I  didn't  go  in. 

U.  Slate  wliat  her  purpose  was  in  the  second  visit. 
A.  She  said  she  had  received  a  letter  iu  regard  to  this 
mone.v  due  her  by  Mr.  Nothy. 

Q.  Was  the  letter  of  the  same  date?  A.  Yes.  and  she 
stated  she  was  compelled  a-;aiu  to  go  to  the  country, 
and  asked  me  to  drive  her  down,  and  I  consented. 

Q.  Did  .von  see  the  letter?    A.  No— no,  sir;  she  said 
that  she  had  received  it,  and  that  it  required  her  to  go 
to  Surrattsviiie;  Ihai's  all  I  know. 
Q.  Did  yi  u  go  in  abuiigy  ?    A.  Yes  sir. 
Q.  Any  one  else  go  with  you  ?    A.  No  one  but  I  and 
her  went. 

Q.  Did  .she  take  anything  with  her?  A.  Only  two 
packaires,  one  with  letters  concerning  her  estaie,  and 
a  smaller  package,  about  si.x  inches  in  diameter;  it 
looked  Lke  two  or  tiree  saucers  wrapped  in  brown 
paper:  this  was  put  iu  the  bottom  of  the  buggy,  and 
taken  out  when  we  got  to  Surratisviile. 
Q.  How  lon4  d  a  you  remain  ?  A.  Till  half-past  six, 
Q.  Whafiime  did  you  reach  home?  A.  About  halt- 
past  nine  or  ten. 

Q.  When  did  you  hear,  or  did  you  hear  of  the  ssassi- 
natiou  of  the  President  or  the  attack  on  secretary  fi^ew- 
ard?  A.  I  heard  it  at  three  o'clock  on  Saturday  morn- 
ing. 

Q.  Who  came  to  the   house  within   the  period  from 
your  return  to  the  time  you  heard  of  the  assassination 
oi  the  President?    A.  There  was  some  one  rang  the 
hell,  but  who  it  was  I  don  t  know. 
Q,  Was  the  hell  answered?    A.  Yes  sir. 
y.  Bv  whom?    A.  By  Mrs.  Surratt. 
Q.  \\"as  there  any  one   at  the  door?    A.  Yes  sir;  1 
heard  footsteps  going  into  the  parlor,  and  immediately 
going  out. 

Q.  How  long  was  that  after  you  got  back?   A.  About 
ten  minutes:  I  was  taking  supper. 
Q.  That  was  beiore  ten  o'c.ock?    A.  Yes  sir. 
Q.  '1  hen  it  was  heiore  the  time  ot  the  assassination, 
which  is  said  to  have  been  about  ten  o'clock?    A.  Yes, 
sir. 

Q.  Had  persons  been  in  the  habit  of  coming  for  rooms 
to  the  house?  A.  Yes;  coming  irom  tue  country  iney 
would  stop  at  the  house;  she  had  many  acquaintances 
and  was  always  very  hosintable,  and  they  ^ild  get 
rooms  as  Icjiig  as  they  chose.  ^m 

(J.  DidAizeroth  lake  a  room?    A.  Atzeroth,  to  my 
knowledge.  Slopped  m  the  hourebutoiie  night. 
U.  Did  lie  lake  a  room?    A.   Not  Uiat  I  know  of. 
Q.  What  room  did  he  sleep  iu?    A.  Va  the   third 
story. 
Q.  Then  he  had  a  room  there  that  night?    A.  Y'es. 
Q.  Did  he  leave  next  day?    A.  \  es. 
Q.  You  saw  P.uiie  yourself  when  he  came  to  the 
house?    Yes  sir;  the  hrst  time  he  gave  tlie  name  of 
Wtod;  I  went  to  the  door,  and  opened  it,  and  he  said 
he  would  like  to  si  e  Mrs.  Surratt. 

(J.  What  was  h.s  appearance,  genteel?  A.  Yes,  he 
had  on  a  lo;  g  black  I  Oil.  and  went  into  the  parlor:  he 
acted  very  poute.j-;  asked  Mrs.  Surratt  to  play  on  the 
piano  lor  him. 

U.  Do  you  know  why  Atzeroth  left  the  house?  A. 
No  sir. 

Q.  Was  there  anv  drinking  in  the  house  at  the  time 
that  Atzeroth  wa"s  there?  A.  Yes  sir;  in  Februaiy 
ti. ere  was  a  man  there  named  Harlaud;  .!ohn  surratt 
had  been  ill  the  country,  and  had  reiurned  tnal  even- 
ing; he  slept  that  nigiit  with  Howe. 

Ct.  Was  ibere  any  drinking  in  the  room  occupied  by 
Atzerotii?    A.  Yes. 
Q.  Wai  he  noisy?    A.  No  sir. 

Q.  Have  you  any  knowledge  that  he  was  told  that  he 
could  stop  there  no  longer?    A.  No. 

Q.  Dill  he  have  there  next  day?  A.  Yes  sir;  his 
l?aving  wasowingtothe  arrival  ot  Surratt;  hesaid  he 
wanted  to  see  John,  and  having  seen  liim,  be  kit;  I 
heard  them  a  lei  wards  say  they  did  not  care  to  have 
him  brought  to  the  house. 

Q.  Wnat   reason   did   they  give  for  that?    A.  Mrs 

Surratt  said   she   did    not  <  are  to  have    such  sticks 

brought  lo  the  house:   they  were  no  company  for  her. 

Q.  He  d.d  not  come  any  more?    A.  Not  since  theid 

of  April. 

Q.  \' on  say  you  found  upon  your  own  table  a  false 
moustache;  what  was  the  color  01  the  hair?  A, 
Black.  .      , 

Q.  Was  it  large?    A.  About  medium  sized. 
CI.  This  yon  put  into  your  ow  n  box  ?    A.  Yes,  in  a 
toilet  box  and  aitcrwards  iu  a  box  of  paints;   it  was 
lound  in  my  baguagp.  ,.     u    ,      ,■        r 

ti.  When  he  came  hom?  he  seemed  to  bo  looking  for 
it?    A.  Yes,  he  said  ••  \V  here  is  my  moustache?' 

Q.  Why  d'd  you  not  give  it  lo  him?  A.  I  suspected, 
I  thoiigiri  it  queer. 

Q.  But  you  locked  it  up?  A.  Yes,  I  didu't  like  to 
have  it  seen  in  my  room. 

Q.  But  you  could  have  got  it  oat  of  your  room  by 
giving  it  to  him  wlien  he  asked  (or  it?  A.  I  thouglit 
no  honest  person  had  a  reason  to  wear  a  false  mous- 
tache. I  took  it  and  exhibited  it  to  some  of  the  clt^rks 
iu  the  ollice.  I  put  it  on  with  specs,  and  was  making 
fun  with  iU 


TRIAL  OF  THE   ASSASSINS  AT  WASHINGTON". 


2t 


Q  Can  vou  de'scribe  to  the  court  youui;  Siirratis 
height  and  general  appearance?  A.  He  is  ahout  six 
feet:  prominent  forehead  and  very  large  nose;  his  eyes 
are  snnk:  he  lias  a  goatee  and  very  long  hair,  black. 

Q.  Do  you  recollect  how  he  was  dressed  wlieii  he 
said  he  was  going  awav  ?  A.  He  had  cream  colored 
pants,  grey  frork  coat  and  grey  vest,  and  had  a  shawl 
thrown  over  hiiii. 

Q.  One  of  those  scotch  shawls  ?  One  of  those  plaid 
shawl;. 

Q.  When  he  returned  from  Richmond  you  say  he 
had  in  his  possession  twenty  gold  pieces?  A.  No,  sir; 
I  say  nineoreleven  twenty-dollar  gold  pieces. 

Q."l)id  he  tell  vou  where  he  got  ihem?    A.  No. 

Q.  Ilesaid  he  had  seen  Davisand  Benjamin;  did  you 
understand,  bv  Benjamin,  tl:e  person  who  actod  as 
Secretary  of  State  ior  the  Rebel  Confederacy?  A.  All 
I  know  is.  he  said  lie  saw  Davis  and  Benjamin,  and 
that  Richmond  would  not  be  evacuated. 

Q.  You  didn't  ask  him.  n<ir  did  he  voluntarily  tell 
you  where  he  got  that  money?    A.  No,  sir. 

Q.  Give  the  date  of  the  letter  his  mother  received 
from  him  since  he  lefi.  A.  It  was  dated  Montreal, 
April  l2tli,  and  was  received  here  April  Uih. 

Q.  IIow  d  d  vou  become  acquainted  with  the  date  of 
the  letter;  bv  the  postmark?  A.  By  the  heading  o 
the  letter:  the  letter  was  written  in  general  terms;  it 
stated  that  he  was  much  pleased  with  the  Catholic 
Cathedral,  and  that  he  hud  bought  a  J'reiich  i.ea- 
jacket  and  laid  ten  dollars  lor  it.  but  that  board  was 
toohighat  the  St.  Lawrence  Hotel  (two  dollars  a  day 
in  gold),  and  that  he  wou.dgoto  a  private  boarding 
house,  or  to  Toronto. 

Q.  How  was  the  letter  signed  ?  A.  John  Harrison; 
his  name  is  John  Harrison  anrratt. 

Q.  Was  the  handwriting  disguised?  A.  It  was  un- 
usually good  for  him. 

Q.  Unusually  good,  but  not  disguised?  You  knew  it 
at  once,  didn't  you?  A.  Ves.  and  I  remarked  to  Mrs. 
Surratt.  John  is  improving  in  his  writing. 

Q.  Do  you  know  anything  about  the  letter  that  was 
received  by  Miss  Ward  ?  A.  I  only  know  that  a  letter 
was  received  by  her. 

Q.  Who  is  Miss  Ward?  A.  A  teacher  in  the  school 
on  Tenth  street. 

Q.  What  was  the  date  oFthe  letter?  A.  I  did  not  see 
that  letter,  Sir.  1  was  merely  told  that  she  received  a 
letter,  and  came  to  the  house. 

Q.  Dii  the  letter  go  to  her  directly,  or  through  any 
other  person?  A,  I  understand  it  went  directly  to  her, 
and  was  received  in  the  usual  course. 

Q.  Do  you  know  what  that  letter  was  about?  A.  No 
sir;  I  merely  heard  Mrs.  Surratt  say  that  Miss  Annie 
Ward  had  received  a  letter  Irum  John,  What  it  was 
about  I  don't  know. 

Q.  You  have  known  Mrs.  Surratt  since  November? 
A.  I  have  known  her  since  the  spring  ot  1S6:!. 

Q.  And  have  been  living  there  since  November?  A- 
Ves. 

Q.  What  has  been  her  character  since  that  time?  A. 
Her  character  was  exemplary  and  ladylike  in  every 
particular. 

Q.  Is  she  a  member  of  the  church?    A.  Yes  sir. 

Q.  Is  she  a  regularatteiidant?    A.  Yes  sir. 

Q.  Otthe  Catholic  Church.     A.  Yessir. 

Q,  Have  you  been  with  her  to  church?  A.  Every 
Sunday,  sir. 

Q.  As  faras  you  could  judge  her  character  in  a  reli- 
gous  and  moral  sense,  it  was  every  way  exemplary? 
A.  Yes.  sir;  she  went  to  her  duties  every  two  weeks. 

Q.  Did  she  go  in  the  morning?  A.  It  was  sometimes 
in  the  morning  and  sometimes  in  the  evening. 

Q.  Was  that  the  case  all  the  time  you  kuew  her? 
A.  Yes  sir. 

Q.  If  I  understand  j-ou,  then,  she  was  apparently  dis- 
charging all  her  duties  to  (jod  and  to  man?  A.  Yes 
sir. 

Mr.  Reveredy  Johnson  here  said:— "I  am 
done,  sir!"  and  rising,  loft  the  court  room,  and 
the  cross-examination  of  the  witness  •was  con- 
tinued by  oUier  counsel. 

Question.  What  time  was  it  you  said  Dr.  Mndd  in- 
troduced Booth  to  yourself  and  Surratt?  Answer.  On 
the  15th  oi  January.  I  think. 

Question.  Have  you  no  means  of  fixing  the  exact  date? 
Answer.  Yes,  sir,  if  tlie  register  at  the  Pennsylvania 
House  could  be  had;  Dr.  Mudd  had  his  rooms  there  at 
that  time. 

Question.  Are  you  sure  It  was  before  the  1st  of  Feb- 
ruary?   Answer.  Yes.s  r.    I  am  sure. 

Question.  Are  you  sure  it  was  after  the  1st  of  Ja- 
nuary?   Answer.   Yes. 

Q.  Why.  A.  From  a  letter  received  about  that  time, 
about  theGth  ol  Januar.v,  and  from  a  visit  I  made  there 
again;  it  was  immediately  alter  the  recess  oi  Congress, 
and  the  room  of  Booth  had  been  previously  occupied 
by  a  memberof  Congress,  and  liooth  pulled  down  some 
Congressional  documents  and  remarked  what  good 
reading  he  would  have  when  left  to  himself. 

Q.  You  are  certain  it  was  after  the  Congressional 
holiday,  of  the  occasion,  and  have  no  other  means  of 
knowing,    A.  No,  sir. 

Q.  Did  you  ever  have  any  means  of  knowing  it  was 
after  Christmas?  A.  Merely  that  it  was  alter  the 
Congressional  holidays. 


Q.  Well,  who  said  an.vthing  a'lout  the  member  not 
having  returned  ?    A.  Booth  did. 
Q.  Do  yon  know  who  the  member  was  ?    A.  No. 
Q.  How  did  you  know  that  piety  much  all  the  other 
members  had  returned  ?    A.  Because  Congress  was  in 
session  at  the  time. 

Q.  How  do  you  happen  to  recollect  Congress  was  in 
session  at  the  time?  A.  Weil  merely  by  Booth's 
taking  down  the  documents  and  saving  what  good 
reading  he  would  have  when  le  t  to  hi'nisi  If. 

Q.  Was  it  the  first  day  ol  Bootii's  arrival  in  the  city? 
A.  It  was  the  tirst  day  of  his  taking  po.ssession  of  that 
room. 

Q.  Do  you  recollect  that  it  was  after  the  Congres- 
sional holiday  as  distinctly  as  any  part  ot  the  conver. 
sation  that  took  place?  A.  I  don't  recollect  that  fact 
as  distinctly  as  I  do  the  conversation  about  the  pur- 
chase of  the  (arm. 

Q.  Have  you  any  memorandum  of  your  own  that 
will  enableyou  to  ttx  the  date?  A.  The  date  could 
probably  be  lixed  by  the  register  at  the  Pennsylvania 
House. 

Q.  On  what  street  was  it  that  you  met  Mudd  ?  A.  On 
Seventhsircet  opiiosite  Odd  Fellows'  Hall 

Q.  What  did  Mudd  say  in  explanation  of  the  intro- 
duction? A.  Nothing  that  I  can  remember.  Surratt 
introduced  me  to  him,  aud  he  introduced  Booth  to 
both  otus. 

Q.  Which  introduction  came  first?  A.  That  of  Mudd 
b.v  Surratt  to  nie. 

Q.  And  did  Booth  immediately  invite  you  all  to  his 
room.'    A.  Yes. 

Q.  What  was  said  while  you  were  going  to  the  room? 
A.  Nutning  that  1  know. 

Q.  J  )id  he  give  any  reason  for  wishing  vou  to  go?  A. 
No.  In  going  down  Seventh  street  Surratt  took  Mudd's 
arm  and  1  took  that  oi  B.  oth  s. 

Q.  And  you  went  directly  to  IJooth's  room,  and  how 
long  in  all  did  you  slay  there?  A.  That  I  can't  say 
exactly. 

Q.  You  say  Mudd  wrote  something  on  a  piece  of 
paper?  A.  I  say  Bi-othtraced  I  nesoatneback  Oi  anen- 
veiope,  and  that  Surratt  ai  d  Miidd  were  looking  at  it, 
and  were  engaged  in  a  deep  private  conversation 
scarcely  audiole. 
Q.  Were  you  in  the  room  all  that  time?  A.  Yes  sir. 
Q.  How  close  10  them?  A.  Ahout  as  far  as  that  gen- 
tleman is  from  me. 

Q.  Was  the  conversation  in  part  audible?    A.  It  was 
an  indistinct  murmur. 
Q.  You  lieard  none  of  it?    A.  No. 
Q.  Who  went  out  the  door?    Did  Mudd  go  first?    A, 
Booth  went  first. 
Q.  Are  you  sure?    A.  Yes  sir. 

Q.  How  long  were  they  out  together?  A.  As  near  as 
I  can  judge,  not  more  than  five  or  eight  minutes. 

Q.  Where  did  they  go?  A.  Into  a  passage  that 
leads  past  the  door. 

Q.  How  do  you  know  they  stopped  there?    A.   I 
don't  know,  for  the  door  was  closed  after  them,  but 
by  their  movements  I  judge  they  stood  ouside. 
Q.  Why?    A.  I  did  not  hear  any  retreating  footsteps. 
Q.  Surratt  went  out  with  them?    A.  Yes. 
Q.  Are  you  sure  Booth  was  wkh  them  when  they 
went  out  the  second  time?    A.  Yes  sir. 

Q.  Did  Jludd  say  anything  as  to  how  he  came  to  in- 
troduce Booth  to  Surratt?    A.  No  sir. 

Q.  Which  one  of  them  said  it  was  about  the  farm? 
A.  Mi.'dd  apologized  to  me  lor  the  privac.v  of  the  con- 
versation, and  said  that  Booth  wanted  to  purchase  his 
larm,  bi»c  that  he  would  not  give  a  suliicieut  high  price 
aud  he  did  not  care  about  selluigit. 
Q.  You  had  never  seen  Mudd  before?  A.  No  sir. 
Q.  Had  you  heard  him  sjiokcn  oi  in  the  house?  A.  I 
had  heard  the  name  meniioiied,  but  whether  it  was 
this  particular  Dr.  Samuel  Mudd  I  cannot  say. 

Q.  Did.vou  hear  it  mentioned  in  connection  with  any 
visit  to  the  house?    A.  No  sir. 

Q.  D.)  iou  know  whether  he  did  visit  the  house 
during  the  time  you  were  there?    A.  No  sir. 

Q.  Where  did  Mrs.  Surratt  formerly  live?  A.  At 
Surratlsville. 

Q.  On  the  road  to  Bryanstown  ?  A.  I  can't  say  ex- 
actly. I  am  not  sufficiently  acquainted  with  the  coun- 
try. 

Q.  Do  vou  know  whether  it  is  on  the  road  Uadmg  to 
Mudd's  liouse?  A.  There  were  several  ways  of  arriving 
at  Muuds  house.  One  road,  called  the  Port  Tobacco 
road,  out  by  Piscataway. 

Q.  How  far  is  Mudd's  house  from  the  city?  A.  X 
dont  know. 

Q.  llowi'arisSurrattsville?  A.  About  ten  miles  from 
the  Navy  Bridge.  .  .-,•., 

Q  Did  jou  ever  hear  his  name  mentioned  in  the 
ianiily?  A.  Yes.  I  heard  tlie  name  of  Mudd;  Dr. 
Samuel  Mudd.  only  once.  I  think. 

Q  Alter  Booth.  Surratt  and  Muddreturned  from  the 
passage  outside,  how  long  did  you  remain  together? 
A.  About  twenty  minutes.  „     .    „-     ,  «  .u 

Q.  And  then  where  did  you  all  go?  A.  We  left  the 
hotel  and  went  to  the  Pennsylvania  House,  where  Dr. 
Mudd  had  rooms,  and  Mudd  vifent  into  the  sittingrootn 
and  sat  down  with  me  and  talked  about  the  war,  and 
ixpressed  the  opinion  that  it  would  soon  come  to  an 
end,  and  spoke  like  a  Union  man;  Booth  was  speaking 


* 


28 


TRIAL   OF   THE  ASSASSINS  AT  WASHINGTON. 


with  Surratt;  Booth  left,  and  bade  us  goodnight  and 
■wentout:  Dr.  Muddremainod  Ihereb  it  leftnextmorn- 
Ing:  he  said  he  was  going  to  leave,  whether  he  did  or 
not  I  cannot  say. 

Q.  Wliat  time  was  it  when  you  separated?  A.  It 
must  have  been  about  hall-past  ten  in  the  evening. 

Q.  Was  Booth  talting  when  drawing  those  lines?  A. 
Yes  .sir. 

Q.  And  Mudd  and  Surratt  were  attending?  A.  Yes; 
all  three  sat  around  the  table,  and  looked  at  what 
Booth  was  marking. 

Q.  Are  you  sure  t  bey  were  looking  at  what  he  was 
drawine,"or simply  attending  to  what  he  was  sayin-;? 
A  They  looked  btyond  Booth;  their  eyes  on  the  en- 
velope. 

Q.  How  near  were  you  to  them?  A.  As  I  stated 
about  as  near  as  that  gentleman  over  there,  (pointing 
to  Judge  Holt). 

Q.  Well,  row,  what  distance  is  that  in  feet?  A.  Per- 
haps eiglit  feet. 

Q.  How  large  was  the  room?  A.  I  have  no  means  of 
arrivinsr  at  II  at. 

About'^how  large?  A.  I  could  not  tell  exactly  how 
large  it  was. 

Q.  I  do  not  expect  you  to  do  that;  about  how  large? 
A.  About  iiuU'  tJiesizeof  this  room. 

Mr.  Pitman  liore  asked  the  witness  whether 
he  meant  half  the  room  in  length  and  half  in 
breadth,  which  would  be  quarterof  the  room,  or 
merely  half  the  lena;th,  witli  the  same  width. 
The  wellness  then  pointed  to  a  dividing  railing 
in  the  room,  and  said  about  the  size  from  there. 
Q.  Have  you  ever  heard  any  conversation  liaving 
reference  to"  Payne's  assignment  to  the  murder  ot  the 
Secretary  of  State?    A.  No  sir. 

Q.  In  what  part  of  the  room  was  the  table  situated? 
A.  In  tht^  centre. 

Q.  You  say  you  saw  Mr.  Harold  in  the  summer  of 
1862,  at  Mrs.  Surrafs.  atSurrattsville?  A.  It  was  at  the 
time  oftbe  election  of  countyofflcers:  a  band  hadgone 
down  to  serenade  the  officers  who  had  been  elected, 
and  in  returning  thev  serenaded  us;  I  also  saw  him  m 
July  at  Piscataway  Church,  and  also  the  time  at  the 
theatre.  „        „    ^  . 

Q.  When  you  leti;  the  theatre  you  all  walked  down 
thestreet  togetherajiortinn  of  the  way?  A.  Fiveofus 
left  togetheriand  when  we  came  to  thecorner  ol  Teiitli 
and  E ."Streets,  we  turned  around,  at  least  Surrattdid^ 
and. "saw  the  other  two  were  not  following,  and  told 
me  to  go  back  and  find  thorn:  I  went  backhand  iound 
them  engaged  in  close  conversation  witlv,BicitU. 

Q.  Youniptthemat  tberestaurant?  A.  Yes.sir,and 
on  my  approaching  them  Booth  asked  me  to  take  a 
drink,  and  intrnduced  me  to  a  man  whose  name  I  do 
not  remeiuber,  but  whose  (ace  is  familiar  to  me. 

Q.  Did  you  take  a  drink?  A.  (emphatically).  Yes, 
sir. 

Q.  They  were  all  standing  together  when  you  ap- 
proaclieci?    A.  Yes. 
Q.  Kear  the  bar?    No,  sir,  around  the  stove. 
Q.  Was  it  a  cold  evening?    A.  No, sir;  there  was  no 
fire  in  the  stove;  it  was  a  very  pleasant  evening. 

Q.  Dovuu  knowwl^ethcr  Harold  and  Atzeroth  had 
taken  a  drUik  together  be  ore  you  came  in?  A.  No.  sir. 
Q.  When  vouleit.  did  you  all  leave  togetiier?  A. 
Harold.  Atzeroth  and  I  left  togetiier.  and  overtook 
Surratt  on  Seventh  street ;  he  invited  us  to  take  some 
oysters,  but  Hurj'.d  went  down  Seventh  street. 

Q.  Do  vou  know  where  Harold  lived?  A.  I  was  at 
the  house  only  once;  I  don  t  know  the  precise  spot. 

Q.  You  remarked  sir,  that  at  some  time 
when  vou  were  in  company  with  Mrs.  Surra:t.  a  parly 
would" call  to  see  her.  Do  yon  remember  of  Mrs.  Sur- 
ratt sending  a  request  to  have  a  private  conversa'.i  m 
with  Booth?  A.  On  the  £dof  April  she  sent  me  to  the 
hotel  and  told  me  to  tell  him  that  she  would  like  to  see 
him  on  some  private  business. 

Q.  In  relereuce  to  that  ten  dollars  given  you  by 
Booth  to  obtain  the  biiggv?  A.  I  thought  it  an  act  of 
friendship.  Booth  had  been  in  the  habit  of  keeping  a 
buggy  and  had  promised  to  let  Mrs.  Surratt  havetiic 
loan  of  it.  and  when  I  went  for  it  he  said,  "Here  is  ten 
dollars;  go  and  hire  one." 

Q.  You  spoke  of  going  to  Montreal;  at  what 
time  was  that?  A.  On  tue  18th  of  April,  the  Monday 
after  the  assassination. 

Q.  What  business  had  you  there?   A.  I  was  seekmg 
Burratt. 
Q.  Did  vou  find  him?    A.  No  sir. 
Q,  Did  "vou  ever  see  Mrs.  Surratt  leave  the  parlor  to 
have  a  private  interview  with  Booth?   A.  Frequently; 
she  would  go  into  the  i)assage  and  talk  with  him. 

Q.  How  much  time  did  these  interviews  generally 
occupy?  A.  Generally  not  more  than  five  or  eight 
minutes. 

Q.  Well,  sir,  by  any  conversation  with  her  were  you 
ever  led  to  believe  she  was  in  secret  conspiracj'  with 
Booth,  orunv  ot  his  con:ederates? 

Here  it  was  remarked  by  a  member  of  the  Court  that 
the  witness  had  better  confine  himself  to  a.sia'temeiit 
of  facts,  and  the  question  was  waived  by  tliecross-e.\- 
amining  counsel.  It  was  also  here  stated  by  the  Court 
that  it  was  a  rule  in  the  examination  of  witnesses  that 
eacb  one  should  be  examined  hy  one  Judfe- Advocate 
and  by  only  one  couiLiel  to  each  pii;>ouer. 


Q.  Did  you  ever  transact  any  business  for  Mrs.  Sur- 
ratt?   A.  I  only  wrote  a  letter  to  Mr.  Nothy. 

Q.  What  was  that?  A.  It  was  as  follows:— Mr. 
Northy.  unless  you  come  Ibrward  and  pay  that  bill  at 
once  I  will  begin  suit  against  you  immedately. 

Q.  Anything  else?  A.  I  tigurt  d  some  in  ei-esi  sums 
for  her.  the  interest  on  H'iO  lor  thirteen  years. 

Q.  Do  you  know  of  any  interview  between  Atzeroth 
and  Surratt?  A.  I  have  been  there  Irequently  at  in- 
terviews with  Surratt  in  the  parlor. 

Q.  Do  you  know  of  any  between  Payne  and  Atze- 
roth? A.  Yes;  on  (he  occasion  of  P.iyne's  last  visit 
to  the  house  Atzeroth  called  to  see  Surratt  once,  and 
they  were  in  my  room. 

Q.  Do  you  know  of  any  conversation  in  reference  to 
the  assignment  of  Atzeroth  to  the  assassination  of  the 
Vice  President?    A.  No  sir. 

Q.  Now  you  say.  that  at  2'^  o'clock  on  the  evening  of 
the  I4th  ot  April,  you  saw  Atzeroth  at  a  livery  stable? 
A.  Yes  sir. 

Q.  Trying  to  get  a  horse;  did  he  say  what  he  wa9 
going  to  do  with  the  horse?  A.  He  said  hewasgoing 
to  take  a  pleasure  ride  out  in  the  couutrv. 

Q.  You  say  he  did  not  get  the  horse?  "a.  The  stable 
keeper  rei'used  to  let  him  have  one. 

Q.  Do  you  know  whether  he  succeeded  in  getting  one 
that  d.'iy?    A.  No.  sir. 

(J.  When  did  you  part  with  him?  A.  Immediately 
after  at  the  Post  Office;  I  dropped  a  letter  and  came 
oack  to  the  .stable. 

Q.  Was  that  the  last  interview  you  had  with  him 
until  the  assassination?  A.  Yes  sir. 

Q.  Where  did  you  see  him  again?  A.  In  the  dock 
there.  .    „       . 

Q.  To-dav?    A.  Yes  sir;  to-day. 

Q.  You  sav  you  recognized  that  spur  as  having  been 
seen  hv  you"on  the  bei  ot  Payne  at  toe  house  of  Mrs. 
Surratt."  Wlsat  makes  you  recognize  it?  what  marks 
are  there  that  distinguish  it  from  spurs  in  general?  A. 
I  had  them  in  my  hand. 

Q.  Was  it  thesamewith  the  knife?  I  understand 
you  to  swear  you  saw  that  knile  there.  A.  No,  not 
that  kni  e. 

Q.  On  the  4th  of  April  do  you  know  where  Payne  was 
stopping?  Do  you  know  anything  about  Payueon  that 
day?  A.  Yes,  sir;  I  rememlierthat  Atzeroth  and  I  met 
and  I  asked  him  where  he  was  going,  and  he  said  he 
was  going  toget  a  hiirse  for  Payne. 

Q.  But  wliero  was  Payne?  A.  I  don't  know;  I  only 
saw  him  on  those  two  occasions. 

Q.  Where  then  was  Atzeroth  stopping?  A,  I  don't 
know. 

Q.  Did  not  he  speak  of  the  place  where  Payne  was 
stopping?  A.  No,  sir. 

Q.  Do  vou  know  of  his  having. stopped  at  the  Hern- 
don  House?  A.  I  know  it  because  Atzeroth  trld  me;  I 
met  him  one  day  on  Seventh  street;  he  said  he  was 
going  to  seo  Payne,  and  I  asked  him  if  it  was  Payne 
that  was  at  the  Herndon  House,  and  h^  said  yes. 

Q.  You  said  Payne  paid  a  visit  to  Mrs.  Surratt,  and 
stopped  onlv  one  night?    A.  Yes.  sir. 

O.  With  whom  did  he  appear  to  have  business?  A. 
He  appeared  to  have  business  with  Mrs.  Surratt. 

Q.  Did  he  have  any  other  dress,  going  to  show  that 
heVanted  to  conceal  himself,  that  you  saw?  A.  No, 
sir. 

Q.  Have  5'ou  seen  Payne  since  the  assassination  until 
to-dav?    A.  No,  sir.  I  believe  not. 

Q.  Was  he  received  by  Mrs.  Surratt  as  an  intimate 
friend?  A.  He  was  by  Mrs.  Surratt;  he  was  treated  as 
an  o'd  acquaintance  on  his  first  visit. 

Q.  Now  vou  sav  he  represented  himself  to  he  a  Bai> 
tist'minister:  did  they  regard  him  as  a  man  in  disguise, 
or  as  a  minister?  A.  Oneoftheyoungladi'S  remarked 
that  he  w.as  a  queer  Inoking  Baptist  preacher;  that  he 
wouldn't  convert  many  soills. 

Q.  Did  vou  ever  see  Payneand  Atzeroth  incompany? 
A.  Yes;  Atzeroth  Wiis  at  the  house  on  the  occasion  of 
Pavne'slastvisit. 

Q.  Wore  you,  or  were  you  no'  at  Mrs.  Surratt's  whea 
P;rvne  wasarrested?    A.  No  sir. 

Q    Were  vou  in  thehou-^eat  3  o'clock  on  Saturday 
morning,  w^hen  the  ofiicers  took  possession?    A.  Yes 
sir. 
Q.  Was  Pavne  not  there  then?    A.  No  sir. 
Q.  I  would  like  to  know  wliat  proPessi  ,iial  employ- 
ment vou  are  in?    A.  Clerk  in  theollice  of  the  Com- 
missary <;eneial  of  Pr  soners,  and  have  been  since  the 
yth  dav  of  Januarv,  isc,4. 
Q.  Colonel  Holl'man's  ofHce?    A.  Yes  sir. 
It  wa-".  here  moved  that  the  Court  acljourn.  but  after 
some  discussion  the  adjournment  was  postponed. 

Testimony  of  Robert  R.  Jones. 

Itobert  R.  Jones,  sworn— Q.  You  are  a  clerk  at  the 
Kirkwood  House?    A.  Yes  sir. 

Q  L>okat  tlKit  paper  and  say  if  it  is  a  page  taken 
from  the  re:;iiter  ol  that  liotel?    A.  Yes  sir. 

tj.  Do  vou  read  upon  it  the  name  ol  Atzeroth?  A. 
Y'es  sir,  A.  G.  A-t-z-f-r-o-a-l.  I  believe. 

Q.'  From  that  register  does  it  appear  that  he  took  a 
room  there?  A.  Yes.  on  the  4tti  of  April,  I  should 
think  in  the  morning  before  .S  o'clock. 

Q.  What  is  the  number  of  the  room?    A.  Ko.  126. 


TRIAL  OF  THE  ASSASSINS  AT  WASHINGTON"; 


J.  WILKES  BOOTH.— THE  MUEDEEEB  OP  PRESIDENT  LINCOLNv 


(2) 


TRIAL   OF  THE   ASSASSINS   AT   WASHINGTON. 


?9 


Q.  Have  you  any  recollection  of  the  man  being  seen 
by  you  ihat  day?    A.  I  saw  him  that  day,  sir. 

Q.  Do  you  recognize  him  amongst  those  prisoners? 
A.  ThatlooUs  like  the  man. 

Jlajor-Generul  Hunier  to  Atzeroth— Stand  up. 

Witness  said,  '•!  think  that  is  him,  sir." 

Q.  Do  you  know  what  became  of  him  after  he  took 
the  room?  A.  I  do  not  know;  it  was  between  twelve 
and  one  o'clock  when  I  saw  him  that  day. 

Q,  1)0  you  know  anything  of  IJooth  having  called 
that,  day  to  inciuire  the  number  of  Vice  i'resideiit 
Johnson's  room'?'  A.  I  don't  know  that  he  inquired; 
I  gave  a  card  of  Booth's  to  Colonel  Browning,  Vice 
President  .lohiison's  Secretary. 

Q.  You  did  not  receive  it  from  him  himself?  A.  I  did 
not,  I  ihiuk.  although  I  may  have  done  so. 

U-  Vou  have  not  seen  the  prisoner  till  now?  A. 
Ko  sir. 

Q.  Were  you  present  when  the  room  was  opened? 
A.  I  was  not  there  when  it  wan  opened;  I  went  up 
with  Mr  Lee  after  it  was  opened. 

Q..  Did  you  see  anybody  there  during  the  day  that 
Atz-eroth  was  at  the  hotel?  A.  There  was  a  young 
man  spoke  to  him  when  I  saw  him  at  the  oilice 
counter. 

Q.  Did  you  see  ans'  one  go  to  the  room  with  him  ? 
A.  No  sir. 

Q.  Would  you  know  Booth?  A.  I  don't  think  I 
would;  he  has  been  at  the  house,  but  I  don't  think  I 
recollect  him. 

Q.  Were  you  present  when  that  bowie  knife  was 
taken  from  the  bed?  A.  Yes  sir;  it  was  under  the 
sheet. 

Q.  On  what  day  was  that?  A.  The  day  after  the 
murder  of  the  President,  or  on  the  evening  after. 

Q.  Had  the  bed  been  occupied?  A.  Noslr;  thecham- 
bermaid  had  not  been  in  there. 

(J.  Was  Atzeroth  out  the  night  of  the  assassination? 
A.  Not  that  I  know  of:  it  was  between  12  and  lu  o'clock 
that  I  saw  him;  he  asked  if  any  one  bad  inquired  for 
him. 

Q.  This  was  the  14th  day  of  April?    A.  Yes  sir. 

Q.  He  paid  for  one  day  in  advance  for  his  room?  A. 
Yes  sir.    It  appears  on  the  book. 

Q.  He  had  never  been  to  the  hotel  before  to  your 
knowledge?    A.  I  had  never  seen  him  there  before. 

Cross-examined:— Q.  Were  you  clerking  the  desk  the 
day  when  he  registered  ?  A.  I  went  off  duty  at  12 
o'clock  that  day. 

Q.  Did  you  see  him  register?    A.  No  sir. 

Ci.  What  reason  have  you  for  supposing  that  the 
person  who  wrote  his  name  was  tiie  person  you  liave 
identified?  A.  He  called  to  the  counter,  pointed  to  his 
name  on  the  register,  and  asked  if  any  one  had  called. 

Q.  What  day  was  that?  A.  On  Friday,  between 
twelve  and  one  o'clock. 

Q.  Did  you  see  him  alter  that  in  person?  A.  No,  not 
after  he  left  the  counter. 

Q.  Did  you  see  him  when  his  baggage  came  in?  A. 
No  sir. 

Q.  Had  he  any  baggage  when  he  arrived?  A.  I  was 
not  there  when  he  arrived. 

Q.  Did  he  go  to  his  room  while  he  was  there?  A.  I 
didn't  go  there  till  next  evening,  between  six  and 
seven  o'clock. 

Q.  Do  you  know  whether  he  slept  there?  A.  No  sir; 
the  chambermaid  could  not  get  in:  she  could  not  lind 
the  key. 

Q.  Did  you  ever  find  the  key?  A.  We  never  have 
seen  itsiuce, 

Q.  Did  you  have  any  conversation  witn  a  detective 
in  the  course  of  the  evening  of  the  l.'itli,  in  reference  to 
a  suspicious  looliing  person  at  the  Kirkwood  House? 
A.  On  the  15th,  the  d.ay  alter  the  murder,  I  think  pro- 
bablyl  had,  but  I  don't  recollect  of  any  particular 
conversation  with  regard  to  it. 

Q.  Do  you  rememljer  going  with  the  detective  to  the 
room?    A.  I  went  with  Mr.  Lee  to  the  room. 

Q.  Do  you  know  whether  the  prisoner  Atzeroth  had 
expressed  any  choice  of  the  room,  or  for  the  particular 
number,  No.  2G?  A.  I  was  not  there  when  he  was 
roomed. 

Q.  Did  you  inspect  the  different  articles  which  were 
found  in  the  pockets  of  that  coat?  A.  Yes;  I  saw  them 
as  Mr.  Lee  took  them  out. 

Q.  Could  you  identify  the  pistol  you  saw  on  that  oc- 
casion? A.  1  don't  tliink  I  could,  the  particular  one; 
it  was  a  large  pistol  such  as  cavalry  soldiers  wear. 

Q.  Was  it  loaded  or  not?    A.  It  was. 

Q.  How  are  the  barrels,  round?  A.  I  think  it  was  a 
round,  single  barrel,  with  chambers. 

Q.  Could  you  recognize  the  books?  A.  I  think  I 
could;  the  one  that  had  "J.  Wilkes  Booth"  on  the 
outside  the  kiiiTe  was  a  sheath-knife,  the  same  as  that 
one  on  the  table,  but  I  could  not  swear  to  the  identity 
oJ  it. 

The  assistant  counsel  for  Mrs.  Surratt  then  said:— 
Mr.  President,  I  have  to  ask  that  the  examination  of 
Mr.  Ployd  may  be  postponed  until  Monday,  as  his  tes- 
timony affects  Mrs.  Surratt  and  is  ol  irreat  importance, 
and  I  feel  desirous  that  his  examination  mav  take 
place  when  her  senior  counsel,  Mr,  Iteverdy  Johnson, 
is  present. 

The  Court  relused,  the  application  to  defer  the  ex- 
amination of  Mr.  Floyd  on  the  ground  that  it  could 
not  wait  on  the  whims  or  conveniences  of  counsel,  and 


that  ]\f  r.  Johnson  might  have  remained  in  Court  bad 
be  so  desired. 

Testimony  of  BIr.  Floyd. 

Mr.  Floyd  sworn. 

Q.  Where  do  you  reside  ?    A.  At  Surrattsville. 

CI.  Are  you  acquainted  with  John  H.  Surratt?  A. 
Yes, since"  the  1st  of  December,  1SG4,  not  much  previous 
to  that. 

Q.  Do  you  know  the  prisoner,  Harold  ?    A.  Yes,  sir. 

Q.  Do  you  know  the  prisoner  Atzeroth?     A.  Yes  sir. 

Q.  Will  you  state  whethor  or  not  some  five  or  six 
weeks  before  the  assassination  of  the  President  any  or 
all  of  these  men  came  to  your  house?  A.  They  were 
there,  sir. 

Q.  All  three?    A.  Yos,  sir. 

y.  \\' hat  did  they  bnng  to  your  house?  A.  Atzeroth 
came  first,  went  on  to  1".  B..was  gone  about  half  an 
hour  and  tliethreaoftliem  returned.  Surratt,  Atzeroth, 
and  Harold.  I  noticed  nothing  with  them  until  all 
three  came  came,  when  John  Surratt  called  me  into 
tlie  front  parlor,  and  tiieii  on  the  sola  I  saw  two  car- 
bines and  some  ammunition. 

Q.  Anything  else?    A.  A  rope. 

Q.  How  long?    A.  About  sixteen  to  twenty  feet. 

Q.  Were  tiiese  articles  left  at  your  house?  A.  Yes; 
Surratt  asked  me  to  take  care  of  them  and  I  told  him 
I  did  not  like  to  have  these  things  in  the  house;  be 
then  called  me  into  a  room  I  had  never  seen  into  be- 
fore, and  showed  me  where  I  could  place  them  under 
a  joist. 

Q.  Were  they  concealed  there?  A.  Yes  sir;  I  put 
them  there  myself. 

Q.  How  much  ammunition  was  there?  A.  Just  one 
cartridge  box. 

Q.  What  kind  of  a  carbine  was  it?  A.  Did'nt  ex- 
amine them;  they  had  covers  over  them. 

Q.  .State  whether  on  the  Monday  preceding  Mrs.  Sur- 
ratt came  to  jour  house?  A.  I  met  Mrs.  Surratt  on  the 
Monday  previous  to  the  assassination;  when  she  first 
broached  the  subject  to  me  I  did  not  understand  her; 
she  asked  me  about  theshooting  irons,  or  something  or 
thatkind,  to  draw  my  atteuJion  to  those  things;  I  had 
almost  forgotten  they  were  there,  and  I  told  her  they 
were  hidden  away;  she  said  they  would  be  wanting 
soon;  I  don't  recollect  the  first  question  she  put  to  me; 
she  only  referred  to  it  in  a  manner,  and  finally  came 
out  and  said  they  would  be  wanted  soon. 

Q.  Now  will  you  state  whether  on  the  evening  or  day 
on  which  the  President  was  assassinated  Mrs.  Surratt 
did'nt  come  to  your  house?  A.  Yes:  I  was  out  at- 
tending a  trial,  and  found  herthere  when  I  came  back; 
I  judge  it  was  about  live  o'clock;  I  met  lier  atthe  wood 
pile,  and  she  told  me  to  iiave  them  shooting  irons 
ready  that  night,  and  said  there  would  be  some  parties 
call  for  them  that  night;  she  gave  me  sometliingin  a 
piece  of  paper  to  keep  lor  her,  and  I  found  it  was  a 
field-glass;  she  asked  me  also  to  have  two  bottles  of 
whisky  ready,  saying  they  would  be  called  for  at' 
night, 

Ci.  And  were  they  called  for  by  Booth  and  Harold 
that  night?  A.  They  both  came,  B  lOth  and  Harold, 
and  took  their  whisky  out  of  the  bottles;  Booth  did'nt 
come  in  but  Harold  did;  It  was  not  over  a  quarter 
alter  12  o'clock;  Booth  was  a  stranger  to  me;  Harold 
came  in  and  took  the  whisky,  but  I  don't  think  he 
asked  for  it;  he  said  to  mo.  get  me  those  things. 

Q.  Did  he  not  say  to  yuu  what  those  things  were?  A. 
No;  but  he  was  apprised  that  already  I  knew  they 
were  coming  for  them;  I  made  no  reply,  but  went  and 
got  them:  I  gave  bim  all  the  articles,  with  the  field 
glass  and  a  monkey  wrench. 

Q.  She  told  you  to  give  them  the  whisky,  the  car- 
bines and  the  field  glas.    A.  Yes  sir. 

Q.  How  long  did  they  remain  at  your  bouse?  A.  Not 
over  five  minutes 

Q.  Did  they  take  both  the  carbines,  or  only  one?  A. 
Only  one;  Booth  said  he  could  not  take  his,  because  his 
leg  was  broken. 

Q.  Did  he  *lrink  also?  A.  Yes,  while  sitting  in  the 
porch;  Harold  carried  the  bottle  out  to  bim. 

Q,.  Did  they  say  anything'  about  the  assassination? 
A.  As  they  were  leaving  Booth  said,  "I  will  tell  you 
some  news;  Iiuii  pretty  certain  ice  have  ussasninated  the 
I-'rrsidrnt  <tnd  iSecre/ary  Seward.^' 

Q.  Was  that  in  Harold's  presence?  A.  I  am  not  cer- 
tain.   I  became  so  excited  that  I  am  not  certain. 

Q.  At  what  hour  was  the  news  'of  the  President's 
assas-iination  afterwards  received  by  you?  A.  I  sup- 
pose it  was  about  nine  o'clock. 

Q.  As  the  news  spread  was  it  spoken  of  that  Booth 
was  the  assassin?  A.  I  think  it  was,  on  several  occa- 
sions. 

Q.  Did  you  see  the  prisoner.  Dr.  Mudd,  before?  A.  I 
never  saw  him  before.  I  am  not  acquainted  with  bim 
at  all. 

Q.  What  was  the  exact  language  used  when  Harold 
asked  you  for  those  things?  A.  For  (jod'ssake  make 
baste  and  get  those  things. 

Cross  examination.— ti.  At  what  time  did  you  rent 
the  hou'-e?    A.  About  the  1st  of  December  last. 

Q.  At  the  time  you  commenced  the  occupation  of  the 
premises  didj-ou  find  any  arms  in  the  house?  A.  No  sir. 

Q.  No  guns  or  pistols?  A.  There  was  a  broken  gun, 
a  double  barreled  gun. 

Q.  Do  you  keep  a  bar  there?   A.  I  do,  sir. 


30 


TRIAL   OF  THE   ASSASSINS   AT  WASHIXGTOX 


Q.  Detail  the  first  conversation  you  had  with  Mrs.  1 
Surratt  on  the  two  last  times  you  saw  her.  A.  II  was 
out  of  Uniontown;  we  had  passed  each  other:  1  stopped 
and  saw  it  was  her  and  got  out  and  went  to  her  buggy 
and  shesjtoke  to  nie  in  a  manner  trying  to  draw  my 
attention  to  those  tilings,  the  carbines,  but  she  finally 
came  out  plainer,  though  1  am  not  quite  positive,  but  X 
think  she  said  shooting  irons. 

Q.  Clin  you  swear,  Mr.  Floyd,  on  your  oath  that  she 
mentioned  shooting  irons  to  you  at  all?  A.  I  am 
pretty  positive  she  did  ou  both  occasions,  and  I  know 
she  did  on  the  last. 

Q.  At  what  time  on  F^id.^y  did  you  meet  Mrs.  Sur- 
ratt  ?  A.  I  did  not  meet  her  on  Friday  at  all;  I  was 
out  and  when  1  returned  home  I  found  her  there. 

Q.  How  long  did  she  remain  after  you  returned  ? 
A..  Not  over  ten  minutes. 

Q.  Now  state  the  conversation  between  you  and  her 
during  those  tea  minutes.  A.  The  first  thing  she  said 
was.  '•  Talk  about  the  devil  and  some  of  his  imps  wUi 
appear."  Then  she  said,  "  Mr.  Floyd,  I  want  you  to 
have  the  shooting  irons  read}-,  some  parties  will  call 
lor  them  to-night;"  she  gave  me  a  bundle,  but  I  didn't 
open  it  until  I  got  up  stairs,  and  I  found  it  was  a  field- 
glass. 

Q.  At  what  time  of  day  had  you  this  conversation 
■with  Mrs.  Surratt?  A.  I  judge  it  was  about  .5  o'clock, 
but  it  might  have  been  later.  She  told  me  to  have 
those  shouting  irons  ready,  and  I  carried  them  and  the 
other  things  into  the  house.  That  is  all  the  conversa- 
tion I  had 'with  her  in  reference  to  that.  I  went  into 
the  barn  and  she  requested  me  to  fix  her  buggy,  the 
spring  of  which  had  become  detached  Ironi  the  axle. 

Q.  Was  any  other  person  present  during  this  inter- 
view?   A.  3Irs.  Oll'et  Wiisthere. 

Q.  Was  she  within  hearing   distance?     A.  I  don't 
know;  I  suppose  she  was. 
Q.  This  was  in  the  yard?    A.  Yes  sir. 
Q.  Is  Mrs.  octet  a  neighbor  of  yours?    A.  She  is  my 
sister-in-law. 

Q.  When   did  you  first  have  occasion  to  recollect 
these  conversations?    A.  When  I  gave  all  the  particu- 
lars to  Captain  Burnett,  the  Saturday  week  following. 
Q.  Was  that  the  first  time  you  detailed  those  conver- 
sations?   A.  Yes. 

Q.  Did  you  relate  any  of  the  circumstances  to  any 
other  person?  A.  Only  to  Lieutenant  L,ovett  and  Cap- 
tain Cunningham.  I  told  theua  it  was  through  the 
Surratts  I  got  m^'self  Into  difficulty,  and  if  they  hadn't 
brought  tiiose  arms  to  the  house  I  would  not  have 
been  in  anv  difficulties  at  all. 

Q.  WereLovett  and  Cunningham  together  when  you 
told  them?    A.  Yes. 

Q.  Did  you  talk  to  Mrs.  Offet  about  it?  A.  I  don't 
think  I  did;  I  am  not  so  positive  about  that. 

Q.  How  soon  after  Booth  and  I-Iarold  left  did  you 
learn  positively  of  the  assassination  of  the  President? 
A.  I  got  it  from  them. 

Q.  How  soon  alter  did  you  get  it  from  other  parties? 
A.  About  eiglit  or  nine  o'clock  the  next  morning. 

Q.  Did  you  have  any  conversation  with  the  soldiers 
In  regard"  to  it?    A.  No  sir. 

Q.  Did  you  tell  them  about  Booth  and  Harold  being 
at  your  place?  A.  I  did  not,  and  I  am  only  sorry  that 
I  did  not. 

Q.  Did  Mrs.  Surratt  have  any  conversation  with  you 
in  reference  to  any  conspiracy?    A.  Never  sir. 

Q.  Did  Mrs.  Surratt  hand  anything  to  you  when  she 
spoke  about  those  shooting  irons?   A.  Yes  sir;  the  tield 
glass. 
Q.  Have  you  any  family?    A.  I  have  a  wife. 
Q.  Have  j"ou  ason?    A.  No  sir. 

Q.  Does  any  person  work  for  you?  A.  Yes  sir,  a 
couple  of  colored  men. 

Q.  Were  any  of  them  present  at  the  conversation  be- 
tween you  anil  Mrs.  Surrati?    A.  No  sir. 

Q.  Was  the  package  handed  to  you  by  Mrs.  Surratt's 
own  hand?    A.  Yes,  by  herself. 

Q.  'Where  were  you  standing  when  she  handed  it  to 
you?    A.  Near  the  woodpile. 

Here  a  dillerent  counsel  entered  upon  the  task  of  con- 
tinuing'thecross-examination  rendered  exceedingly  te- 
dious bv  thcinsutlicient  voice  of  the  witness,  whom 
the  Court  and  counsel  could  scarcely  hear. 

Q.  Mr.  Floyd,  can  you  recellect  who  it  was,  after 
Booth  and  Harold  le.t  the  house,  that  first  told  you  it 
was  Booth  who  killed  the  President  ?  A.  I  cannot;  it 
was  spoken  of  in  the  bar-room  the  next  morning  and 
throughout  the  day. 

Q.  Were  the  circumstances  told,  and  the  manner  in 
which  he  did  it?  A.  I  don't  remember  any  circum- 
stances being  told. 

Q.  Do  you  know  whether  the  soldiers  who  first  came 
to  the  house  knew  it  was  Booth?  A.  I  do  not;  I  sup- 
pose they  knew  it,  as  they  brought  the  report  from  the 
city. 

Q.  Mr.  Floyd,  howlong  before  the  assassination  wa«i 
it  that  the  three  gentlemen  you  referred  to  came  to 
your  house.  A.  About  six  weeks;  they  had  two 
buggies;  s-iirratt  and  Dave  Harold  were  iu  the  buggies; 
Aizeroth  came  on  horseback. 
Q.  They  all  came  together?  A.  Yes. 
Q.  Well  who  went  down  to  this  place  called  T.  B? 
A.  S^urratt  and  Atzeroth. 

Q.  Did  Harold  go  with  them  then?  A.  No:  Harold 
was  there  the  ulght  before;  be  bad  gone  down  the 


country,  and  told  me  he  had  come  from  T.  B.,  when 
they  all  three  came  back. 

Q.  How  long  were  they  gone  ?  A.  Not  over  half  an 
hour. 

Q.  Who  handed  the  carbines  to  you?  A.  John  Sur- 
ratt; when  they  all  came  into  the  bar.  Surratt  told  me 
he  wanted  to  see  me,  and  took  me  to  the  front  parlor, 
and  there,  on  the  sofa,  were  the  carbines. 

Q.  Do  you  know  which  buggy  they  were  taken  from? 
A.  I  did  not  see  anything  of  any  arms  at  all  until  they 
were  on  the  sofa. 

Q,.  What  became  of  the  rope  that  ■was  not  taken 
away?  A.  It  was  put  in  the  store-room  with  the 
monkey  wrench.  I  told  the  Colonel  all  about  it  at  the 
Old  Capitol,  and  I  suppose  he  sent  lor  it. 

Q.  Did  at  any  time  any  conversation  pass  between 
you  and  Harold  about  the  arms.  A.  The  night  of  the 
assassination  when  he  got  the  carbines. 

Q.  Which  road  did  they  take?    A.  Towards  T.  B. 

Q.  Did  Booth  and  he  start  off  together?  A.  They 
did. 

Q.  Can  you  say  whether  it  was  in  Harold's  presence 
that  Booth  told  you  hehad  killed  the  President?  A.  I 
am  not  sure,  because  Harold  rode  across  the  yard  like. 

Q.  You  were  arrested  on  the  Tuesday  following?  A. 
Yes  sir. 

Q.  Where?  A.  About  fifteen  hundred  yards  from  T. 
B.,  on  mv  wav  home. 

Q.  Did  Harold  take  a  drink  at  the  bar?    A.  He  did. 

Q   Did  he  take  the  bottle  back?    A.  He  did. 

Q.  Did  he  pay  fur  the  drink?  A.  He  said,  "I  owe 
you  a  couple  of  dollars,  and  he  gave  me  one  dollar. 

Q.  Was  it  light  enough  for  you  to  observe  the  kind  of 
horses  they  had?  A.  One  was  almost  a  white  horse 
and  the  other  was  a  bay.  The  bay  ■was  a  large  horse. 
Harold  was  riding  on  the  bay. 

Here  another  counsel  took  up  the  cross-examination, 
beginning  with  the  olt  repeated  injunction  to  the  wit- 
ness to  speak  louder. 

Q.  Mr,  Floyd,  you  say  you  met  Atzeroth  in  company 
with  Surratt  and  Harold?  A.  He  came  there  live  or 
six  weeks  before  in  company  with  Surratt. 

Q.  Did  you  ever  see  him  before  that  time?  A.  Yes; 
he  h.'id  been  to  my  house  before. 

Q.  Did  he  ever  deliver  to  you  anything?    A.  Never. 

Q.  Have  you  seen  him  since  the  assassination?  A. 
Never  till  now. 

Q.  Did  you  ever  see  the  prisoner  Arnold  ?  A.  I  don't 
know  him. 

Q.  Did  Booth  take  a  rifle  wiih  him  ?  A.  No  sir,  but 
Harold  did. 

Q.  Where  were  the  arms,  then  ?  A.  They  were  in 
my  bed  chamber. 

Q.  When  did  you  bring  them  there?  A.  After  Mrs. 
Surratt  left,  in  consequence  of  her  order. 

Q.  Did  you  give  them  the  carbines  before  they  said 
anything  about  shooting  the  President?  No  sir:  after- 
■wards. 

Q.  What  time  wa.s  it?  A,  A  little  after  twelve;  I 
woke  up  just  before  twelve  o'clock;  I  had  gone  to  bed 
about  nine  o'clock. 

Q.  When  the  soldiers  searched  did  you  give  them 
aid?  A.  I  told  them  1  did  not  know  any  thing  about 
it;  I  should  have  been  perfectly  free  if  I  nad  given 
them  the  information  they  asked  for. 

Q.  Did  you  have  any  conversation  with  Mrs.  OfTet 
after  Mrs.  Surratt  went  away  ?  A.  I  am  not  certain;  I 
think  I  told  her. 

Q.  Where  were  you  standing?  A,  Near  the  wood- 
pile. 

The  court  adjourned  till  Monday  morning. 


Wasmi'sotoi^,  May  15.— The  witnesses  examined 
this  afternoon  showed  the  intimacy  of  Booth,  Arnold 
and  O'Laughlin. 

Mr.  Cox,  for  the  defense,  objected  to  the  whole  of 
this  evidence,  on  the  ground  that  the  mere  fact  of  inti- 
macy was  not  evidence  ot  conspiracy. 

Judge  Advocate  Holt  said  they  had  fully  established 
the  intimacv  of  the  party  in  Washington,  and  simply 
proposed  to  show  the  intimacy  wnich  existed  in  Balti- 
more. 

The  Court  overruled  the  objection;  but  ordered  it  to 
be  put  on  record. 

It  appeared  from  the  testimony  of  David  Stanton 
that  ou  the  night  of  the  illumination,  the  l.Uh  of  Apru, 
O'Laughlin  was  iirowling  in  the  house  of  the  Secretary 
of  War:  but  having  no  business  there,  he  was  ordered 
out.    General  Grant  was  in  the  parlor  at  that  time. 

The  Court  remained  in  session  until  7  o'clock. 

A  number  of  witnesses  were  e.^amined  as  to  the  oc- 
currences at  the  theatre  on  the  night  of  the  assassina- 
tion. 

The  Charges  and  Specifications. 

The  following  is  a  copy  of  the  charges  and  speciflca.- 
tions  against  Duyid  E.  Harold, Geo.  A.  Atzeroth,  Lewis 
Payne.  Michael  O'Laughlin,  John  H.  Surratt,  Edward 


TRIAL   OF  THE   ASSASSINS   AT  WASHINGTON". 


31 


Spanerler,  Samuel  Arnold,  Mary  E.  Surratt,  and  Samuel 
A.  Mudd:- 

C'liarge  1.  For  maliciously,  unlawfully,  and  traitor- 
ously, and  ill  aid  of  tlie  existins  armed  Rebellion 
a,gainst  the  United  States  of  America,  on  orbeiore  tlie 
4tli  dav  of  March,  A.  L).  ISGo.  and  on  diver:;  other  days 
between  that  day  and  the  15th  day  of  April,  A.  D.  isG.j, 
combining;,  coiiIederatinEC,  and  eonspirine;  toKether 
with  one  .lohn  H.  Surratt,  John  Wilkes  Uooth,  Jeffer- 
son Davis,  George  N.  Sanders,  Beverley  Tucker, 
Jacob  Thompson,  William  C.  C'leary.  Clement  (',  Clay, 
George  Harii'r,  George  Young,  andothcrs  unknown, 
within  the  Military  Department  of  Washington,  and 
within  the  fortified  and  intrenched  lines  thereof, 
Abraham  Lincoln,  late,  and  at  the  time  of  said 
combining,  confederating  and  conspiring.  President 
Of  the  United  States  of  America,  and  Commander- 
in-Chief  -of  the  Army  and  Kavy  thereof:  Andrew 
Johnson,  then  Vice  President  of  the  United  States 
aforesaid:  William  H.  Seward,  Secretary  of  State 
of  the  United  States  aforesaid,  and  Ulysses  S.  Grant, 
liieutenanl-General  of  the  Army  of  the  States  afore- 
said, then  in  cmninand  of  the  Armies  of  the  United 
States,  under  the  direction  of  the  said  Abraham  Lin- 
coln, and  In  pursuance  of,  and  in  prosecuting  said 
malicious,  unlawful,  and  traitorous  conspiracy  afore- 
said, and  in  aid  ot  said  Rebellion,  afterwards,  lo-wit:— 
On  the  nth  day  of  April,  A.  D.,  18G5,  within  the  Mili- 
tary Department  of  Washington  aloresaid,  and  within 
the" fortified  and  intrenched  lines  of  said  IMililary  De- 
partment, together  with  thesaid  John  Wilkes  Booth, 
and  John  II.  Surratt,  maliciously,  unlawfully,  and 
traitorously  murdering  the  said  Abraham  Lincoln, 
then  President  of  the  United  States  and  Commander- 
in-Chief  of  the  Army  and  Navy  of  the  United  States  as 
aforesaid,  and  maliciously,  unlawfully,  and  traitor- 
ously assaulting  with  intent  to  kill  and  murder  the 
said  William  II.  Seward,  then  Secretary  ot  State  of  the 
"United  States  as  aforesaid;  and  lying  in  wait  with  in- 
tent maliciously,  unlawfully,  and  traitorously  to  kill 
and  mur  ler  the  said  Andrew  Johnson,  then  being 
Vice-President  of  the  United  States,  and  the  said 
Ulysses  S.Grant,  then  being  Lieutenant-General  and 
in  command  of  the  armies  of  the  United  States  as 
aforesaid. 

Specilication  1.  In  this,  that  they,  the  said  David  E. 
Harold,  Kdward  Spangler,  Lewis  Payne,  John  II.  Sur- 
ratt, Michael  O'Laughlin,  Samuel  Arnold,  Mary  E. 
Surratt.  George  A.  Atzeroth  and  Samuel  A.  Mudd,  in- 
cited and  encouraged  thereunto  by  Jefferson  Davis, 
GeorgeN.  Sanders, Beverlc.vTucker,  Jacob  Thompson, 
William  C.  Cleary,  Clement  C.  Clay,  George  Harper, 
George  Young,  and  others  unknown,  citizens  of  the 
United  States^aforesaid,  and  who  were  then  engaged  in 
armed  Rebellion  against  the  United  States  of  America, 
within  the  limits  thereof,  did,  in  aid  of  said  armed  Re- 
bellion, on  or  before  the  6th  d.ayof  March.  A.  D.  18(;.5, 
and  on  divers  other  day  and  time  between  that 
day  and  the  1.5th  day  of  April,  A.  D.  1863,  com- 
blrie,  confederate  and  eonspira  together  at  Wash- 
ington city,  within  the  Military  Department, 
and  within  the  intrenched  fortifications  and 
military  lines  of  the  said  United  States,  there 
being  unlawfully,  maliciousl.y,  and  traitorously  to  kill 
and  murder  Abraham  Lincoln,  then  President  of  the 
United  States  aforesaid,  and  Commander-in-Chief  of 
the  Army  and  Navy  thereof,  and  unlawfully,  mali- 
ciously, and  traitorously  to  kill  and  murder  Andrew 
Johnson,  then  Vice-President  of  the  United  States, 
upon  whom  on  the  death  of  said  Abraham  Lincoln, 
after  the  4th  day  of  March,  A.  D.  1865,  the  office  of  Pre- 
sident of  the  said  United  States,  and  Commander-in- 
Chief  of  the  Army  and  Navy  thereof,  would  devolve, 
and  to  unlawfuU}',  maliciously,  and  traitorously  kill 
and  murder  Ulysses  S.  Grant,  then  Lieutenant- 
General  under  the  direction  of  the  said  Abraham 
Lincoln  in  command  of  the  Armies  of  the  United 
States  aforesaid:  and  unlawfully,  maliciously,  and 
traitorously  to  kill  and  murder  William  H.  Seward, 
the  Secretary  of  State  of  the  United  States  afore- 
said, whose  tlut.v  it  was  by  law  upon  thedeath  of  said 
President  and  Vice  President  of  the  United  States 
aforesaid,  to  cause  an  election  to  be  held  for  electors  of 
President  of  the  United  States,  the  conspiratoi-s 
aforesaid  designing  and  intending  by  the  killing  and 
murder  of  the  said  Abraham  Lincoln  and  Andrew 
Johnson,  Ulysses  S.  Grant  and  William  IT.  Seward 
aforesaid,  to  deprive  the  army  and  navy  of  the  said 
United  States  of  a  constitutional  commander-in-chief, 
and  to  deprive  the  armies  of  the  United  States  of  their 
lawful  commander,  and  to  prevent  a  lawful  election  of 
President  and  Vice  President  of  the  United  States 
aforesaid,  and  by  the  means  aforesaid  to  aid  and  com- 
fort the  insurgents  engaged  in  armed  rebellion  against 
the  said  United  States  as  aforesaid,  and  thereb.v  to  aid 
in  the  subversion  and  overthrow  of  the  said  United 
States 

And  being  so  combined.confederated,  and  conspiring 
together  in  the  prosecution  of  such  unlawful  and  trai- 
torous conspiracy,  on  the  night  of  the  Hth  day  of 
April  A.  D.,  1805,  at  the  hour  of  about  10  o'clock  and 
15  minutes  1*.  M.,  at  Ford's  Theatre  on  Tenth  Street,  in 
the  city  ot  Washington,  and  within  the  Military  De- 
partment and  military  lines  aforesaid,  John  Wilkes 
Booth,  one  of  the  conspirators  aforesaid,  in  pursuance 
Of  said  unlawful  and  traitorous  conspiracy,  did  tlien 


and  thereunlawfully.maliciously.  traitorously  and  with 
intent  to  kill  and  murder  the  .said  Abraham  Lincoln, 
discharge  a  pistol.Uield  in  the  hands  of  him,  thesaid. 
Booth,  the  same  being  then  loaded  with  )iowder  and  a 
loaden  ball,  against  and  upon  the  left  and  posterior 
side  of  the  head  of  Abraham  Lincoln,  and  did  thereby 
then  and  there  inflict  upon  him,  the  said  Abraham 
Jjincoln,  then  President  of  the  said  United  Stales  and 
Commander-in-Chief  of  llie  Army  and  Navy  thereof, 
a  mortal  wound,  whereof  afterwards,  to  wii,  on  the 
15th  day  of  April,  A.  D.  1865.  at  Washington  City  afore- 
said, the  said  Abraham  Ijincoln  died,  and  thereby  then 
and  there,  in  pursuance  of  saicT  couspirac.v,  the  said 
defendants,  and  the  said  John  Wilkes  Booth,  did  un- 
lawfully, traitorously,  and  maliciously,  and  with  the 
intent  to  aid  the  Rebellion  as  aforesaid,  murder  the 
President  of  the  United  States  as  aforesaid, 

In  further  prosecution  of  the  unlawful,  traitorous 
conspiracy  a'oresaid.and  of  themurderousand  traitor- 
ous intent  of  said  couspirac.v.  thesaid  Edward  Spangler, 
on  the  said  14th  day  of  April,  A.  D.  1865.  at  about  the 
same  hour  of  that  day  as  aforesaid,  within  said  mili- 
tarv  department  and  the  military  lines  aforesaid,  did 
aid  andassist  the  said  John  Wilkes  Booth  to  obtain  en- 
trance to  the  box  in  said  theatre  in  which  said  Abra- 
ham Lincoln  was  sitting  at  the  time  he  was  assaulted 
and  shot  as  aforesaid  by  John  Wilkes  Booth,  and  also 
did  then  and  there  aid  said  Bootli  in  barring  and  ob- 
structing the  door  of  the  box  of  said  theatre  so  as  to 
hinder  and  ]irevent  any  assistance  to  or  rescue  of  the 
said  Abraham  Lincoln  acaiust  the  murderous  assault 
of  the  said  .Tohn  Wilkes  Booth,  and  did  aid  and  abet 
him  in  making  his  escape  after  the  said  Abraham 
Lincoln  h.ad  been  murdered  in  manner  aforesaid. 

Andin  further  prosecution  of  said  unlawful,  murder- 
ous and  traitorous  conspiracy,  anil  in  pur-iuance  there- 
of, and  with  the  intent  as  aforesaid,  the  said  David  E. 
Harold,  on  the  night  of  the  Hth  of  April.  A.  D.  ]8a5, 
within  the  Military  Department  and  military  lines 
a'oresaid.  abet  andassist  the  said  John  Wilkes  Booth 
in  the  killing  and  murder  of  the  said  Abraham  Lin- 
coln, and  did  then  and  there  aid,  a' d  abet  and  assist 
him,  the  said  John  Wilkes  Booth,  in  attempting  to  es- 
cape through  the  military  lines  aforesaid,  and  accom- 
pany and  assist  the  said  John  Wilkes  Booth  in  at- 
tempting to  conceal  himself  and  escape  from  .justice 
after  killingaudmurdering  thesaid  Abraham  Lincoln 
as  aforesaid. 

And  in  further  prosecution  of  said  unlawful  and  trai- 
torous conspiracy,  and  of  the  intent  thereof  .as  afore- 
said, thesaid  Lewis  Payne  did.  on  the  same  night  ol 
the  14tli  day  of  April,  A'.  D.  1865,  about  the  s.ame  houi 
of  10  o'clock  15  minutes  P.  M..  at  the  city  of  Washing- 
ton, and  within  the  militarj'  department  and  military 
lines  aforesaid,  unlawfully  and  maliciousl.v  make  an 
assault  upon  the  said  William  II.  Seward,  Secretary  oi 
State  as  aforesaid,  in  the  dwelling  house  and  hed-cham- 
berof  him.  the  said  William  II.  Seward;  and  there, 
with  a  large  knife  held  in  his  hand,  unlawfnll.y,  trai- 
torously, and  in  pursuance  of  the  said  conspiracy, 
strike,  stab,  cut.  and  attempt  to  kill  and  murder  the 
said  William  H.  Seward,  and  did  thereby,  then  and 
there,  and  with  the  intent  aforesaid,  with  said  knife 
inllict  upon  the  face  and  tliroat  of  the  said  William 
H.  Seward  divers  grievous  wounds;  and  the  said 
Lewis  Payne,  in  further  prosecution  of  the  said 
conspiracy,  at  the  same  time  and  jjlace  last 
aloresaid,  did  attempt,  with  the  knife  aforesaid, 
and  a  pistol  held  in  his  hand,tokill  and  murder  Frede- 
rick W.  Seward,  Augustus  W.  Si-ward,  Emerick  W. 
Hansen,  and  George  F.  Robinson,  who  were  then 
strivingto  protect  and  rescue  the  said  William  H.  Se- 
ward from  murder  by  the  said  Lewis  Payne,  and  did 
then  and  there,  with  thesaid  knifij  and  pistol  held  in 
his  hand,  inllict  divt'rs  wounds  upon  the  head  of  the 
said  Frederick  W.  Seward,  and  upon  the  persons  of 
the  said  Augustus  W.  Seward,  Emerick  W.  Hansell, 
and  George  F.  Robinson. 

And  in  the  further  prosecution  of  the  said  conspiracy 
and  its  traitorous  and  murderous  designs,  thesaid  Geo. 
A.  Atzeroth  did,  on  thenight  of  the  Hth  of  April,  A.  D. 
1S65.  and  about  the  same  hour  of  the  night  aforesaid, 
within  the  military  department, and  the  military  lines 
aforesaid, lie  in  wait  for  Andrew  Johnson,  then  Vice 
President  of  the  United  States  aforesaid,  with  the  in- 
tent unlawfully  and  maliciously  to  kill  and  murder 
him,  the  said  Andrew  Johnson. 

And  in  the  further  prosecution  of  the  conspiracy 
aforesaid,  and  of  its  murderous  and  treasonable  pur- 
poses aforesaid,  on  the  night  of  the  l."th  and  Hth  of 
April.  1865.  at  Washington  Cit.v.  and  within  the  mili- 
tary lines  aforesnid.  the  said  Michael  O'Laughlin  did 
then  and  there  lie  in  wait  for  Ulysses  S.  Grant. 

And  in  the  further  prosecution  of  the  said  conspiracy, 
thesaid  Samuel  Arnold  did.  within  the  military  de- 
partment and  militar.v  lines  a(oresai<l,  on  or  al>out  the 
6th  day  of  March,  A.  D.  isi;5.  and  on  divers  other  days 
and  times  between  that  d.ay  and  the  l5tli  day  ol  April, 
A.D.  1865.  combine,  conspire  with  and  aid,  counsel  and 
abet,  comfort  and  support  thesaid  John  Wilkes  Booth, 
Lewis  Payne,  Cieorge  A.  Alzeioth.  Michael  O'Laugh- 
lin, and  tiieir  confederates  in  the  said  unlawful,  mur- 
derous and  traitorous  conspiracy,  and  in  the  execution 
thereof  as  aforesaid. 

Andin  the  further  prosecution  of  the  s.aid  conspi- 
racy, Mary  E.  Surratt  did,  at  Washington  City,  and 


32 


TRIAL   OF   THE   ASSASSINS   AT  WASHINGTON. 


wirhin  ihemilitarv  rippfirtment  and  military  lines 
a'onsaid,  on  or  te  oro  tlu'  cth  day  of  March.  A  D. 
18(55,  and  at  divers  oihfr  r'rys  and  timrs  betweo-n  that 
day  and  t'lo  ^Oth  day  of  April,  A.  D.  186-5,  receive, 
enferiain.  hnrhnr  and  (or.cfal,  aid  rnd  assist,  tlie 
said  John  W  llcps  Booth.  Bavid  r.  Harold.  Leu-is 
Payne.  John  n.  Surratt.  Micha' 1  O'Laughlin,  George 
A."  Atzeroth  Samuel  Am' 11,  sn^.d  their  cnnfed'>ratos. 
with  a  knowledge  of  the  murderous  and  traitorous 
conspiracy  a'fcre--aid.  and  with  intent  to  aid.  .-ib.'t  and 
assist  them  in  the  execution  thereof,  and  in  e."c.ipin?j 
from  .lustice  after  the  murder  oftliosaid  Abraliam 
Linco  n,  as  aforesaid,  with  intentto  aid,  abet  and  assist 
them  in  the  execution  thfr'jof,  and  in  escapins  from 
justice  after  the  murder  of  the  said  Abraham  Lincoln. 
in  pursuance  of  the  said  conspiracy,  iu  the  manner 
atoresaid. 
By  order  of  the  President  of  the  United  States. 

J.  HOLT.  Judge  Advocate-General. 

Proceeding's  of  ]Wonday.  Mny  15. 

On  Saturday  it  vyas  moved  that  if  the  record  created 
no  objection  on  the  part  of  the  .ludges  Advocate,  or  of 
the  counsel  for  any  or  all  of  tlie  accused,  the  presence 
ofthe  several  witnesses  need  not  be  considered  of  ma- 
terial necessity. 

Mr.  Aiken,  assistant  counsel  for  Mrs.  Surratt,  ex- 
pressed his  willinprness  to  accede  to  such  an  arrange- 
ment, except  in  the  case  of  Weichman.  whom  "lie 
desired  present  not,  however,  that  the  witness  might 
hear  the  record  of  his  testimony  read,  but  that  he 
misht  re-examine  him  on  new  ground,  which,  as  he 
alleged,  had  been  brought  forth  ia  the  examination  of 
the  subsequent  witnes'^es. 

It  was  decided  by  the  Court  that  the  reason  so  stated 
did  not.iustify  the  delay  that  the  finding  and  recalling 
of  Weichmaii  would  occasion,  and  the  reading  of  the 
record  was  proceeded  with. 

After  a  time  Mr.  Weichmaii  entered  and  heard  the 
reading  of  the  portion  of  his  cross-examination  con- 
ducted by  Mr.  Ewing.  and  several  corrections  made. 

Mr.  Johnson. thesoniorcounspl  of  Mrs.  .Surr.att.  when 
the  whole  of  the  testimony  rendered  by  Mr.  Weich- 
man had  been  read  from  the  record,  applied  to  be  per- 
mitted to  ask  of  hirn  somn  question  before  he  retired. 
This  was  objected  to  by  Maif)r-General  Wallace.  The 
President  then  I eniarl<(d  that  the  witness  had  been 
already  examined  by  the  counsel,  and  a  fair  oppor- 
tunity afln^rded.  The  .Tudgo  Advocate  General  then 
a.sked  whether  it  was  to  be  a  cross-examatiou.  and 
being  told  by  the  counsel  that  it  was.  thoCourt,  under 
the  Advocate's  suggestion,  determined  that  ashe  could 
call  up  the  witness  hereafter  ofthe  de'ense,  it  would 
beqneconom.v  of  time.  General  Wallace  withdrew 
his  oh.iection.  add'n^.r.  h'lWever.  that  hedidso  only  for 
this  time.  He  said:— 'I  placed  mv  obiection  on  the 
ground  that  these  objections  would  pro%-e  intermina- 
ble, unless  stopped  by  some  rule,  alter  counsel  have 
once  had  a  fuU  opportunity  for  cross-examination 

K.xaminatiou  i^y  Hon.  Iteverdy  Johr.son— Q.  I  under- 
stood you  to  say  on  Saturday  tl'at  you  went  with  Mrs. 
Surratt  the  first  time,  on  Tuesday  before  the  assassi- 
nation, in  a  bugg.v.  Do  you  rev^ollect  whether  you 
stopped  on  the  way  to  Surrattsville?    A.  Yes  sir. 

Q.'Where?  A.  We  stopped  on  two  or  three  occa- 
sions. 

Q.  Did  you  stop  at  fniontownl  A.  I  do  not  know 
the  particular  point,  whether  it  was  at  Uniontown  or 
not. 

Q.  Did  you  stop  at  a  village?  A.  We  stopped  on  the 
road  at  no  parti  ularviilage  that  I  remember. 

Q.  How  do  you  know  Mr.  Floyd?  A.  I  have  met  him 
three  times. 

Q.  Did  you  know  him  as  the  keeper  ofthe  hotel?  A. 
I  knew  him  as  the  man  who  had  rented  Mrs.  Sur- 
ratt's  house  from  her,  because  I  copied  off  the  instru- 
ment. 

Q.  Do  you  recollect  seeing  him  buy  a  buggy  on  the 
wa.v  from  Washington  to  .Surrattsville,  on  Tuesday? 
A.  Yes.  sir:  we  met  hi<  carriacre;  it  drove  past  us:  Mrs. 
Surratt  ca'led  to  Jfr.  Floyd;  Mr.  Vloyd  got  out  and  ap- 
t) reached  the  bug.gy:  Mrs.  Surratt  put  her  head  out  and 
had  a  conversation  with  him. 

Q.  Did  you  hear  it?    A.  No  sir. 

Q.  Did  you  hear  anytliiiigabout  shooting-irons? 

Question  objected  to  by' Assistant  Judge  Advocate 
Einsham.    Thequeslion  was  thi-n  withdrawn. 

Witness— T  heard  notbing  mentioned  about  shooting 
irons:  Mrs.  Surratt  spoke  to  Mrs.  OlTatt  about  havinu' 
this  man.  ITowell,  take  the  oath  of  allegiance  and  get 
released,  and  said  she  was  going  to  apply  to  Geuei-al 
Augur  or  Judge  Turner  tor  that  purpose. 

Q.  How  long  was  that  interview  between  Mr.  Floyd 
and  Mrs.  .Surratt  on  that  occasion?  A.  That  I  couldn't 
say  exactly;  I  don't  think  it  was  more  than  five  or 
eight  minutes;  I  don't  carr.v  a  watch  myself,  and  I 
have  no  precise  means  of  knowing. 

By  Judge  Holt-Q.  I  undcrstuod  you  to  say  you  did 
not  hearthe  whole  of  this  conversation?  A.  I  did  not 
bear  the  conversation  between  Mr.  Floyd  and  Mrs. 
Surratt;  Mrs.  Surratt  spoke  to  Mr.  Floyd  at  some  dis- 
tance from  the  bug.g.v,  audi  couldn't  hear  it. 

By  Mr.  Johnson— Q.  Do  you  recollect  whether  it  was 
lalulng  at  that  time?    A.  I  don't  think  it  was  raining 


at  that  particular  time;  it  was  a  cloud5'.  murky  day;  I 
cannot  say  whether  it  was  raining  or  not;  I  don't  re- 
member. 

The  reading  of  the  record  was  resumed,  and  being 
finished  by  half-past  one,  the  Court  took  a  recess. 

After  the  recess.  John  M.  I.loyd  was  recalled,  and 
asked  if  ho  could  identify  the  carbines  shown  to  him  as 
the  cues  re'erred  to  in  his  previous  testimony? 

Witness— Tlie  one  with  the  cover  on  I  do  not  recog- 
nize; 1  do  not  think  the  cover  looks  like  the  same;  it 
was  a  kind  of  grey  cloth;  the  other  looks  like  the  one  I 
saw;  I  recognize  the  fixture  (or  breech-loading,  which 
attracted  my  attention,  and  which  I  examiu' d;  ii  the 
Court  will  allow  me  I  wish  to  make  a  statement.  When 
I  was  ex.amiued  before  I  stated  that  it  was  on  I\Ionda.y 
when  I  met  Mrs.  Surratt  at  Uniontown.  I  was  roii- 
fused  by  my  being  summoned  to  Court  on  two  succes- 
sive Mondays.  The  first  Monday  I  was  summoned  to 
Court  I  did  not  go.  I  met  Mrs.  Surratt  at  Unioulown; 
the  next  day  after  I  went  to  Court,  and  consequently  it 
must  have  been  on  the  Tuesday  after  the  second  Mon- 
day I  was  summoned.  I  also  wish  to  make  another 
statement.  I  testified  in  my  last  examination  that  I 
was  notcertain  whether  I  carried  the  bundle  given  me 
by  Mrs.  Surratt  up  stairs  or  not.  I  cannot  now  recol- 
leci  distinctly,  but  I  think  it  likely  I  laid  it  on  the  sofa 
in  the  dining  room. 

By  Judge-x\dvocate  Holt— Q.  Yon  are  sure  it  was 
the  same  bundle  you  examined  here?  A.  Yes,  sir,  I 
am  sure  it  was  theeame  bundle. 

B.y  Mr.  Aiken.— Q.  Did  I  understand  you  to  say  you 
were  in  liquor  at  the  time  you  had  this  conversation 
with  Mrs.  Surratt  ?  A.  I  was  somewhat  iu  liquor,  as  I 
think  I  told  you  on  Saturday. 

Q.  And  on  that  af  count  is  it  that  you  are  at  fault  in 
yrur  testimony,  and  wish  to  make  this  explanation? 
.A.  I  was  not  positive  whether  I  carried  the  bundle  up 
stairs  or  not.  The  question  was  unexpected.  Iff  had 
expected  it,  I  might  have  recollected  more  distinctly 
iu  my  former  examination. 

Testimony  of  Mary  Vantine. 

Examined  by  Judge  Holt.— Q.  Do  you  reside  in  the 
city  of  Washington?    A.  I  do;  at  No.  420  G  street. 

Q.  Do  you  keep  rooms  for  rent?    A.  I  do. 

Q.  Will  you  look  at  the  prisoners  at  the  bar  and 
state  whether,  in  the  month  of  February  last,  you  saw 
any  of  tliem;  and  if  so,  which?  A.  Two  of  those  gen- 
tlemen had  rooms  at  my  house,  Arnold  and  O'Laugh- 
lin. 

Q.  What  time  in  February  did  they  take  rooms  in 
your  house?  A.  As  near  as  I  can  recollect  it  was  on 
the  inth.    I  cannot  state  positively  the  date. 

Q.  Did  you  know  J.  Wilkes  Booth  iu  his  lifetime? 
A.  I  knew  him  by  his  coming  to  my  house  to  see  gen- 
tlemen w-ho  had  rooms  there. 

Q.  Did  he  or  not  comeverj'often  to  seethe  prisoners, 
O'LauL'hlin  and  Arnold?    A.  Yes,  frequentl.v. 

Q.  Would  he  remain  for  a  good  while  inconversation 
with  them?  A.  As  .a  general  thing  he  would  go  into 
their  rooms  and  I  could  see  nothing  further  of  them. 

(J.  Did  these  prisoners  leave  thecity  and  return  seve- 
ral times?  A.  They  lett  on  Saturday  to  go  to  their 
homes,  as  I  understood,  in  E.altimore. 

Q.  Do  you  know  whether  Booth  accompanied  them 
or  not?    A.  I  think  not. 

Q.  Were  these  interviews  between  Booth  and  them 
alone  or  was  Booth  accompanied  by  other  persons? 
A.  1  never  saw  any  one  with  him. 

Q.  They  told  you  his  name  was  J.  Wilkes  Booth,  did 
the.v?  A.  Yes.  Arnold  did;  I  inquired  who  he  was  and 
he  said   .1.  Wilkes  Booth. 

Q.  Did  he  call  for  them  frequently  and  not  find  them 
in?    A.  Yes;  sometimes. 

Q.  Did  he  manifest  much  anxiet.y  to  see  them  on 
these  occasions?  A.  Frequently:  wheu  they  wore 
away  he  would  call  three  or  four  times  before  they 
would  return;  he  would  appear  very  anxious  to  see 
them. 

Q.  Would  he  on  such  occasions  leave  messages  for 
them?  A.  Sometimes  he  would  request,  if  they  came 
in  before  he  called  again,  to  say  that  the.v  would  find 
him  at  the  stable:  sometimes  he  would  go  iuto  their 
room  and  write  a  note. 

Q.  Look  at  the  photograph  now  shown  you.  and  say 
if  you  recognize  it  as  the  man  you  call  Booth?  A.I 
cannot  see  without  ni)' glasses  (glasses  brought  in  and 
handed  to  witness);  I  should  not  call  it  a  good  likeness; 
I  recognize  it  as  Booth,  but  like  a  very  poor  lilceness. 

Q.  Do  you  remember  the  last  time  Booth  played  in 
this  citv,  about  the  ISth  cr  20th  of  March.    A.  Yes. 

Q.  Did  these  prisoners  present  you  with  compli- 
mentary tickets  tor  the  play  that  night?  A.  Yes.  I 
expressed  a  wish  to  see  him,  and  O'Laughlin  gave  mo 
the  tickets. 

Q.  Did  there  seem  to  be  any  difference  in  the  inti- 
macy of  his  association  with  these  two  men.  and  if  so, 
witli  which  was  he  the  most  intimate?  A.  I  can't  say. 
lie  would  sometimes  inquire  for  one,  and  sometimes 
tor  the  other,  thou.gh  I  think  he  more  frequently  in- 
quired for  O'Laughlin. 

Q.  Did  you  ever  see  any  arms  in  their  room?  A.  I 
saw  a  pistol  once,  and  but  once. 

Q.  Do  you  remember  at  any  time  seeing  a  man  call 
A  very  rough  looking  person— a  laboring  man  or 
mechanic?  A.  Not  a  laboring  man.  There  was  a  man 
who  used  to  come  sometimes.    I  think  he  passed  one 


TRIAL   OF   THE   ASSASSINS   AT  WASHINGTON. 


33 


nisht  \vi:h  them,  from  his  coming  out   very  early  in 
tlie  morning. 

Q.  Do  you  know  his  name?  A.  I  would  know  him 
itisawliim;  ho  was  what  would  be  called  a  respect- 
able-looking mechanic,  not  what  yoii,  would  call  a 
gentleman. 

Q.  Could  you  describe  him  at  all?  A.  Not  very  mi- 
nutely; his  skin  was  hard,  as  if  it  had  been  exposed  to 
the  weather. 

Q.  Do  vou  recognize  him  as  among  the  prisoners  at 
the  bar?"   A.  No. 

Q.  Did  these  prisoners  seem  to  have  any  business 
transactions  with  Booth,  and  it'so,  of  what  character? 
A.  They  said  they  were  in  the  oil  trade. 

Q.  Did  they  seem  to  have  an  e.Ytensive  correspon- 
dence? Did  many  letters  come  to  them?  A.  Not  a 
great  many. 

Q.  Where  did  they  generally  come  from  ?  A.  I 
never  noticed ;  they  were  brought  in  and  laid  down. 

Q.  They  were  addressed  to  the  names  ot  O'Laughlin 
and  Arnold,  were  they?  A.  Yes;  sometimes  to  one 
audsometinies  to  the  other. 

Q.  You  say  Booth  came  sometimes  by  day  andsome- 
times  at  night?  A.  Not  frequently  at'nitiiit;  I  do  not 
know  as  ever  I  saw  him  at  niKht;  he  micht  have  come 
there  without  my  seeinghira;  I  slept  in  the  back  part  of 
the  house  and  persons  might  come  out  the  front  part 
of  the  house  without  my  seeing  them. 

Q.  You  do  not  know  whether,  when  they  went  out 
and  stayed  late  at  night,  they  were  with  Booth  or  not? 
A.  No. 

Q.  You  have  not  seen  them  since  the  time  they  left 
your  house?    A.  No. 

Q.  Which  was  about  the  20th  of  March?  A.  I  think 
so:  it  was  the  Monday  after  the  Saturday  on  which 
Booth  played. 

Q.  Did  you  ever  see  Booth  ride  out  in  the  evenings 
wi;h  these  men?  A.  No,  I  do  not  think  I  ever  did.  I 
could  not  positively  say  whether  I  did  or  not.  He  fre- 
quently came  to  mj- house  in  a  carriage  ai>d  inquired 
for  them.  I  never  saw  them,  that  I  recollect,  ride  out 
together. 

Cross-examined  by  Mr.  Coxe.— Q.  Did  these  prisoners 
say  they  were  or  had  been  in  the  oil  business?  A.  They 
said  that  they  were  in. 

Q,  Wasthat  during  the  first  or  latterparc  of  the  time 
they  occupied  a  roojn  at  your  house?  A.  I  think 
they  had  been  there  two  or  three  weeks, 

Q.  Did  they  say  anything  when  they  went  away  from 
ysiir  house,  whe"re  they  were  going?  A.  To  Pennsyl- 
vania. 

Q.  Did  they  sny  anything  about  having  abandoned 
the  oil  business?    A.  No;  not  that  I  recollect. 

Q.  Were  they  much  in  their  rooms,  or  were  they 
moving  about?  A.  They  were  not  in  their  room  a 
great  deal.  " 

Q.  Did  they  occupy  it  regularly  at  night?  A.  They 
were  out  sometimes. 

Q.  Do  you  fix  the  20th  of  March  as  the  day  they  left? 
A.  If  you  can  ascertain  what  night  Booth  played  I  can 
tell  you;  it  was  the  Monday  following. 

Q." Was  P^'ST'ia  the  play?    A.  Yes. 

Q.  You  cannot  speak  with  certainty  of  anybody  being 
with  them  besides  Booth?  A.  No,  not  anybody  tnat  I 
know;  others  may  have  gone  into  their  room,  I  could 
not  say  in  regard" to  that. 

Q.  I  ask  you  whether  Booth's  visits  were  most  fre- 
quent in  February,  or  the  latter  part  of  the  time  they 
were  there  in  March?  A.  I  think  they  were  pretty 
much  the  same  all  through  the  time  they  were  there; 
he  was  a  pretty  constant  visitor. 

G.  Were  you  present  at  any  conversations  between 
them?    A.  No.  I  was  not. 

Q.  You  never  heard  any  of  their  conversations?  A. 
No. 

Q.  Did  they  room  up  stairs?    A.  No,  in  the  back 
parlor. 
Testimony  of  Henry  Williams  (Colored). 

Q.  State  to  the  Court  whether  you  are  acouainted 
with  the  prisoners  O'Laughlin  and  Arnold;  look  and 
seeif  you  remember  to  have  seen  theni  before?  A.  I 
know  Mr.  O'Laughlin,  but  not  Mr.  Arnold. 

Q.  Did  you  ever  meet  Mr.  O'Laughlin,  and  where? 
A.  In  Baltimore. 

Q.  When  was  that?  A,  In  March  last;  I  carried  a 
letter  to  him. 

Q.  From  whom  did  you  carry  the  letter  to  him?  A. 
From  Mr.  Booth. 

Q.  John  Wilkes  Booth,  the  actor?    A.  Yes  sir. 

Q.  Did  j-ou  carry  the  letter  to  him  alone,  or  to  him 
and  Arnold?  A.  I  carried  one  to  Arnold  and  gave  it 
to  a  lad}-,  and  she  said  she  would  give  it  to  him. 

Mr.  Coxehere  said  that  unless  this  question  was  to 
be  followed  up  he  would  object  to  it. 

Theob.iectionof  the  counsel  was  overruled,  and  the 
examination  proceeded. 

Q.  So  you  delivered  It  at  the  boarding  hou=e  of  O'- 
Laughlin ?  Did  he  tell  you  where  O'Laughlin  lived  ? 
A.  He  said  on  Exeter  street. 

Q.  But  did  you  carry  a  letter  to  Arnold?  A.  No,  sir, 
I  carried  one  up  there  to  the  house;  I  did  not  know  who 
it  was  for,  myself. 

Q.  Who  from  ?  A,  Mr.  Booth  gave  it  to  me  ;  he  first 
called  me  and  asked  me  if  I  would  take  a  letter  down 
there:  I  didn't  know  for  whom  it  was  ;  he  first  told 
meto  cairy  it  to  tlie  uji^er  that  was  ou  the  letter.  _ 


Q.  You  carried  moret  ban  one?    A.  Two. 

Q.  To  whom  did  you  deliver  the  second?  A.  To  Mr, 
0'Lau2-hlin. 

Q.  Do  you  know  for  whom  it  was?  A.  He  told  me  it 
was  for  Ml.  O'Laughlin;  I  knew  Mr.  O'Laughlin,  and 
was  glad  when  I  saw  him  in  the  theatre,  because  it 
saved  me  night  walking. 

ti.  For  whom  did  O'Laughlin  say  the  letter  was.  A. 
Well.  I  said  liere  is  a  letter  Mr.  Booth  gave  me  for  you, 
and  that  was  all. 

Q.  Booih  toldyou  then  this  letter  was  for  O'Laughlin? 

Mr.  Cox  iiere  remarked  again.  I  must  object  to  this 
evi  '.ence,  as  it  is  not  followed  up  as  to  what  he  did 
after  the  receipt. 

The  Judge  Advocate-General  remarked  that  the 
object  w;issiraply  to  show  the  intimacy  of  those  men 
by  their  correspondence. 

Mr.  Cox  said  he  objected  to  any  evidence  of  Booth's 
sending  a  letter  to  aiiy  individual.  It  was  simply  an 
act  of  Booth's  own,  to  which  the  defendemt  was  not 
privy. 

The  Judge  Advocate-General  then  said  that  they  did 
not  offer  tl)e  letter  In  evidence  at  all,  but  simply  their 
correspondence  with  each  other.  The  objection  was 
finally  entered  upon  the  record,  but  was  overruled  by 
the  Court. 

■  Q.  When  did  I  understand  you  to  say  this  letter  was 
carried  ?    A.  It  was  in  March. 

Q.  Are  you  sure?    A.  Yes  sir,  in  March  last. 

Q.  Late  or  early  in  March?  A.  About  the  middle  of 
the  month;  I  was  coming  along  there  near  the  mine- 
ral water  store,  and  he  said,  couldn't  I  take  a  note  for 
him;  I  said  1  could;  I  had  to  go  in  front:  he  said  for  me 
to  take  the  note  and  he  would  pay  me;  I  asked  him 
where,  and  he  said  to  Fayette  street. 

Q,  You  said  something  about  the  theatre;  what 
theatre?    A.  The  HoUiday  Street  Theatre. 

Q.  You  say  you  found  O'Laughlin  in  the  theatre; 
what  part  of  the  theatre?  A.  In  the  dress  circle,  in 
the  afternoon. 

Q  How  did  you  find  him?  A.  I  went  up  with  Pitch, 
and  found  him  there. 

Q.  All  you  know  about  it  is  that  you  just  gave  the 
note  to  him  and  came  away?    A.  Yes,  sir. 

Q.  When  Booth  gave  you  the  other  letter,  that  was 
not  for  O'Laughlin?  A.  No,sir;  that  was  for  a  house  in 
in  Fayette  Street.  He  just  gave  me  the  number  of  the 
house. 

Q.  He  did  not  tell  you  who  it  was  addressed  to?  A. 
No,  sir. 

Testimony  of  J.  P.  Early. 

.T.  P.  Early  sworn. 

Q.  Do  you  know  the  prisoners,  O'Laughlin  and  Ar- 
nold?  A.  I  know  O'Laughlin. 

Q.  Have  you  been  on  the  cars  with  them  coming 
from  Baltimore  to  this  city?  A.  Yes,  with  O'Laughlin, 
ou  the  Thursday  previous  to  the  assassination. 

Q.  Was  Arnold  on  the  cars?  A,  No  sir,  not  to  my 
knowledge  at  least. 

Q.  That  was  the  day  previous  to  the  assassination? 
A.  Yes,  Thursday,  the  night  of  the  illumination. 

Q.  Do  you  know  where  he  went  to  stay  after  yon  ar- 
rived? A.  There  were  four  ot  us,  and  when  we  stopped 
to  get  shaved   between    Third    and   Four-and-a-half 
streets,  he  asked  me  to  walk  down  as  far  as  the  Na- 
tional Hotel  with  him. 

Q.  Did  he  take  a  room  there?    A.  No  sir,  he  did  not. 

Q.  Did  you  see  him  associate  with  Booth?  A.  No 
sir,  I  never  saw  Booth  but  once,  and  that  was  upon 
the  stage. 

Q.  Did  he  make  any  inquiry  for  Booth?  A.  I  did 
not  hear  him. 

Q.  Did  you  see  O'Laughlin  during  that  day  7  A.  I 
was  with  him  the  greater  part  of  that  day. 

Q.  Where?  A.  We  slept  at  the  Metropolitan  that 
night,  and  then  went  to  Welch's  and  had  breakfast 
foriour  of  us;  as  we  were  passing  the  National  Hotel. 
I  stopped  to  go  to  the  water-closet;  when  I  came  out  I 
met  Mr.  Henderson,  who  said  he  was  waiting  for  Mr, 
O'Laughlin,  who  had  gone  up  stairs  to  see  Booth:  we 
waited  three-quarters  of  an  hour,  and  he  not  coming 
down,  we  went  out. 

Q.  When  did  you  see  him  again  ?  A.  About  four 
o'clock. 

Q.  What  time  did  he  go  to  see  Booth?  A.  I  should 
sav  it  was  about  noon,  perhaps. 

Q.  W^hatwas  the  latest  hour  at  which  you  saw  hiia 
on  Friday?  A.  I  don't  recollect  exactly;  I  had  beei^ 
been  drinking  considei-ably,  but  I  distinctly  recollect 
I  saw  him  come  out  of  a  restaurant  pretty  late;  I  can't 
gav  whether  it  was  after  thea-ssassination. 

Q.  Can  you  give  the  n.ame  of  the  restaurant?  A.  I 
believe  the  name,  at  present,  is  "Lee  Shore." 

Q.  Did  you  see  him  at  the  time  or  immediately  after 
you  heard  of  the  assassination  of  the  President?  A.  I 
can't  say  I  did;  I  went  to  bed  shortly  alter  that;  i  thinlc 
I  distinctly  recollect  his  coming  Out  with  Fowler. 

Q.  Who  is  Fowler?    A.  I  don't  know   exactly;    h9 
used  to  be  employed  by  O'Laughlin's  brother  once. 
Q.  Did     O'Laughlin  go  to  Baltimore  the  next  day? 
A.  Yes,  on  the  three  or  half-past  three  o'clock  train;  I 
forget  which  it  is.  „ 

Q.  Where  did  he  go  to  in  Baltimore?  A.  Well,  after 
we  arrived  we  went  down  Baltimore  street,  as  far  a.<i 
Higlii  down  to  Fayettg,^aaflJro.mL.ttiesg  we  yent  ana 


S4 


TRIAL   OF   THE   ASSASSINS  AT  "WASHIXGTOX. 


asked  to  see  a  pentleman's  wife  who  was  lying  here 
slpk  in  Wasliingtim;  iiiul  tlien  wecame  down  and  went 
toO'LauKlilin's:  going  down,  we  met  lis  brother  on 
the  way,  'who  told  OLaughlin  that  there  had  hern  par- 
ties lookin;?  (or  him:  lie  asked  me  if  I  would  wait,  and 
then  he  asked  me  in;  ho  thcMi  went  up,  and  said  he 
was  not  goini?  to  stay  home  that  night. 

Q  Did  b>.<  show  much  excitement  about  the  assassi- 
nation? A.  I  can't  say  hedid,  t)ut  his  brother  said  ho 
would  be  after  him  on  acoouut  of  his  intimacy  with 
Booth. 

Cross-examination  by  Mr.  Cox.— Q.  Who  was  with 
O'Laughlin  besides  yourself?  A.  There  was  Henderson, 
Edward  Murphy  and  myself 

Q.  What  was  your  purpose  in  coming  down?  A.  We 
came  to  have  a'little  good  time,  and  to  see  the  illumi- 
nation. 

Q.  Did  he  join  you  in  Baltimore?  A.  He  came  with 
Henderson. 

Q.  Where  did  you  stay  on  Thursday  night?  A.  At 
theNational  Hotel.  Henderson,  me  and  Smith  stojiped 
in  one  room,  and  a.s  0"Laughlin  signed  the  register  last 
they  gave  him  a  room  to  himself. 

Q.  Who  arranged  to  sleep  separately?  A.  Well,  he 
was  the  man  who  signed  last,  and  the  clerk  gave  him 
that  room. 

Q.  How  late  were  you  up  that  night  ?  A.  It  was 
about  2  o'clock  oti  Frida.v  morning. 

Q.  Was  it  you  who  woke  him  in  the  morning  ?  A. 
Tes,  sir,  and  then  we  went  down  and  KOt  breakfast. 

Q.  Wliere  ?  A.  At  Welch's,  on  the  avenue,  near 
Tenth  street,  and  after  breakfast  we  went  back,  about 
10  O'clock,  to  the  National  Hotel. 

Q,  Did  you  hear  him  state  what  he  was  going  to  see 
Booth  for.  or  that  he  was  going  to  see  Booth  at  all  ?  A. 
No  sir.  not  at  that  time. 

Q.  Did  Booth  come  down?    A.  He  did  not. 

Q.  You  don't  know  whether  he  actually  .saw  Booth 
or  not?  A.  I  donot,sir;  weremainedin  thehoteltliree- 
(juarters  of  an  hour  waiting  for  him.  and  he  not  com- 
ing down.  Henderson  concluded  to  go,  but  a.s  we  went 
out  he  had  some  cards  written  by  the  card-writer 
there;  we  walked  down  the  avenue,  I  think,  as  far  as 
the  "  Lee  Shore."  aud  he  not  being  there  we  went  back 
and  got  the  cards  that  the  writer  had  written  lor  Hen- 
derson: he  wroie  my  name  on  a  samplecard;  we  then 
proposed  to  send  cards  to  Booths  room  as  a  hint  to 
O'Laughlin  to  come  down;  the  cards  were  returned, 
as  there  was  nobody  in  the  room. 

Q.  How  long  during  that  day  was  O'Laughlin  in  your 
company?  A.  We  took  a  stroll  around  the  city,  in  dif- 
ferent parts  of  it,  and  had  dinner  again  at  Welch's. 

Q.  Dia  you  stroll  around  together?    A.  Yes  sir. 

Q.  You  dined  at  Welch's?    A.  Yes  sir. 

Q.  At  what  hour?    A.  Between  twelve  and  two. 

Q.  Do  you  know  Stern's  clothing  store?    A.  Yes  sir. 

Ci.  Was  it  over  that?  A.  No  sir.  I  think  it  was  fur- 
ther up  the  avenue. 

Q.  What  time  did  you  get  through  dinner?  A.  It 
took  us  over  an  hour. 

Q.  Where  did  you  go  after  dinner?  A.  Around  town 
again,  and  we  went  on  a  visit. 

Q.  Was  O'Laughlin  witli  you  all  the  time?  A.  I  can't 
say  he  was  alter  dinner,  but  I  recollect  that  between 
four  aud  five  o'clock  he  went  with  me  to  a  friend  s 
bouse. 

Q.  To  pay  a  visit?  A.  Yes  sir;  and  we  had  dinner  a 
second  time. 

Q.  Tliat  was  on  Friday?    A.  Yes  sir. 

Q.  How  soon  did  j-ou  leave  there?  A.  We  left  there 
about  r,  o'clock. 

Q.  You  are  not  certain  that  O'Laughlin  was  with 
you  all  the  afternoon?  You  don't  suppose  he  was  with 
you  between  the  first  and  second  dinners?  A.  lam 
not  positive;  I  think  we  separated,  O'Laughlin  and 
Henderson  going  one  way,  and  Michael  aud  myself 
another. 

Q.  Vou  are  not  certain?    A.  No  sir. 

Q.  Alter  6  o'clock  where  did  you  go?  A.  After  we 
came  up  from  the  place  near  the  Baltimore  depot, 
where  we  had  paid  tlie  visit,  we  returned  to  the  Lee 
Bhore  House,  and  were  then  joined  by  the  other  two. 

Q.  How  late  was  th.at?  A.  I  don't  exactly  recollect. 
■V^'e  stayed  around  there  until  between  7  and  8  o'clock, 
and  then  went  back  to  Welch's  and  had  suiiper,  M'e 
were  there  at  the  time  the  procession  passed  uji  the 
aveuue  to  the  Navy  Yard. 

Q.  What  time  was  that?  A.  Between  eight  and  nine 
o'clock. 

Q.  How  late  did  you  stay  there?  A.  Until  our  supper 
was  ready;  we  then  went  to  the  Lee  Shore  House. 

Q.  Did  you  stay  there  till  you  went  to  bed?  A.  I  did. 
eir. 

Q.  Do  I  understand  you  to  say  you  were  there  after 
the  assa.ssination?    A.  Yes  sir. 

Q.  Where  is  the  house?  A.  Between  Third  and  Four- 
and-a-half  streets,  near  the  Globeothce;  theseconddoor 
1  believe  from  the  G lobr  ofUce. 

Q.  Did  .vou  speak  to  O'Laughlin  when  he  was  in  com- 
pany with  Fowler?    A.  Yes  sir. 

Q.  Was  not  that  after  you  received  the  news  of  the 
assassination?    A.  I  am  not  certain. 
Q.  Were  you  all  there?    A.  Yossir. 
Q.  Where  did  you  stay  that  night?    A.  I  staid  at 
that  house. 
U.  Did  O'Laughlin?   A.  Not  that  I  know  of. 


Q.  Had  you  been  drinking?    A.  Yes  sir. 

Q.  Nowcliarge  your  memory  whether  it  was  after 
the  news  of  the  assassination  re.iched  you  or  not?  A. 
I  should  judge  it  was  about  lu  o'clock. 

Q.  Where  was  Murphy?  A.  He  had  left  us  in  the 
avenue. 

Q.  He  was  not  with  you  at  that  time?    A.  No  sir. 

Q.  Where  was  Henderson?  A.  In  the  bar-room,  I 
believe. 

Q.  Now  I  will  ask  you  when  you  came  down  on 
Thursday,  whether  the  whole  partv  had  not  arransed 
to  go  back  on  Friday?  A.  Yes,  that  was  the  intention; 
at  least  1  understood  so. 

Q.  During  this  visit  did  you  seeanvthins  in  O'Laugh- 
lin—anything  desperate,  which  would  lead  you  to  sup- 
pose  

Objected  to  by  the  Assistant  Judge  Advocate  Brig- 
ham. 

Q.  How  was  his  conduct?  A.  The  same  as  I  ever 
saw;  he  was  rather  jovial. 

Q.  Was  he  in  good  spirits?  A.  "N^ery  much  so,  com- 
ing down  to  the  cars. 

Q.  Any  nervousness?    A.  No  sir. 

Q.  I  will  ask  you  whether  you  were  nearWillard's 
Hotel  during  Frida.v,  or  Friday  evening  ?  A.  AVewere 
not  as  far  up  as  W'illard's,  I  think;  t  don't  recollect 
passing  there. 

Q.  What  induced  you  to  stay  later  than  you  in- 
tended ?    A.  Well,  it  w,is  the  liquor. 

Q.  Didn't  Lieutenant  Henderson  press  you  to  stay? 

The  question  w.is  objected  to  b.v  Assistant  Judge 
Advocate  Bingham,  on  theground"that  it  was  a  cross- 
examination  as  to  Henderson,  whose  name  was  not 
on  the  record  yet. 

Major-General  Lew  Wallace  remarked  that  Mr. 
Henderson  himself  could  be  brought  into  Court. 

TheCourt  asked  Mr.  Cox  if  the  question  was  with- 
drawn, to  which  Mr.  Cox  replied— No,  sir. 

The  objection,  however,  wiis  sustained  bv  the  Court. 

Q.  You  stated  that  probably  the  liquor  kept  vou 
there.  Now  I  will  ask  you  if  anything  else  did  ?  A.  I 
cannot  say. 

Q.  State  what  time  you  went  up  to  the  depot  in  the 
morning?  A.  We  did  start  to  go  at  eleven  on  Satur- 
day morning,  and  went  as  far  as  the  depot,  and  Hender- 
son went  and  got  the  tickets,  but  Henderson  tinallv  con- 
cluded to  stai'  over  the  afternoon;  O'Laughlin  was 
wanting  to  go  up  to  Baltimore,  and  said  I  to  Hender- 
son, if  you  press  him  to  staj',  he  will,  and  so  we  all 
concluded  to  stay  until  three  in  the  evening. 

Q.  Then  you  went  up  at  three  in  the  evening  ?  A. 
Yes  sir. 

Q.  You  say  you  met  his  brother,  and  that  he  said 
parties  were  looking  for  him?  A.  Yes,  I  remember 
the  remark  he  made,  that  he  would  not  like  to  be  ar- 
rested in  her  bouse:  that  it  would  be  the  death  of  his 
motlier:  his  brother-in-law  went  with  us  to  the  corner 
of  Fayette  and  Kxeter  streets;  we  stopped  there  ami 
had  a  conversation,  and  I  told  him  he  had  better  stay 
at  home,  and  thatthose  parties  would  probablv  come 
again.  He  sa-d:— No,  it  would  be  the  death"  of  liis 
mother,  and  asked  me  to  go  up  town  with  him.  and  I 
went  up,  but  I  do  not  recollect  the  name  of  the  street; 
we  got  into  the  cars,  aud  wheu  we  got  out  we  returue  J 
horde. 

Examination  in  Chief  Resnuied. 

By  Judge  Holt:— Q.  Do  .vou  know  the  hour  that 
O'Laughlin  joined  you  on  Thursday?  A.  We  all  lour 
wentiiuto  \he  hotel  together. 

Q.  At  what  hour?    A.  About  one  or  two  o'clock. 

Q.  On  Friday  morning?    A.  Yes. 

Q.  Where  had  you  been  the  previous  part  of  the 
night?  A.  Alter  supper  we  went  to  see  the  illumiuar 
tions,  and  went  a  considerable  distance  up  the  avenue, 
and  then  turned  back,  aud,  at  the  invitation  of  Mr. 
Henderson,  went  into  the  Canterbury  Music  Hall. 

Q.  All  of  you?    A.  All  of  us. 

Q.  Did  you  all  continue  together?    A.  Yes  sir. 

Q.  Did  3-ou  go  any  where  else?    A.  No  sir. 

Q.  Didn't  you  go  on  K  street  or  L  sireet?  A.  No  sir;  I 
can't  say;  I  don't  know  where  that  street  is  myself. 

Ci.  Can  you  state  wliere  you  were  besides  at  the  Can- 
terbury?   A.  Aiterwards? 

Q.  No;  belbre  that.  A.  We  had  supper  previous  to 
that  and  took  a  walk  up  the  avenue. 

Testimony  of  I.icntenant  i5en«lerson. 

Q,  State  whether  you  are  acquainted  with  the  pri- 
soner O'Laughlin?    A.  Yes  sir. 

Q.  Did  you  see  liim  in  this  cit.v  on  Friday,  Aptil  14th? 
A.  Yes  sir,  on  Thursday  and  Friday. 

Q.  Do  you  know  whether  on  either  of  those  days  he 
visited  Booth?  A.  He  told  me  on  Friday  that  he  was 
to  seeihim  in  the  morning. 

Cross-examination  by  Mr.  Cox.— Q.  Did  he  tell  you 
ho  was  to  see  him,  or  that  be  went  to  see  him?  A.  He 
said  ho  was  to  see  him  on  Friday. 

Q.  As  if  he  had  an  engagement  to  see  him?  A.  He 
only  .said  he  was  to  see  him;  I  can't  say  whether  he 
had  an  engagement  or  not. 

Q.  Did  he  tell  you  what  for?    A.  No  sir. 

Q.  That  is  all  you  know  about  it?  A.  That  is  all,  sir. 
Testimony  of  Samuel  K.  J.  Streg'^. 

Q.  Explain  to  the  Court  how  long  you  have  known 
O'  Laughlia?   A.  I  have  known  him  for  years. 


TRIAL   OF  THE   ASSASSINS  AT  WASHIXGTOX. 


35 


Q.  Did  yovj  see  him  in  the  month  of  April  last  before 
the  assassination?  A.  I  can't  be  positive  about  its 
being  April,  but  it  was  well  on  to  the  1st  of  April. 

Q.  iJid  you  see  liini  with  Booth?    A.  I  did 

^.  Did  the  assioiatiou  between  them  seem  to  be  of 
aiitntimate  nature?    A.  It  did. 

Q.  Did  you  see  them  converse  in  an  intimate  man- 
ner?    A.  r  did. 

Q.  Vhere  was  that?  A.  I  don't  know  the  house;  it 
was  onthe  ri  ;ht  liand  side  of  the  avenue  as  you  go  up 
to  the  Treasury  Department. 

Q.  Inside?    A.  No.  outside. 

Q.  Were  they  alone  by  themselves?  A.  There  were 
three  of  the  party. 

Q,  Did  the  tliird  party  take  any  part  in  the  conver- 
sation? A.  I  think  Duoth  was  the  speaker,  and  the 
other  party  the  listenr. 

Q.  Did  they  suspend  their  conversation  when  you 
approached?  A.  OLaughlin  did.  lie  called  me  on 
one  side  and  said  Booth  was  busy  with  his  friend  talk- 
ing privately. 

Q.  Do  you  know  this  man?    A.  No  sir. 

Q.  Describe  him.  A.  He  was  about  my  height,  with 
oirlyhair;  hewas  in  astoopingposition,  as  if  talking 
to  Booth ;  I  thought  it  ill  manners  to  go  too  near  theni. 

Q.  Do  you  recognize  any  of  the  prisoners  as  being  the 
man  ? 

The  witness  scrutinized  the  prisoners  in  the  dock, 
and  answered  ;— 

In  tlieir  iircsent  dress,  I  would'nt  swear  to  any. 

The  question  was  objected  to,  and  the  objection  was 
sustained. 

Q.  Have  you  any  oiinion  as  to  whether-'either  of 
these  is  the  man?  A.  I  feel  it  my  duty  to  detect  the 
m»n,  but  it  is  a  delicate  question.  No  sir,  I  wi!l  not 
swear  that  the  man  is  there. 

Q.  State  whetheryuuarethe  person  reported  tohave 
seen  Booth  and  Harold  on  the  night  of  the  assassina- 
tion? A.  I  don't  know  Harold,  and  I  neversaw  Booth 
but  once  after  that. 

Cross-examination  by  Mr.  Cox.— Q.  Yousaj-  you  saw 
this  conlerence  at  the  house  on  the  avenuL?  Can  vou 
tell  where  the  house  is?  A.  I  i^aid  mj  attention  to  "the 
locality;  it  is  between  Ninth  and  Eleventh  streets,  to 
the  best  of  my  recollection;  I  know  I  was  going  up  to 
Eleventh  street. 

Q.  Can  you  speak  with  any  certainty  a.s  to  the  date? 
A.  Icould  if  I  had  the  passes  that  1  obtained.  Then  I 
could  come  ni:;h  to  it;  but  X  can  t  now  say  positively  as 
to  the  date. 

Q.  Might  it  not  have  been  that  you  asked  O'Langh- 
llu  to  take  a  drink,  and  he  have  replied  that  Booth 
was  busy  with  a  iriend?  A.  Well,  1  am  in  no  ways 
stingy;  I  might  have  doneso. 

Q.  And  what  was  his  answer  in  reply  to  your  invi- 
tation to  take  a  drink?    A.  I  don't  know. 

TosJimony  of  I...  !S.  Spragruo. 

By  Judge  Holt.— Q.  Vou  have  been  a  clerk  at  the 
Kirkwood  House?    A.  YeS  sir. 

Q.  Were  you  present  when  the  room  wa,s  broken 
open.after  the  assassination?    A.  Yes  sir. 

Q.  State  what  was  found  there?  A.  All  I  saw  was  a 
revolver. 

Q.  Do  you  recollectthat  in  thecourseof  thedaysome 
men  called  to  inquire  lor  Atzeroih?  A.  No  sir,  I  do 
not. 

Cross-examination  by  Mr.  Doster.— Q.  When  were 
you  at  the  desk?  A.  I  came  oS"  auty  at  12  in  the  morn- 
ing. 

Q.  Did  you  observe  anybody  calling  and  asking  for 
Atzeroth?    A.  No  sir. 

Testimony  of  David  Stanton. 

Q.  Look  upon  the  prisoner,  O'Laughlin,  and  state  to 
the  Court  whether  you  ever  saw  him  before,  and  if  so, 
when  and  where.    A.  I  have  seen  him. 

Q.  Which  islie?  A.  That  is  him;  he  sits  there  be- 
tween two  soldiers. 

Q.  Slate  when  and  where  you  saw  him?  A.  The 
night  before  the  assassination:  at  the  liouse  of  the  Sec- 
retary of  War;  I  simply  saw  him  there;  he  remained 
some  moments,  till  I  requested  him  to  go  out. 

Q.  Did  you  have  any  conversation  with  liimin  the 
house?  A.  I  asked  liim  what  his  business  was.  and  he 
asked  where  the  Secretary  was;  I  said  he  was  standing 
on  the  stoop. 

Q.  Did  he  ask  for  anybody  else  but  the  Secretary?  A. 
No. 

Q.  Did  he  offer  any  explanation  while  there?  A.  No; 
atlirstl  thouglit  he  was  intoxicated;  but  found  after- 
wards that  he  was  not. 

Q.  Was  General  (jrant  there  that  night  ?  A.  Yes,  in 
the  room. 

Q.  Did  he  ask  In  regard  to  him  ?  A.  I  don't  recol- 
lect that  lie  did. 

Q.  Did  he  go  when  you  told  him  ?    A.  Yes,  sir. 

Q.  At  what  hour  was  that  ?  A.  At  lOJ^o'clook;  there 
was  a  crowd  there,  and  a  band  there  serenading  Gen. 
Grant  and  the  Secretary  of  W^ar. 

Q.  Do  you  know  anything  of  a  man  being  seen 
lurking  about  the  premises?  A.  No  sir,  it  was  eleven 
O'clock  before  I  got  there:  his  inquiry  was  simplv 
where  the  Secretary  of  War  was:  I  pointed  him  out  to 
him,  but  he  did  not  go  to  see  him,  uor  did  he  tell  what 
Iiis  message  was. 


Cross-examined  by  Mr.  Cox -Q.  Was  that  the  first 
time  .vou  saw  this  man?  A.  Yes. 

Q.  Have  you  never  seen  him  since!  A.  Yes,  on  the 
Moiitinik-.  as  a  prisoner. 

.  Q- How  long  after  was  that?  A.  I  don't  remember 
the  date,  but  it  wag  the  day  they  took  Booth's  body 
away  from  the  vessel 

Q.  Was  it  aark  or  light?    A.  Not  very  dark. 

Q.  Moonlight?    A.  No  sir,  dark. 

U   How  was  he  dressed?    A.  In  black. 

Q.  What  kind  ofhat  had  he?    A.  A  slouched  hat. 

Q   Did  he  have  a  whole  suit  of  black?    A.  Yes  sir. 

Q.  What  kind  of  a  coat?    A.  A  dress  coat. 

Q.  Was  his  vest  black?    A.  Yes  sir. 

Q.  Where  does  the  Secretary  live?  A.  On  the  corner 
ol  J'ourteenth  and  K;  the  second  house  from  the  cor- 
ner of  Fourteenth. 

Q.  What  peculiarity  about  the  man  enabled  vou  to 
Ideiitily  him?  A.  The  hall  was  well  lit  up,  audi  was 
directly  in  Iront  of  him. 

Q.  How  fir  inside  the  door  were  you?  A.  About  ten 
feet,  next  to  the  library  door. 

Q.  What  do  you  suppose  his  size  was,  standing  in  the 
hall?  A.  About  my  height;  four  Jeet  tive,  or  five  feet 
four  I  should  say. 

Q.  When  you  saw  him  on  the  monitor  was  he  stand- 
inLjor  sitting?  A.  He  stood  up;  I  had  au  indistinct 
view  of  him  on  the  monitor,  it  was  so  dark. 

Q.  You  at  first  thought  he  was  intoxicated,  and  then 
that  he  w^s  not?    A.  Yes  sir. 

Q.  Therewere  a  good  many  people  in  front  of  the 
door.    A.  Yes  sir. 

Q.  Was  there  any  one  else  about  the  hall?  A.  No  sir. 

Q.  Who  was  on  the  door-step?  A.  The  Secretary 
and  another  gentleman  were  on  the  door-step. 

Q.  He  had  got  behind  them?    A.  Yes  sir. 

Q.  Was  General  Grant  in  the  parlor?    A.  Yes  sir. 

Q.  Was  that  lit  up?    A   Yes  sir. 

Q.  Did  he  have  the  same  beard  as  he  has  now?    A. 
Iseeno  change  except  from  the  want  of  shaving. 
Testimony  of  Mr.  1>.  C  Read. 

Q.  Statewhetheryou  were  acquainted  with  Mr.  John 
N.  .Surratt,  in  this  city.  A.  I  had  no  personal  acquain- 
tance with  him. 

Q.  Do  you  know  him  when  you  see  him?  A.  Yes  sir. 

Q.  When  did  you  la<t  see  him?  A.  On  the  14th  of 
April,  thenight  of  the  assassination. 

U.  In  this  city?    A.  Yessii'. 

Q.  Wheredid  you  see  him  then  ?  A.  He  was  stand- 
ing on  the  street  below  the  National,  when  he  passed; 
it  was  about  2',  o'clock. 

Q.  Was  he  alone?    A.  Yes  sir. 

Q.  Do  you  remember  how  he  was  dressed?  A.  Yes 
sir;  in  a  country  cloth  suit,  varied  in  texture  and  ap- 
pearance; it  was  genteely  got  up;  he  had  a  round 
crowned  hat:  I  noticed  his  spurs  as  he  passed  me  par- 
ticularly; he  had  on  a  pair  of  new  brass-plated  spurs, 
with  a  very  large  rowel. 

Q.  He  was  on  foot  was  he?    A.  Yes,  sir. 

Q.  What  did  you  say  was  the  color  of  his  clothes.  A, 
Thej'  were  drab. 

Q.  Did  you  speak  to  him?  A.  I  bowed  to  him  as  he 
passed. 

Q.  You  stated  you  knew  him  quite  awhile?  A.  I 
knew  him  when  a  child:  he  had  grown  pretty  much 
out  of  my  recollection;  still  I  knew  him  when  I  saw 
him. 

Q.  You  have  no  doubt  you  saw  him  on  that  day?  A. 
I  am  very  positive  I  saw  him. 

Cross-examination  by  Mr.  Aiken.— Q.  How  long  have 
you  known  Surratt?  A.  I  could  not  state  positively 
the  lengih  of  time. 

Q.  Have  j-ou  been  in  the  habit  of  seeing  him  fre- 
quently during  the  past  year?  A.  I  cannot  say  that  I 
liave. 

Q.  When  did  you  see  him  ?  A.  I  could  not  .say  posi- 
tively: I  think  I  saw  him  some  time  last  fall,  I  think 
in  October. 

Q.  Describe  his  appearance?  A.  He  was  a  light-com- 
plected man;  his  hair  was  rather  singular  like;  it  is  not 
red  nor  burned,  but  rather jsandy;  it  was  cut  round  so 
as  to  lay  it  low  down  on  his  collar. 

Q.  Did  he  wear  any  whiskers  when  you  last  saw 
him?  A.  I  don't  recollect  seeing  any  hair  on  his  face 
at  all:  if  he  had  any,  itwas  very  Tight. 

Q.  Did  you  see  anything  of  a  goatee  or  moustache  on 
him?  A.  No;  I  did  not  notice  his  face  so  much;  1  was 
more  attracted  by  the  clothes  he  had  on. 

Q.  What  do  you  mean  by  drab  or  grey  clothes?  A.  I 
mean  regular  countrj'  cloth. 

Q.  Do  I  understand  you  to  say  you  were  standing  on 
the  steps  of  the  National  Hotel?  A.  No,  as  it  was  two 
doors  below. 

Q.  You  had  no  talk  with  him?    A.  No  sir. 

Q.  Can  you  swear  positively  it  was  Surratt?  A.  I 
may  be  mistaken,  but  I  am  as  certain  it  was  he  as  that 
I  am  standing  here. 

U.  What  is  thestateof  his  forehead?  A.  I  could  not 
say.  He  had  his  hat  on.  My  attention  was  attracted 
to  his  clothes  and  spurs. 

Q.  You  observed  the  clothes  and  the  rowel  more 
than  his  face?  A.  I  oau't  say  my  atteiilioudwolt  upon 
his  face  at  all.  ^  ^ 

Q.  How  large  a  man  is  he;  I  dont  mean  his  height  1 
A.  He  is  not  a  stout  man,  but  rather  delicate:  he  would 


36 


TRIAL   OF   THE   ASSASSINS    AT   WASHINGTON. 


not  weis'i   ovor  one  hundred  and  forty  pounds:  he 
walks  a  little  stooped. 

Q.  How  lon'4  did  you  have  your  eyes  upon  him  ?  A. 
I  saw  hini  as  he  passed,  and  1  turned  and  looked. 

Q.  Did  vou  see  him  a=rain  during  the  day  ?  A.  No  sir. 

Bv  Judge  lloit.— Q.  Did  Surratt  recognize  you?  A. 
He'bowed  to  nie  as  lie  passed. 

Q.  You  sav  you  gave  a  particular  attention  to  his 
clothing.  Are  you  in  the  habit  of  judging  of  these 
things?    A.  Yes,  sir:  I  malie  them  mj'seU. 

Testimony  of  Jjimes  W.  Potiiephrey. 

Q.  You  reside  in  Washington?    A.  I  do. 

CI.  What  is  yuur  husiiiess?    A.  I  keep  a  livery  stable. 

Q.  Are  you  "acquainted  with  Booth?    A.  I  was  sir. 

Q.  Do  you  remember  to  have  seen  liim  on  Friday, 
April  Utli?  A.  Ye.s  sir:  he  came  to  mystalde  about 
twelve  o'clock  and  again  at  lour  o'clock;  ho  .said  he 
wanted  a  horse  at  four  o'clock  on  that  day;  he  wanted 
a  sorrel  that  he  used  to  ride,  but  I  could  m^t  let  him 
have  it,  and  I  gave  him  a  bay  mare  about  thirteen  or 
fourteen  hands  high. 

Q.  Was  it  returned  to  you?  A.  I  have  never  seen 
her  since. 

Q.  Describe  the  mare.  A.  She  was  a  small  mare;  a 
little  rublied  behind;  she  was  a  blood-bay,  blaci:  tall, 
with  a  little  star  on  her  forehead. 

Q.  Was  he  in  the  habit  of  hiring  horses  from  you? 
A.  Yes;  he  iirst  came  in  company  with  Surratt;  he 
asked  mo  if  I  was  the  proprietor,  and  I  said  yes;  he 
wanted  a  horse;  says  I,  -'you  will  either  have  to 
give  me  reference  or  security;  I  don't  know  you; 
'•well,"  says  he,  "you  have  read  about  me;"  "well," 
says  I,  "who  are  you,  if  I  have  read  about  you?"  He 
6aid  he  was  John  Wilkes  Booth;  Isaid  I  didu'tknow 
whether  liewas  John  Wilkes  Booth, and  Surratt  spoke 
up  and  said,  "this  is  John  Wilkes  Booth,"  and  I  let 
him  have  the  horse. 

Q.  How  long  was  this  before  the  assassination?  A. 
One  month  or  six  weeks. 

Q.  Look  at  that  photoeraph,  do  you  recognize  it?  A. 
That  is  the  man,  sir. 

Q.  Did  he  ask  lor  anything  else?  A.  Only  a  tie-rein; 
I  told  hlni  not  to  hitch  her  by  the  bridle.butto  geta 
boy  to  hold  her  if  lie  should  happen  to  stop;  he  said  he 
was  going  totJrover's  Theatre  to  write  a  letter,  and  he 
would  put  her  in  a  stable  hack  of  that;  1  told  him  if  he 
•ould'nt  !,'et  a  boy.  he  could  get  a  bootblack;  he  said  he 
was  going  to  take  a  pleasure  ride,  and  asked  "How  is 
Chrystal  Springs?"  I  told  him  it  was  a  good  place,  but 
rather  airy  to  go  to. 

Q.  That  was  between  four  and  five  o'clock.  A.  Yes, 
I  have  never  seen  Booth  since. 

Q.  Do  you  know  any  of  the  other  prisoners?  A,  No; 
I  don't  know  any  of  them  at  all. 

Cross-examined  by  Mr.  Aiken.— Q.  Was  Surratt  with 
Booth?  A.  Yes,  sir.  the  first  time  I  saw  him;  henever 
came  with  anj'body  else. 

Q.  When  was  that?  A.  Six  weeks  before  the  assas- 
sination. 

Q.  He  was  not  with  him  on  the  Friday?  A.  No; 
Booth  was  always  alone  alter  that. 

Q.  What  kind  of  a  looking  man  was  Surratt  ?  A.  He 
wasabout  live  feet,  ten  or  eleven  inches;  had  sandy 
hair  and  a  light  goatee ;  his  eyes  were  sunken  ;  he  was 
thin  in  feature. 

Ci.  How  was  he  dressed  ?  A.  He  had  on  a  grey  shirt, 
I  think;  I  am  not  certain. 

Q.  All  the  remarks  he  made  was  that  one  in  refer- 
ence to  Booth  ?    A.  That  was  all,  sir. 

Q.  Did  Booth  ever  refer  to  his  introduction  by  Sur- 
ratt?   A.  Not  at  all,  sir. 

Testiuioiiy  of  Rnfns  Stables. 

Eufus  Stables  sworn.— Q.  Do  you  live  in  Washing- 
ton city?    A.  Yes  sir. 

Q.  What  is  your  business?  A.  I  keep  livery  stable 
only. 

Q.  State  whether  you  were  acquainted  with  Booth"? 
A.  Yes  sir. 

Q.  Also  with  Surratt?    A.  Yes  sir. 

Q.  Also  with  Atzeroth?    A.  Yes  sir. 

Q.  Did  you  see  them  together  at  your  stable  7  A.  Yes, 
trequently. 

Q.  During  what  month?  A.  Down  to  about  the  2lst 
or  29th  ot  April. 

Q.  March  you  mean?    A.  Yes  sir,  March. 

U.  Were  they  unusually  intimate?  A.  Thev  would 
come  together  three  or  four  times  a  day  sometimes. 

Q.  Did  they  keep  horses  there?    A.  Surratt  kept  two. 

U.  Did  he  allow  Alzeroth  to  use  his  horses?  A.  No 
sir,  herodoout  occasiouuUy  with  him. 

Q.  Did  you  ever  see  this  note,  "Mr.  Howard  will 
please  let  Atzeroth  have  my  horses  and  also  my  gloves 
whenever  he  wishes  to  ride?" 

Q.  Who  is  Mr.  Howard?  A.  He  is  the  proprietor  of 
the  stable. 

Q.  Do  you  know  whether  under  that  order  he  rode 
Surratt's  horse?  A.  Several  times;  but  after  that  date 
I  think  the  order  was  rescinded. 

Q.  I.,ook  at  that  paiier,  and  see  if  you  can  identify  it 
in  any  way?  A.  I  know  this  note;  it  came  through  my 
hand^. 

Q.  How  did  the  note  reach  the  hands  of  Howard?  A. 
It  was  sent  by  Mr.  Surratt,  and  I  put  it  on  hie. 
Q.  Did  you  let  the  horse  go.  accordingly?  A.  Yes  sir. 


Q.  Do  you  remember  what  Atzeroth  said  in  regard 
to  Surratt's  visit  to  Richmond?  Dia  he  speak  to  you  of 
his  having  been  there,  or  of  any  trouble  he  was  ir- 
volved  in  in  consequence?  A.  He"toldme  he  hadbem 
to  Ilichmond  and  coming  back  got  into  diUicnlty,  snd 
that  the  detectives  were  after  him. 

Q.  Do  you  remember  what  time  that  was  in  i>pril7 
A.  In  the  early  part. 

Q.  Did  Atzeroth  himself  hire  horses  of  you?  A.  No 
sir.    I  think  not  at  that  stable. 

Q.  Did  he,  or  did  he  not  take  away  a  horse  blind  of 
an  eye?    A.  Yes;  under  the  owners  orders. 
Q.  Who  was  the  owner?    A.  Surratt. 
Ci.  When  did  he  take  that  horse  away?    A.  On  tho 
31st;  it  was  paid  for  on  the  2nth. 

Ci.  Describe  the  animals  taken  ?  A.  They  were  both 
bay:  one  was  darker  than  the  other;  the  one  that  was 
blind  of  one  eye  was  the  smaller  horse. 

Q.  Were  you  paid  for  keeping  them?  A.  Yes;  Booth 
paid  their  keep. 

Ci.  Did  you  see  the  horse  afterwards?    A.  Yes;  at  tho 
stable;  he  took  him  there  to  sell  him  to  Mr.  Howard. 
Q.  Who.  Atzeroth?    A.  Yes;  and  he  took  him  away. 
Ci.   Who  claimed   the  horses?    A.  Surratt;   Surratt 
claimed  them.  Booth  paid  for  their  keeping,  and  Atze- 
roth took  them  away:  there  was  another  gentleman 
who  came  and  rode  with  one  of  them  away. 
Q.  Who  was  he?    A.  I  don't  know. 
Q.  Do  you  think  you  would  recognize  the  horse  that 
was  blind  of  one  eye,  if  you  were  to  see  him?    A.  Yea 
sir. 

The  Assistant  Judge  Advocate  then  ordered  that  the 
witness  be  taken  in  an  ambulance  to  see  the  iiorse  of 
Nmteenth  and  I  streets ;  the  Judge  Advocate-Cieneral 
remarking  that  they  wished  to  examine  him  further 
when  he  returned. 

Testimoiiy  of  Peter  Flatterkelt. 
Peter  Flatterkelt,  sworn— By  Judge  Holt— Q.  Please 
state  to  the  Court  whether  you  knew  J.  Wilkes  Booth. 
A.  Yes. 

Q.  What  is  your  business?  A.  I  keep  a  restaurant 
near  Ford's  Theatre. 

Q.  State  whether  or  not  you  saw  Booth  in  your 
restaurant  on  the  evening  of  the  nth  of  April.  A. 
Yes;  he  was  there  just  about  ten,  or  a  little  after,  that 
night. 

Ci.  State  what  occurred,  and  under  what  circumstan- 
ces you  saw  him?  A.  He  just  walked  into  tne  bar. 
and  called  for  some  whisky;  1  handed  him  thebottleof 
whisky  and  a  tumbler;  I  did  not"give  biia  water  at 
once,  as  is  usual;  he  called  for  water,  and  I  gave  it  to 
him;  he  put  some  money  on  the  counter,  and  went 
right  out. 

Q.  Was  your  restaurant  under  Ford's  Theatre?  A. 
It  is  on  thissideof  Ford's  Theatre,  adjoining  it. 

Q.  Did  j-ou.observe  where  he  wentfroui  tliere?    A.  I 
only  observed  him  to  go  out  from  the  bar. 
Q.  Was  he  alone?    A.  Yes,  sir. 
Q.  Was  he  there  in  the  afternoon  ?   A.  I  did  not  see 
him. 

Q.  How  many  minutes  was  it  after  he  went  out  be- 
fore you  heard  tlie  report  of  a  pLstol?  A.  I  did  not 
hear  the  report  of  a  pistol. 

Q.  How  long  before  you  heard  the  President  was  as- 
sassinated? A.  I  think  from  eight  to  ten  minutes,  as 
near  as  I  can  come  at  it. 

Q.  Are  you  acquainted  with  the  prisoner  Harold?  A. 
Yes  sir. 

Q.  When  did  you  see  him?  A.  I  saw  him  either  the 
night  of  the  murder  or  the  night  previous  to  that;  he 
came  into  my  place;  I  was  behind  the  bar,  and  he 
asked  me  if  John  Booth  had  been  there  that  afternoon; 
I  told  him  I  had  not  been  there  myself  all  that  alter- 
noon;  heaskedif  I  had  not  seen  liim,  and  I  said  no; 
he  then  went  right  out. 

Cross-examined  by  Mr.  Stone.— Q.  You  cannot  fix 
distinctly  whether  this  was  on  Thursday  or  Friday? 
A.  I  cannot. 

d.  Were  there  not  two  other  gentlemen  with  Har- 
old the  evening  he  came  to  your  place?  A.  I  did  not 
see  them. 

Q.  Did  become  alone?  A.  I  think  he  came  alone; 
there  may  have  been  some  one  outside  of  the  restau- 
rant, but  I  did  not  see  any  one  come  in. 

Ci.  How  long  have  you  known  Harold?  A.  Ever 
since  ho  was  a  ooy. 

Q.  What  time  in  the  evening  did  you  see  him  on 
this  occasion?  A.  I  judge  it  must  have  been  between 
six  and  seven  o'clock,  as  near  as  I  can  recollect. 

Testimomy  of  James  M.  K.ye. 

Sergeant  James  M.  D.ve  sworn— By  Judge  Holt.  Ci. 
State  whether  or  not  on  the  evening  of  the  14th  of 
April  last,  .vou  were  standing  in  front  of  Ford's  Thea- 
tre, and  if  so,  at  what  lime?  A.  I  was  sitting  in  Iront 
of  Ford's  Theatre  about  half-past  nine  on  that  night. 

Ci.  State  whether  or  not  you  observed  several  pei^ 
sons  whose  appearance  excited  your  suspicions,  con- 
ferring together  on  the  pavement  in  front  of  the  thea- 
tre.   A.  Yes  sir. 

Q.  Describe  their  appearance  and  what  they  did- 
A.  The  tirst  that  attracted  my  notice  was  an  elegantly 
dressed  gentleman  that  came  out  of  the  passage 
and  commenced  conversing  with  a  rough  looking 
ijart}-;  thcu  Uiere  was  another  joined  them  and  the 


TRIAL   OF   THE   ASSASSINS   AT  WASHIXGTOX. 


3T 


thrpe  converseii  tosether;  after  they  had  conversed  a 
while  and  it  was  drawing  near  the  end  of  the  second 
act,  the  well  dressed  one,  who  appeared  to  be  the 
leader,  said;— "I  tliink  he  will  come  out  now,''  re- 
ferring. I  supposed,  to  the  President. 

Q.  Was  I  he  President's  carriage  standing  there?.  A. 
Yes:  the.v  waited  awhile,  and  several  gentlemen  came 
down  and  went  into  the  saloon  below  and  had  drinks; 
then  aitor  they  wont  up  the  best  dressed  gentleman 
stepped  into  tne  saloon  and  waited  long  enough  to  take 
a  drink.  He  came  out  in  a  style  as  thon-jli  ho  was  be- 
co;niiig  intoxicated  and  stepped  up  and  whispered  to 
th  >  roughe->t  looking  one  of  the  three,  and  went  into 
the  passage  that  leads  Irom  thestase  to  the  street. 

'f  lien  the  smallest  one  stepped  up  just  as  the  well- 
dressed  one  apiieared  again  and  callei  out  the  time. 
He  started  up  tlie  street  and  remained  awhile,  and 
came  down  again,  and  ailed  the  time  again.  Then  I- 
began  to  think  therec  was  something  wrong.  Pre 
seutly  he  went  up  and  called  the  time  again,  louder 
than  be;ore.    I  think  It  was  ten  minutes  after  ten. 

Q.  He  was  announcing  it  to  them  all,  was  he  not? 
A.  Yes  sir.  Then  he  started  at  a  fast  walk  up  the 
street;  the  best  dressed  one  then  then  went  inside  the 
theatre.  I  started  for  a  saloon,  and  had  just  time  to 
get  d.jwn  to  it  and  order  oysters,  when  a  man  came 
running  in  and  said  the  President,  was  shot. 

Q.  Do  you  recognize  the  well  dressed  person  from  the 
photograph  I  now  show  you'?  (Photograph  of  Booth 
shown  witness.)  A.  That  is  the  man;  his  moustache 
was  heavier  and  his  beard  longer  though. 

Q.  Di)  you  recognize  bis  features?  A.  Yes;  that  is 
the  man,  ''. 

Q.  Which  restaurant  did  the  well-dressed  man  go 
into?  A.  Into  the  restaurant  just  below  the  theatre 
towards  the  Avenue. 

Q.  Did  he  go  in  therealone?    A.  Yes. 

Q.  I  wish  you  to  give,  if  you  can,  a  more  particular 
description  of  this  rough  looking  man ;  what  was  his 
size;  what  gave  him  the  ruffianly  appearance  you 
spoke  of;  was  it  his  dress?  A.  He  was  not  as  well 
dressed  as  the  rest  of  them. 

Q.  W^as  he  shabbily  or  dirtily  dressed?  A.  His  clothes 
were  more  worn  and  shabby. 

Q.  Was  he  a  stout  man?    A.  Yes,  rather. 

Q.  Which  way  did  he  go?  A.  He  remained  at  the 
passage,  while  the  other  one  started  up  the  street. 

Q.  The  time  was  announed  to  these  other  two  men, 
three  tianes.  was  it?    A.  Yes  sir. 

Q.  Did  he  immediately  go  into  the  theatre  after  an- 
nouncingthetimeon  the  last  occasion?    A.  Yessir. 

Q.  Wilt  you  look  at  the  persons,  ana  see  wheheryou 
recognize  any  of  them  as  persons  you  saw  on  that 
ooca'^ioii?  A.  If  that  man  (pointing  to  Spangler)  had 
a  moustache,  he  has  exactly  the  ap])earance  of  the 
rough  looking  man  standing  at  the  end  of  the  passage. 
It  was  rather  dark,  and  I  could  nut  see  him  distinctly; 
but  he  had  a  moustache. 

Q.  You  state  that  the  last  call  was  made  ten  minutes 
after  ten.  Can  you  state  when  the  other  calls  were 
made?  A.  Thej'  were  all  made  between  half  past  nine 
and  ten  minutes  past  ten. 

Q.  Do  you  think  you  recognize  either  of  the  other 
persons  here  as  among  the  ones  you  liave  mentioned  ? 
A.  No,  the  third  one  was  a  very  neat  gentleman,  well 
dressed,  and  with  a  moustache. 

Q.  You  do  not  see  him  here?  No  sir;  he  was  better 
dressed  tlian  any  one  I  see  here:  he  wore  one  of  those 
fashionable  hats  they  were  in  Washington,  with  round 
tops  and  stiff  brims. 

Q.  Can  you  describe  his  dress  in  color?  A.  No  not 
exactly. 

Q.  How  was  he  in  regard  to  his  size?  A.  Not  very 
large;  about  0ve  feet  six  inches  high. 

Q.  And  you  have  never  seen  that  man  before  or 
since?    A.  No,  never. 

Q.  Do  you  remember  now  the  color  of  his  clothes? 
A.  His  coat  was  a  kind  of  a  dead  color;  his  hat  was 
black. 

Q.  Did  you  observe  these  men  whether  any  of  them 
had  spurs  on?    A.  I  did  not  observe  that. 

Examinedby  Mr.  Ewing.— Q.  Hcjwiongdid  you  ob- 
serve the  slouehyman?  A.  While  I  was  sitting  there 
until  I  left:  I  was  there  from  twonty-tive  minutes  or 
half-alter  nine  till  the  last  time  was  called. 

Q.  Was  the  slouchy  man  there  during  the  whole  of 
that  time?  A.  He  remained  at  the  passage  during  the 
Whole  of  that  time. 

Q.  Will  you  please  describe  the  several  articles  of 
dress  as  nearly  as  you  can?  A.  I  cannot  particularly; 
it  was  so  dark. 

Q.  Could  you  see  his  countenance?    A.  Yes. 

Q.  Could  you  see  the  color  of  his  eyes?  A.  I  did  not 
Observe  that. 

Q.  Didyou.noticethecolorof  his  moustache?  A.  His 
moustache  was  black, 

Q.  Did  j'ou  observe  the  color  of  his  hair?  A.  No.  I 
did  not:  he  remained  in  one  position. 

Q.  Whatkindofahathadhe?  A.  A  slouch  hat,  that 
had  been  worn  some  time. 

U.  Had  he  an  overcoat?    A.  Idid  not  observe. 

Q.  Did  you  notice  anything  as  to  the  color  of  his 
coat  ?  A.  I  did  not;  I  witnessed  the  well-dressed  man 
whispering  to  him. 

Q.  Where  did  he  stand  ?  A.  Eight  at  the  end  of  the 
passage  on  the  pavement. 


Q.  Near  the  President's  carriage  ?  A.  No:  the  Presi- 
dent's carriage  was  near  the  curbstone. 

Q.  Did  he  keep  the  same  position  during  the  whole 
of  this  time?  A.  Yes;  the  man  with  the  slouch  dress 
did. 

Q.  Which  way  did  Booth  enter  the  theatre  the  last 
time?    A.  He  jirst  stepped  into  the  front  door. 

Q.  Did  you  see  the  man  with  the  slouch  dress  stand- 
ing thereat  that  time?  A.  When  Booth  whispered  to 
him  and  left  him,  I  did  not  see  him  change  his  posi- 
tion: I  was  observing  Booth. 

Q.  You  do  not  know  whether  the  man  with  the 
slouch  dress  stood  ther>e  alter  Booth  went  into  the 
theatre  or  not?    A.  I  do  not. 

Q.  Are  you  sure  he  did  not  go  out  on  the  pavement 
before  Booth  went  in?  A.  I  do  not  recollect  his  going 
out  on  the  pavement. 

Q.  WhatHrst  attracted  your  attention  to  that  man? 
A.  I  observed  the  well  dressed  gentleman  speaking  to 
him. 

Q.  When  did  you  notice  that  first?  A.  About  twenty- 
five  minutes  or  half-past  nine. 

Q.  How  long  after  Booth  entered  the  theatre  was  it 
that  you  heard  the  news  of  the  assassination?  A.  I 
could  not  tell  positively;  it  might  have  been  fiiteen 
minutes:  it  may  have  been  less. 

Q.  State  wuat  you  done  in  the  meantime?  A.  I 
started  down  and  went  around  the  corner  and  into  a 
saloon,  debated  a  while  which  saloon  to  go  into;  I  had 
only  just  got  in  and  had  oj'sters  ordered. 

Q.  About  Jiow  tall  do  you  think  the  man  with  the 
slouch  clothes  is?  A.  He  was  about  five  feet  eight 
inches. 

By  the  Court.— Q.  I  understand  you  to  say  that  the 
prisoner  you  have  identified  (Spangler)  was  the  -man? 
A.  I  sa.v  that  was  the  countenance  with  a  moustache; 
that  is  the  very  face. 

By  Mr.  Kwing.— Q.  Have  you  seen  the  man  since  the 
assassination  of  the  President  before  now.  A.  Yes;  in 
the  old  Capitol  Prison. 

Q.  In  the  presence  of  what  persons?  A.  Of  the  pro- 
prietor of  the  theatre,  Sergeant  Cooper  and  another 
person. 

Q.  Did  it  seem  to  you  that  he  was  the  man?  A.  All 
but  the  moustache. 

Testimony  of  John  9f.  Bncking^bam. 

John  M.  Buckingham  sworn.— By  Judge  Holt. — 
Q.  In  what  business  were  you  engaged  during  the 
month  of  April  ?  A.  At  night  I  was  door-keeper  at 
Ford's  Theatre;  during  the  day  I  was  employed  in  the 
Navy  Yard. 

Q.  Were  you  acquainted  with  J.  Wilkes  Booth  dur- 
ing that  time  ?  A.  Yes;  I  knew  him  by  his  coming  to 
the  theatre. 

Q.  State  if  yon  saw  him  on  the  evening  of  the  14th  of 
April,  at  what  hour  and  what  occurred?  A.  I  judge  it 
was  about  10  o'clock.  He  came  into  the  theatre  and 
walked  in  and  out  again,  and  he  returned  in  about  two 
or  three  minutes.  He  came  to  mo  and  asked  what  time 
it  was.  Itold  him  to  stepinto  thelobby  leadingintothe 
street,  and  he  could  see.  He  stepped  out  and  walked 
inatthedoor  leading  to  the  iiarquette;  came  out  im- 
mediately and  walked  up  the  stairway  leading  to  the 
dress  circle;  that  was  the  last  I  saw  of  him  until  I  saw 
him  leap  on  tlie  stage  and  run  across  the  stage  with  a 
knifein  his  hand:  he  was  uttering  some  sentence,  but 
I  could  not  hear  what  It  was  so  far  back. 

Q.  He  wenlinto  the  President's  box  did  he?  A.  The 
dress  circle  extends  over  my  door  so  I  could  not  see. 

Cross-examined  by  INIr.  Ewing- Q.  Are  you  ac- 
quainted with  the  prisoner,  Edward  Spangler?  A.  Yes, 
1  have  known  him  at  the  theatre. 

Q.  Did  you  see  him  enter  and  go  out  at  the  front  en- 
trance during  the  day?    A.  No. 

Q.  State  your  position  there.  Is  it  such  that  you 
would  be  likely  to  see  any  person  who  entered  from 
thefrout  of  the  theatre?  A.  Yes.  Every  jierson  has 
to  pass  me  entering  the  lower  part  of  theatre  for  the 
parquette,  the  dress  circle  and  the  orchestra. 

Q.  Did  you  observe  ail  persons  who  came  in?  A.  I 
did  not  take  special  notice  of  them.  I  saw  that  no 
person  came  who  was  not  authorized. 

Q.  If  this  man  Spangler  had  gone  in  from  the  street 
would  you  have  been  likel.y  to  have  soon  him?  A. 
Yes;  he  could  not  have  passed  me  without  my  seeing 
him. 

Q.  Are  you  certain  that  he  did  not  pass?  A.  I  am 
perfectly  satisfied  lie  did  not  pass  in  that  night. 

Q.  Did  you  see  him  that  night  at  all?  A.  Not  to  my 
recollection. 

Q.  Did  you  ever  see  him  wear  a  moustache?  A.  No 
sir,  not  that  I  can  recollect. 

James  P.  Fcrg^nson  Sworn. 

By  Judge  Holt— Q.  State  your  business.  A.  The 
restaurant  business,  No.  452  Tenth  street,  adjoining 
Ford's  Theatre  on  the  upperside. 

Q.  Do  you  know  J.  Wilkes  Booth?    A.  I  do. 

Q.  Did  you  see  him  on  the  evening  of  the  assassina- 
tion of  the  President?  A.  I  saw  him  that  afternoon;  X 
do  not  recollect  exactly  what  time  It  was;  perhaps  be- 
tween tvvo  and  four  o'clock;  he  came  up  just  below 
my  door  in  the  street;  he  was  sitting  on  a  horse; 
I  walked  out  and  saw  Mr.  Maddox  standing  by  the 
horse,  with  hia  baud  ou  the  mane;  he  looked  round 


3S 


TRIAL   OF   THE   ASSASSINS    AT  WASHINGTON. 


and  said  to  me,  '"  Feriruson,  sf>e  what  a  nice  horse  I 
have;  he  will  run  just  like  a  cat;"  with  that  he  stucic 
his  spurs  in  the  horse,  and  run  oir,  and  I  saw  no  more 
of  him  till  that  irght  at  ten  o'clock;  along  in  the  after- 
noon, about  one  o'clock.  I  was  told  that  my  lavorile. 
General  Grant,  was  K^ling  to  be  at  the  theatre,  and  if  I 
■wanted  to  see  him  I  had  better  go:  I  got  a  seat  directly 
opposite  the  President's  box,  in  the  dress  circle: 
I  saw  the  President  and  his  I'amiiy  when  tliey 
came  in  witli  some  gentlemen  in  citizens  clotbes, 
■whom  I  did  not  recognize ;  I  suppo.sed  that 
General  Grant  had  remained  outside,  intending 
to  come  In  alone,  and  not  create  an  excitement  in  the 
theatre,  and  I  made  up  my  mind  that  I  would  see 
him,  and  I  watched  every  oiie  who  passed  around  that 
side  oClhe  dress  circle.  Somewhere  about  ton  o'clock 
I  saw  Booth  pass  around  in  that  direction.  Some- 
thing attracted  my  attention  towards  the  stage.  I 
then  saw  him  push  open  the  door  leaaing  to  the 
boxes.  I  did  not  see  anything  more  of  him  until  I  saw 
him  rush  to  the  front  of  the  box,  and  jump  over,  and 
as  he  jum])ed  I  rould  see  the  kni.e  gleaming  in  his 
hands;  at  that  time  the  President  was  siltmg,  leaning 
on  his  hancU.  towards  the  riglit,  looking  down  on  some 
person  iu  til e  orchestra;  he  was  not  looking  on  the 
Btage;  he  was  looiving  between  the  post  and  the  flag 
decorating  the  box;  as  ho  jumped  over  I  saw  it  was 
Booth:  I  saw  the  fla-h  ot  the  pistol  right  iu  the 
box,  and  heard  him  exclaim  Sir.  fieinjier  Tt/ran- 
nis;  he  ran  right  across  the  stage  to  the  door; 
■where  the  actors  come  in,  and  I  saw  no  more  of  him 
I  ran  as  quickly  as  I  could  to  the  Police  office,  on 
Tenth  street,  and  told  the  Superintendent:  I  then  ran 
up  Tenth  street,  for  the  purpose  of  seeing  General 
Augur,  or  Colonel  Wells;  Colonel  Wells  was  standing 
onthesteis;  I  ti  Id  him  I  had  seen  it  all;  he  told  the 
guard  to  pass  me  in,  and  I  went  in  and  told  him  the 
Story;  I  went  home  and  went  to  bed;  the  next  morn- 
ing I  got  up  and  Mr.  GifFordsaid  to  me  it  wasaliellof  a 
Btatement  I  had  made  last  night,  about  seeing  the  fiash 
of  the  pistol  in  tlie  box,  when  the  pistol  was  fired  out- 
Bide  ol  the  door:  I  told  him  ij  was  tired  inside  the  door, 
and  alterwards  «ent  round  to  the  theatre  to  examine 
the  hole  whore  the  ball  was  supposed  to  have  gone 
through  the  door:  the  hole  was  evidently  bored  with  a 
large  gimlet  and  whittled  with  a  knife;  the  scratches 
of  the  knife  could  plainly  be  seen. 

Q.  Is  ilr.  Gilford  the  other  carpenter?  A.  Yes  ;  he 
had  charge  of  the  theatre  altogether :  he  was  the  chief 
carpenter  and  had  full  charge  there,  as  I  always  un- 
derstood. 

Q.  Was  the  President's  box  on  the  south  side  of  the 
theatre  ?  A.  Yes  ;  he  always  had  the  same  box,  every 
time  I  saw  him  tliere. 

Q.  L)ia  you  hear  any  other  expression  except  "Sic 
Semper  Tyrannis'?"  A.  I  heard  some  one  call  out  of 
the  box,  I  do  not  know  who,  but  I  suppose  it  must 
have  been  Booth.  ''Revenge  for  the  South!"  just  as  he 
jumped:  as  he  went  over  on  to  the  stage  I  saw  the  Pre- 
sident raise  his  head,  and  saw  Mrs.  Lincoln  catch  him 
by  the  arm:  thin  I  understood  Mr.  Lincoln  had  been 
shot ;  bv  that  time  Booth  was  across  the  stage. 

Q.  Did  Booth's  spur  catch  into  f  he  flag'?  A.  His  spur 
caught  by  the  flag.  It  was  the  blue  part  of  the  Ame- 
rican flag.  As  he  went  over  his  spur  caught  the  mould- 
ing on  the  edge  of  the  box,  and  also  the  flag.  It  tore  a 
piece  of  the  blueoff.  and  carried  it  half  acros  the  stage. 
Thespur  was  on  his  right  heel. 

Q.  Did  you  observe  the  hole  in  the  door  only  enough 
to  see  whether  it  had  been  freshly  cut  out'?  A.  Ivo.sir; 
not  particularl.v;  jailor  noticed  a  hole  cut  In  the  wall, 
looking  as  iidone  by  a  knife  to  admit  the  end  of  a  bar 
of  wood,  with  which  he  had  fastened  the  door. 

Q.  Could  you  observe  the  spur  at  all,  as  to  the  charac- 
ter of  if.'  A.  No,  I  could  not  observe  that;  I  noticed  it 
particularlj".  because  it  caught  in  the  flag  as  he  went 
over  the  boxes. 

Cross-examined  by  Mr.  Ewing.— Q.  Did  yea  see  the 
bar  with  which  the  door  was  fastened.  A.  I  did  not; 
we  could  not  find  it  the  next  day. 

Q.  Did  you  know  spangler,  the  pri.soner?    A.  Yes. 

Q,  Did  you  see  him  on  that  night'?  A.  I  do  not 
recollect  seeing  him.  I  was  in  the  theatre  that  night. 
I  went  iu  about  twenty  minutes  of  eight  o'clock.  I 
■wanted  to  got  there  beore  this  party  came  in. 

Q.  Do  you  know  him  well '?  A.  Yes;  he  worked  in 
the  Theatre. 

Q.  Did  you  ever  see  him  wear  a  moustache  ?  A.  I 
di  not  think  I  ever  did:  I  do  not  think  he  ever  wore  a 
moustache  sidce  I  have  been  there. 


THE  PRIVATE  TESTIMOXT. 

Importaut  Evidence  of  an  (tfficer  of  Gen. 
Jolin<«ton'«t  ^itaif. 

Thetestimonj'  taken  before  the  doors  were  opened  to 
reporters  for  tliu  press  includes  that  of  a  man  who  was 
for  several  years  in  the  military  service  of  the  so-called 
Confederate  States,  employed  in  the  topographical  de- 
partment, on  the  stall' of  General  Edward  Johnston. 
He  was  in  Virginia  in  the  summer  of  1S63,  twenty 
miles  from  Staunton. 

He  became  acquainted  with  three  citizens  of  Mary- 
land, one  of  wiiom  was  Booth  and  the  other  named 
Shepherd,    He  was  asked  by  Booth    and  his   com- 


panions what  ho  thought  of  theprobable  success  of  the 
Confederacy,  and  he  told  them  that  after  such  a  chase 
as  the  Kebels  had  then  got  from  Gettysburg,  he  be- 
lieved it  looked  rather  gloomy. 

Booth  told  him  that  was  nonsense,  and  added: 
"Ifwe  only  act  our  part  right  the  Confederacy  will 
gain  its  independrnce,  and  old  Abe  Lincoln  must  go 
up  the  spout.''  The  witness  understood  by  the  e.xpres- 
sion  "must  go  up  the  spout''  that  it  meant  he  must  be 
killed.  Booth  said  that  as  soon  as  the  Confederacy 
was  nearly  whipped,  that  was  the  final  resource  to 
gain  the  independence  of  the  Confederacy 

The  companions  nf  Booth  assented  to  his  sentiments; 
the  witness  was  at  the  camp  of  the  Second  Virginia 
Regiment,  and  there  was  a  second  meeting  of  P.ebel 
otficers  on  that  occasion.  He  was  not  present  at  the 
meeting,  but  one  of  the  officers  who  was.  stated  its 
purport:  he  believed  that  Booth  was  at  that  meeting: 
The  purpose  was  to  send  certain  officers  on  detached 
service  to  Canada  and  the  borders  to  deliverprisonere, 
to  lay  the  Northern  cities  in  ashes,  and  finally  toget 
after  the  members  of  the  Cabinet  and  kill  the  Presi- 
dent. The  nameof  the  officer  who  gave  him  the  in- 
formation was  Lieutenant  Cockerill. 

Booth  was  associating  with  all  the  officers.  He 
heard  very  often  that  the  assassination  of  the  Presi- 
dent was  an  object  finally  to  be  accomplished.  He  had 
heard  it  freely  spoken  of  in  the  streets  of  Richmond. 
This  necessity  wa,s.geuerally  assented  to  in  theservicej 

A  lady  from  New  York  testified  to  having  met 
Booth  and  a  man  named  Johnson,  and  overheard 
their  conversation.  She  picked  up  two  letters  which 
they  had  dropped,  and  oueAf  them  was  addressed 
"  Dear  Davis,  '  saying  that  tWe  "lot  had  (alien  upon 
him"  to  be  the  Charlotte  C'orda.v  ot  the  nineteenth 
century.  Abe  must  drink  the  cup:  you  can  choose  your 
own  weapons,  the  knife,  the  bullet,  &c.  The  letter  is 
signed  Chas.  Selby. 

Two  other  witnesses  testified  that  they  were  in  Cana- 
da, and  saw  Booth  in  conversation  with  George  San- 
ders, and  believed  the.v  also  saw  Booth  talking  with 
Clay,  Halcomb  and  Thompson. 

Testimony  of  Captain  Theo.  MoGovern. 

B.v  Judge  AdvocateHolt—Q.  Did  you  know  J.  Wilkes 
Booth?    A.  I  knew  him  by  sight. 

Q.  Did  you  see  him  the  night  of  the  assassination  of 
the  President?    A.  Yes. 

Q.  Describe  what  you  saw  on  that  occasion.  A.  I 
was  sitting  on  a  chair  in  tne  little  aisle  b.v  ihe  n^ll 
leading  towards  the  door  o£  the  President's  box  on  the 
night  of  the  murder,  when  a  man  came  who  disturbed 
me  in  my  seat,  causing  me  to  push  my  seat  f(jrward 
to  permit  hlTi  to  pass;  he  then  stepped  about  two  or 
three  feet  from  where  I  was,  and  stood  leisurely  tak- 
ing asurvey  of  the  house;  I  looked  at  him,  because  he 
happened  to  come  almost  in  my  line  of  sight;  betook 
a  small  pack  of  visiting  cards  from>his  pocket,  and  se- 
lecting one  replaced  the  others;  he  handed  the  card  to 
the  President's  messenger,  who  was  sitting  ju-.t  below; 
whether  the  messenger  took  the  card  into  the  box,  or 
after  looking  allowed  him  to  go  in.  I  do  not  know,  but 
in  a  moment  or  two  I  saw  him  go  into  the  box  and 
close  tlie  door  of  the  lobb.v  leading  to  the  box. 

Q.  Did  you  see  him  after  the  pstol  was  fired  ?  A. 
Yes.  Isaw  the  bod.v  of  a  man  descend  from  the  front 
of  the  box  to  the  stage,  and  he  was  out  of  my  sight  in 
a  moment;  in  another  moment  he  re-appoarod,  and 
strode  across  the  stage,  and  as  hepa.ssed  I  saw  the 
gleaming  blade  of  a  dagger  in  his  right  hand. 

Q.  Was  it  a  large  weapon  he  held  in  his  hand  ?  A. 
Yes,  the  blade  I  should  suppose  to  be  five  or  six  inches 
In  length,  from  the  length  of  the  gleam  I  saw. 

Q.  Did  you  see  whether  it  was  Booth  ?  A.  I  know 
Booth,  but  I  did  uot  recognize  him. 

Testimony  of  Major  Henry  R.  Ratbbnn. 

By  Judge  Holt.— Q.  Please  state  to  the  Court 
whether  or  not  you  were  in  the  box  with  the  President 
on  the  night  of  the  assassination.    A.  Yes. 

Q.  Slate  all  the  circumstances  that  came  under  your 
observation  in  connection  with  that  assassin 'tion.  A. 
With  thepermissionof  theCourt,  I  will  say  that  I  pre- 
pared a  little  statement  at  the  time,  which  I  would  like 
to  read  in  preference  of  giving  the  tt,->timi  m*  here.  It 
was  made  when  the  details  were  fresh  iu  my  mind. 
Permission  having  beengiven,  witness  thereupon  read 
the,statemeut  to  the  Court.  This  has  heretolore  been 
published. 

Q.  You  did  not  know  Booth  yourself?    A.  I\  o. 

Q.  Could  vou  recognize  him  from  this  photograph? 
A.  Ishould'bounableto  recognize  him  as  the  man  in 
the  box;  I  myself  have  seen  him  on  the  stage  some 
time  since. 

By  the  Court— Q.  What  distance  was  the  assassin 
froui  the  President  when  you  first  saw  him?  A.  Tne 
distance  from  where  the  President  wsis  sittmg  was  four 
or  tiveleet.  to  the  best  of  my  recollection;  this  mua 
was  standing  between  him  and  the  door. 

By  Judge  Holt— Look  at  that  weapon  and  see  if  it  is 
about  such  a  one  as  arpeared  to  be  used  by  Booth  that 
night.  A.  I  think  it  might  have  made  a  wound  simi- 
lar to  the  one  I  received;  I  could  uot  recognize  the 
knife:  I  simply  saw  the  gleam. 

By  Colonel  Burnett— U-  Did  you  notice  how  the  blade 


TRIAL   OF  THE   ASSASSINS   AT  WASHINGTON. 


39 


was  held  in  the  hanrl  of  the  assa<!Sin?  A.  Tes;  the 
blade  was  held  flat  and  horizontal;  the  entry  of  the 
wound  would  indicate  it  came  with  a  sweeping  blow 
from  above. 

TestJinony  of  WiJIiam  Withers,  Jr. 
Examination  bv  Judge  Holt.— Q.  Do  you   belong  to 
tbeorohostraofFord's  Theatre?    A.  Yes. 

Q.  Were  you  there  the  night  of  the  assassination  ot 
the  President?  A.  Yes. 

Q.  Bid  you  see  J.  Wilkes  Booth  there  that  night?  A. 
Yes. 

Q.  State  what  you  saw.  A.  I  had  some  business  on 
tbesta;ie  with  the  stage  manager,  in  regard  to  a  na- 
tional song  I  had  composed:  I  wanted  to  see  in  what 
costume  tliey  were  going  to  sing  it;  I  learned  from  the 
manai^er  tiidt  the}' would  sing  it  in  th"  costume  they 
wore  lit  the  clo-;e  of  the  piece;  alter  thai  I  was  return- 
ing under  the  stage  tothe  orchestra,  when  I  heard  the 
report  of  a  pistol:  1  was  astonished  that  a  pistol  should 
be  fired  while  playing  The  American  Counin;  I  never 
heard  one  beiore;  just  then  I  met  a  man  running  be- 
fore me:  I  stoiiped,  completely  paralyzed;  I  did  not 
know  what  was  the  matter;  he  hit  me  on  the  leg, 
turned  lue  round,  and  made  two  cuts  at  me,  one  on 
the  neck  and  one  on  the  side:  as  he  went  past  me  I 
said  that  is  Wilkes  Booth;  with  that  he  made  a  rush 
Jor  I  he  door,  and  out  he  went;  just  then  I  heard  the 
cry  that  the  President  was  killed,  and  I  saw  him  in 
thebox,  ajjparently  dead. 

Q.  Which  way  did  he  go  out  of  the  theatre?  A.  Out 
of  theback  dour. 

Cross-examination  by  Mr.  Evving.— Q.  Are  you  ac- 
quainted with  the  prisoner,  Spanghr?  A.  I  have 
known  him  ever  since  I  have  been  in  the  theatre. 

Q.  Did  you  see  him  that  nii;ht?  A.  No,  sir;  I  do  not 
recollect  seeing  him  that  night;  I  only  happened  to  go 
on  the  stage  to  see  the  manager. 

Q.  Which  side  of  the  stage  did  you  go  on?  A.  The 
right  hand  side  lacing  the  audience,  furthest  from  the 
President's  box. 

Q.  What  was  the  position  of  this  man?  A.  His  posi- 
tion ouL'ht  to  have  been  there  when  the  scene  was  to 
be  changed  right  in  the  centre  of  the  stage:  his  busi- 
ness was  to  change  the  scenes,  and  he  ought  to  have 
been  right  behind  the  scenes. 

Q.  On  which  side?  A.  I  do  not  know  on  which  side 
bis  position  was. 

ti.  Do  you  know  whether  the  passage  through  which 
Booth  passed  out  of  the  door  Is  generally  obsTucted? 
A.  Sometimes  there  are  a  great  many  persons  there, 
so  that  you  cannot  pass,  but  that  night  everything 
seemed  to  be  clear;  I  met  nobody  that  night  until  I 
met  Wilkes  Booth. 

Q.  Were  they  pUiying  a  piece  requiring  much  shift- 
ing of  the  scenes?  A.  1  think  at  that  point  of  the  play 
it  couUl  not  be  many  minutes  before  the  scene  would 
require  to  be  changed. 

Q.  W'as  it  a  time  wlien  the  passage-way,  in  the  ordi- 
nary course  of  things,  would  have  been  obstructed? 
A.  Some  of  the  actors  might  have  been  there  wait- 
ing logo  on  the  ne.xt  scene.  (Witness  here  described 
at  lengtu  the  various  localities  in  connection  with  the 
stage.) 

Q.  Did  you  ever  see  Spanglerwear  a  moustache?  A. 
No,  I  have  alwaj's  seen  him  as  he  appears  now;  I  do 
not  think  I  ever  saw  him  with  a  moustache. 

Q.  How  long  have  j'ou  known  him?  A.  Ever  since 
Ford's  Theatre  has  been  going,  nearly  two  years. 

By  Judge  Holt.— Q.  Is  there  not  a  side  way  by  which 
the  theatre  can  be  entered  without  passing  in  from 
the  front?  A.  No,  not  as  I  know  of;  there  is  one  little 
passage  where  the  actors  and  actresses  get  in,  but  that 
is  the  front  way. 

Q.  That  is  used  exclusively  by  the  actors?  A.  Yes 
sir,  it  was  used  when  the  theatre  was  iirst  opened  by 
actors  when  they  wanted  to  go  out  to  take  a  drink 
without  being  observed. 

By  the  Court— Q.  When  you  met  Booth  on  the  stage 
as  he  was  passing  out,  could  you  see  the  door  as  be 
went  out?    A.  Yes  sir. 

Q.  Was  there  any  doorkeeper  standing  there   that 
you  cou  id  see?    A .  I  did  not  see  any. 
Q.  Was  the  dour  open?    A.  No,  I  think  not. 
Q.  Was  there  anything  to  obstruct  his  passage  out? 
A.  No. 

Q.  Was  that  not  an  unusual  state  of  things?  A.  It 
seemed  strange  to  me;  it  was  unusual. 

Q.  Was  there  any  check  at  all  at  ihe  door  as  he  went 
out?  A,  No;  it  seemed  to  me  after  he  gave  mo  tlie 
blow  that  knocked  me  down,  and  in  which  became 
very  near  going  under,  he  made  one  plunge  and  was 
out. 

U.  Was  it  your  impression  that  the  door  was  opened 
forhiiu,  or  that  he  opened  it  himseli?  A.  I  don't 
know;  I  tried  it  myself,  to  see  if  it  could  be  opened  so 
easily;  it  surprised  me. 

Q.  Was  it  your  impression  that  some  one  assisted 
bim  in  going  out.  by  opening  the  door?  A  I  did  not 
see  anybody;  I  only  saw  him  go  out. 

Q.  Do  the  scenes  stand  at  this-time  just  as  they  were 
leit,  or  have  they  been  changed?  A.  X  really  do  not 
know. 

Q.  Do  you  say  there  is  no  passage  out  of  the  theatre 
except  in  front?  A.  No;  you  have  to  go  from  the  alley 
round  and  come  in  front. 


Ite-oxaminatioii  of  Stabler. 

By  Judge  Holt.-Q.  State  to  the  Court  whether  since 
your  examination  you  have  been  to  a  stable  in  the 
city  and  found  the  horse  referred  to?    A.  Y'es,  I  have. 

Q.  Do  you  recognize  that  as  the  horse  you  referred 
to?  A.  Yes;  that  is  the  bay  horse  that  Atzeroth  took 
away  on  the  29th  of  March,  and  brought  back  some 
days  afterwards,  for  sale. 

By  the  Court— Q.  That  was  the  horse  held  at  your 
stable  at  the  Surratt  House?  A.  Y'es,  until  Booth  paid 
the  livery  and  took  him  away. 

Q.  Where  is  he  kept  now?  A.  On  the  corner  Of  Se- 
venteenth and  I  streets. 

Q.  Whose  stable  is  it?  A.  A  Government  stable,  by 
Mr.  Doster. 

Q,  Are  you  the  owner  of  the  place  where  these  horses 
were  kept?    A.  No,  sir. 

Q.  What  Was  your  business  there?  A.  The  reception 
of  livery  horses,  the  hiring  to  parties,  and  a  general 
oversight. 

Q.  Are  you  certain  Surratt  owned  these  horses?  A. 
I  supposed  he  did;  he  brought  them  there  in  bis  name 
and  paid  the  iivery. 

Q.  Did  n'lt  you  say  that  somebody  else  paid  the  liv- 
ery? A.  When  they  were  taken  away  tiually  Booth 
paid  it. 

Q  Did  you  not  say  Surratt  paid  the  livery?  A.  Sur- 
ratt paid  down  to  the  end  of  the  month  previous. 

Q.  When  Booth  settled  the  bill,  did  he  claim  the 
horse  as  his?    A.  No. 

Q.  Did  he  state  who  they  belonged  to  at  that  time? 
A.  He  gave  the  order  of  Surratt  to  pay  for  the  horses 
and  take  them  awa}'. 

Q.  You  say  this  horse  you  have  just  described  was 
sold  from  your  stable?  A.  No  sir;  he  was  not  sold;  he 
was  brought  there  on  livery,  and  on  the  2'.itli  of  March 
Bootli  paid  the  livery  for  the  month  ending  March  31, 
andsomedays  afterwards  Atzeroth  brought  them  there 
to  sell. 

Q.  When  did  you  see  this  horse  last  before  to-day? 
A.  About  tlie4th  or  5th  of  April,  when  be  was  brought 
there  to  sell. 

Q.  Have  you  seen  that  horse  in  the  possession  of  At- 
zeroth since  that  time?  A.  Not  since  he  brought  bim 
there  to  sell. 

Testimony  of  Joe  Saniins  (Colored.) 

Examined  by  the  Judge  Advocate.— Q.  What  con- 
nection have  you  at  Ford's  Theatre?  A.  I  have  worked 
there  two  years;  I  went  there  when  I  first  came  to 
Washington. 

Q.  Were  you  there  the  night  the  President  was  as- 
sassinated? A.  I  was  up  at  the  fly  where  they  hang  up 
the  curtains. 

Q.  Did  j-ou  see  Booth  there  that  evening?  A.  I  saw 
him  there  between  Ave  and;Si.x  o'clock. 

Q.  State  wlKM-eyou  saw  him,  and  what  he  did?  A. 
When  I  saw  bim  became  in  the  back  iiart  of  the  stage; 
he  went  out  and  went  into  a  restaurant  beside  the 
tlieatre;  I  saw  him  no  more  that  night  until  alter  the 
jieriormance  commenced;  during  tlie  pirTormance  I 
heard  a  pi-tol  fired,  and  looked  iirimediaiely  to  see 
what  it  was;  I  saw  him  jump  from  the  jirivate  box  on 
to  the  stage  and  make  his  escape  across  the  stage;  I 
saw  no  more  of  him. 

Q.  Who  was  with  him  when  be  went  out  in  the  after- 
noon? A.  There  was  no  one;  Mr.  .Spangler  was  standing 
out  in  front,  and  he  invited  him  in  to  take  a  drink. 

Q.  Is  this  the  man  here,  pointing  to  Spangler?  A. 
Yes.  that  is  the  man. 

Q.  Did  you  hear  anything  said  between  them?  A. 
No;  they  went  in  to  take  a  drink;  that  is  all  I  heard. 

Q.  Did  you  see  Booth  when  he  came  up  back  of  the 
theatre  with  his  horse?  A.  No;  theother  colored  maa 
who  works  with  me^saw  him. 

Q.  Did  you  know  Spangler  very  well?    A.  Yes. 

Q.  Were  he  and  Booth  very  intimate?  A.  T/iey  were 
quite  iiitlmatr. 

Q.  You  saw  them  go  and  drink  together?  A.  Yes; 
that  is  all. 

Cross-examined  by  Mr.  Ewing.— Q.  Had  Spangler 
anything  to  do  with  Booth's  horses  ?  A.  Nothing  more 
tlian  that  he  would  have  them  attended  to  when  BootU 
was  away. 

Q.  He  saw  to  their  being  fed  and  watered,  didn't  he? 
A.  Yes. 

Q.  Was  he  hired  hy  Booth?  A.  No,  not  Spangler;  the 
other  young  man  Booth  hired,  but  I  suppose  Booth 
thought  lie  would  not  do  justice  by  liis  lioiseand  got 
Spangler  to  see  to  it,  when  he  was  not  there. 

Q.  What  positit  n  did  Spangler  hold  in  the  theatre? 
A.  He  was  one  of  til  est  age  managers:  he  shifted  scenery 
at  night  an<l  worked  on  the  stage  during  the  day. 

Q.  What  was  his  position  on  the. sta^o  ar  night  ?  A. 
On  the  right  hand  of  the  stage  as  you  face  the  audience. 

Q.  Thai  was  the  side  of  the  President's  box,  was  it 
not?  A  No;  the  President's  box  was  on  the  left  hand 
side  of  the  stage,  as  you  look  out  opposite  Spangler's 

Q.  Where  was  your  position?  A.  Jly  position  was  up 
in  the  flyers  where  they  wind  the  curiain  up  on  the 
tiiird  story. 

Q.  Did  vou  see  Spangler  that  night  after  five  o'clock? 
A.  Oil,  yes:  he  was  there  on  the  stage  attending  to  his 
business  as  usual. 


40 


TRIAL   OF   THE   ASSASSIXS   AT  WASHIXGTOX. 


Q.  What  time  did  you  see  him?  A.  It  was  in  the  early 
part  of  the  evening:  I  never  inquired  the  time;  we  had 
no  time  up  where  we  were. 

Q.  How  long  did  you  see  him  before  the  President 
•was  shot?  -V,  I  did  not  see  him  at  all  before  the  Presi- 
dent was  shot:  I  was  looking  at  the  performance  until 
I  heard  tlie  report  of  a  pistol. 

Q.  Did  you  see  him  during  the  play  that  night*  A- 
Yes;  he  was  obliged  to  be  there. 

Q.  Did  you  see  him  in  the  firstact?    A.  Tes. 

Q.  Did  you  see  him  in  the  second  act?  A.  I  do  not 
remember  seeing  him  in  the  second. 

Q.  Could  vou  have  seen  him  where  you  were  up  in 
the  fly?  A."  Yes,  sir:  I  .could  see  him  from  my  side 
over  on  aie  other  side  of  the  stage. 

Q.  Was  Spaugler's  place  on  the  opposite  side?  A. 
Tes  sir.  on  the  ooposite  side  below. 

Q.  Were  you  looting  for  i.im  during  the  second  act? 
A.  Xo. 

Q.  Was  he  a  sort  of  assistant  stage  manager?  A.  He 
wa-s  a  regular  stage  manager  to  sbltt  the  scenes  at 
nisht. 

Q.  From  whore  you  were  could  you  see  the  Presi- 
dent'.s  box?    A.  I  could,  plain. 

Q.  What  time  in  the  :irst  act  did  you  see  Spangler? 
A.  Inthelirst  act  I  saw  him  walking  about  the  stage 
looking  at  the  performance. 

Ci.  Had  he  bis  hat  on  ?    A.  No. 

Q.  How  was  he  dressed?  A.  I  could  not  tell  exactly 
what  kind  oi  clothes  he  had  on. 

Q.  Did  he  look  just  as  he  does  now  as  to  his  face? 
A.  Yes.  just  as  natural  as  he  does  now. 

Q.  Did  you  ever  see  him  wear  a  moustache?    A.  Xo. 

Q.  From  where  you  were  on  the  fly  would  not  the 
scenes  chanse  so  that  sometimes  you  could  not  see 
him?  A.  s>ometimes  I  could  only  see  uim  occasionally. 

Testimony  of  Jobn  Sliles  (Colored.) 

Examined  by  Judge  Advocate  Holt.— Q.  State 
whether  you  belong  to  Ford's  Theatre.    A.  I  do. 

Q.  Were  you  there  on  the  night  of  the  assassination 
of  the  President?    A.  Y'es. 

Q.  Did  you  see  J.  Wilkes  Booth  there?  A.  Y'es;  I 
saw  him  when  he  came  there. 

Q.  Tell  the  Court  all  about  what  you  saw?  A.  He 
came  there  about  nine  or  ten  o'clock:  he  brought  a 
horse  up  from  the  stable  down  there  to  the  back 
door,  and  cal'ed  to  JN'fa  Spctngler  to  come  out  r'rom 
the  theatre  three  tunex;  then  .Spangler  came  across  the 
stage  to  him;  alter  that  I  did  not  see  what  became  of 
Booth  any  more  till  I  heard  the  pistol  go  off:  then  I 
■went  up  in  sight  of  the  President's  box;  I  heard  some 
man  say  he  believed  somebody  had  shot  thePresident; 
■when  1  got  there  the  President  had  gone  out,  or  I 
could  not  see  him;  I  went  in  a  moment  to  the  window 
andheard  the  horses'  feet  going  ont  of  the  alley. 

Q.  Did  you  see  anyone  holding  the  horse?  A.  Yes, 
I  saw  the"  boy  after  he  had  called  for  Xed  Spangler. 

Q.  You  do  not  know  what  was  said  between  them? 
A.  No  ;  I  only  heard  him  call  for  Ned  Spangler. 

Q.  You  say  he  came  up  to  thedoor  with  his  horse, 
between  it  and  10  o'clock.  Do  you  know  where  he  kept 
his  horse?  A.  Yes,  in  a  little  "stable  close  by  there:  I 
saw  him  come  from  there  about  3  o'clock  with  Aed 
Spaneiler  and  Joseofi  Maddoi. 

Q.  How  lar  is  the  little  stable  where  he  kept  his 
horse  Irom  the  theatre?  A  I  do  not  think  it  is  more 
than  fifty  yards. 

Cross-examined  by  Mr.  Ewing.— Q.  Was  the  play 
going  on  when  Booth  rode  up  and  called  for  Spangler? 
A.  Y'es:  they  were  just  closing  a  scene,  and  getting 
ready  to  take  off  that  scene;  Spangler  was  pushing  the 
scene  across  the  stage  when  Booth  called  to  him  three 
times. 

Q.  ^Vlle^e  were  you?  A.  I  was  up  on  the  fly,  three 
stories  and  a  half  from  the  stage. 
Q.  In  what  act  was  that  ?  A.  I  think  In  the  third  act. 
Q.  How  long  before  the  President  was  shot?  A.  The 
President  came  in  in  the  first  act ;  I  think  it  was  in  the 
thir.l  act  he  wasshot ;  Irom  the  time  he  brought  the 
horse  there  until  he  was  shot  I  think  was  about  three- 
quarters  of  an  hour. 

Q.  Do  you  know  who  held  the  horse  ?  A.  John  Pea- 
nut held  the  horse  from  the  time  Booth  held  him  until 
he  went  away;  every  time  I  saw  him  John  was  hold- 
ing the  horse. 

Q.  Was  John  Peanut  there  when  Booth  came  up?  A. 
Ididr.otSL't'him  there;  there  was  no  one  there  when 
Booth  Came  up. 

Q.  Do  yoi  know  whether  Spangler  went  out  of  the 
door  when  Booth  called  him?  A.  Ue  ran  across  the 
stage ;  X  d.d  not  see  ihem  go  out. 

Cl.  How  long  did  Spangler  stay  there?  A.  I  do  not 
Know ;  the  next  time  I  looked  this  boy  was  holding 
the  horse. 

Q.  How  long  was  this  after  he  called  .Spangler  ?  A. 
Perhaps  ton  or  liiieen  minutes. 

Q.  Do  you  know    what   spangler  had   to  do  with 
Booth?    A.  No;  he  a[)i)eared  to  be  familiar  with  him. 
Q.  Did  Booth  treat  him?    A.  I  never  Siiw  him  treat 
him. 

C>.  Did  Spangler  have  anything  to  do  with  Booth's 
horses?    A.   1  have  seen  him  ho;d   them  up  at   the 
stables. 
Q.  Did  you  know  anytliing  about  his  hitching  the 


horses  or  holding  them  np?  A.  No,  sir:  I  never  saw 
him  hitch  them  up  to  the  buggj-;  -Tohn  Peanut  always 
did  that. 

Q.  Do  you  know  what  place  Snangler  occupied  on  the 
stage?  A.  On  the  right  hand  >'i(le,  next  to  E  street;  on 
the  side  the  President's  box  was. 

Q.  Could  you  see  him  from  where  you  were,  three 
stories  above?  A.  Y'es;  I  could  see  right  straight 
through  the  scenes  on  that  side  of  the  stage:  I  always 
saw  him  at  work  on  that  side. 

Q.  Was  he  on  that  side  when  Booth  called  him?  A. 
Y"es. 

Q.  'WTiat  was  Spaugler's  business  there?  A.  To  shiit 
the  scene?  at  night  across  the  stage. 

Q.  Was  there  another  man  shifting  them  from  the 
other  side?  A.  Yes,  there  was  a  man  opposite  to 
him. 

Q.  Did  you  see  Spangler  after  Peanut  John  held 
Booth's  horse?  A.  I  never  saw  him  any  more  until  I 
came  down  after  the  President  was  shot;"  Spangler  was 
then  outside  of  the  same  door  Booth  went  out  at. 

Q.  Were  the  others  out  there?  A.  Yes.  there  were 
some  more  men  out  there;  I  did  not  notice  who  they 
were. 

Q.  Men  of  the  theatre?  A.  Yes;  men  who  were  at 
the  theatre  that  night:  there  were  strangers  there  too. 

Q.  How  many  men  were  out  at  the  back  door  at  that 
time?  A.  Not  more  than  three  or  four  when  I  came 
down;  I  came  down  in  a  very  short  time  alter  I  un- 
derstood what  it  was;  I  asked  Spangler  who  it  was 
that  held  the  horse;  he  told  me  not  to  say  anything;  I 
knew  it  was  the  same  person  who  brought,  the  horse 
there  that  rode  him  away. 

Q.  Could  you  see  Spangler  all  the  time  that  he  was 
on  the  stage?  A.  When  he  was  working;  in  that  time 
I  could  see  him. 

Q,.Did  you  look  at  him  that  night?  A.  I  did  not  no- 
tice him  particularly  that  night  any  more  than  I  usual- 
ly did:  I  would  not  have  noticed  "him.  had  not  Booth 
called  him. 

Q.  Y'ou  do  not  know  whether  he  was  on  that  night 
or  not?    A.  He  was  when  I  saw  him. 

Q.  What  was  it  you  asked  Spangler  when  you  came 
down?  A.  I  asked  him  who  it  was  holding  the  horse 
at  the  door:  he  told  me  to  hush,  and  not  say  anything 
at  afl  to  him;  and  I  never  said  any  more  to  hiin. 

Q.  Was  he  excited?    A.  He  appeared  to  be. 

Q.  Was  every  person  excited?  A.  Everybody  ap- 
peared, very  much  excited. 

Q.  Did  you  not  say  he  replied  to  you  hush,  and  not 
say  anything  to  him?  A.  I  should  have  said  he  told 
me  not  to  say  anything  about  it. 

Q.  Do  you  know  Spangler  well?  A.  I  know  him 
when  I  see  him. 

Q.  Did  you  ever  see  him  wear  a  moustache?  A.  No 
sir,   I  do  not  think  I  ever  saw  him  wear  a  moustache. 

By  Judge  Holt— Q.  This  remark  which  he  made  to 
you,  "hush,  do  not  say  anything  about  it,"  wsis  imme- 
diately after  the  killing  of  the  President,  wasn't  it? 
A.  Yes,  right  at  the  door,  as  I  went  out. 

Q.  Did  he  make  any  further  remarks  as  a  reason 
why  you  should  not  say  anything  to  him?  A.  No,  not 
a  word  to  me, 

Q.  Did  you  see  Booth  go  out  of  the  door?  A.  No:  I 
heard  the  horse  go  out  of  thealley;  which  way  he  went, 
right  or  left,  I  cannot  tell;  I  heard  the  rattling  of  his 
feet  on  the  rocks  in  the  alley. 

Q.  Was  the  door  left  open  at  that  time  when  Booth 
had  gone  out?  A.  It  was  open  when  I  went  down; 
whether  it  was  open  from  the  time  he  went  out  I  ,'o 
not  know;  1  had  come  down  three  stories  before  reach- 
ing the  door. 

Q.  Do  you  know  of  anybody  who  probably  heard 
your  remark  to. Spangler.  and  his  reply?  A.  No  sir:  X 
do  not  know  that  any  person  was  noticing  it  at  all; 
there  were  a  good  many  persons  round  by  the  court. 

Q.  When  Booth  called  to  Spangler,  the  first  time,  did 
you  see  where  he  was?  A.  No,  when  he  called  the 
first  time  I  did  not  notice  where  he  w.is;  when  he 
called  the  second  and  third  times  I  noticed  where  he 
was  standing. 

Q.  Where  did  he  go?  A.  He  went  towards  the  door; 
and  got  underneath  the  fly.  so  that  I  could  not  see  him 
any  more  until  I  looked  out  of  the  window. 

Q.  How  long  was  he  with  Booth?  A.  I  could'nt  tell 
I  never  saw  him  anymore  until  I  came  downstairs 
from  the  fly. 

Q.  When  Spangler  told  yon  to  hush  and  not  say  any- 
thing about  it.  was  he  near  the  door?  A.  He"was,"l 
suppose,  a  yard  and  a  half  from  the  door. 

Q.  '\Va-!  anybody  else  near  the  door?  A.  Not  as  I 
know  of;  there  was  nobody  between  him  and  me  and 
the  door. 

Q.  Did  he  have  hold  of  the  door  at  the  time?  A.  No, 
he  was  walking  acros.s  in  front  of  the  door. 

Q.  Was  anybody  else  between  him  and  the  door? 
A.  No. 

Q.  Was  it  light  or  dark?  A.  It  wa.s  right  dark;  it  w.as 
a  dark  night  any  way,  and  there  was  no  light  right 
there. 

Cross-examined  by  Mr.  Ewing.— Q.  Were  you  and 
Spangler  ins.de  the  door  or  omsiae?    A.  Outside. 

Q.  Where  were  the  other  people  wuo  you  say  were 
about  there?  A.  Standing  jast  around;  some  of  them 
a  little  further  from  the  door;  I  was  between  these  peo- 
ple and  the  door;  they  were  in  the  alley. 


TRIAL   OF  THE  ASSASSINS   AT  WASHINGTOK 


41 


By  the  Court.— Q.  Did  they  appear  to  be  guarding 
that  door?    A.  Ko. 

Q.  Did  he  act  as  if  he  was  trying;  to  prevent  persons 
flrom  getting  in  and  out  of  the  door?  A.  No;  he  ap- 
peared to  be  very  much  excited;  tliatwas  all  I  noticed; 
at  that  time  Booth  had  gone  out  of  the  alley. 

Testimony  of  Jobn  Selecman. 

By  Judge  Holt.— Q.  Are  you  connected  with  Ford's 
Theatre?    A.  I  am. 

Q.  Were  you  present  on  the  night  of  the  President's 
assassination?    A.  I  was. 

Q.  Did  you  knt'W  J.  Willies  Booth?    A.  Yes. 

Q.  Did  yen  or  did  you  nut  see  him  on  that  night;  if 
Bo,  at  what  hour,  and  under  what  circumstances  ?  A. 
I  saw  liim  about  nine  o'clock;  he  came  up  on  a  horse 
to  the  back  door  of  the  theatre;  Spangler  was  standing 
there,  and  Booth  .said,  "Help  me  all  you  can,  won't 
you  ?  he  replied,  '•  Oh,  yes." 

Q.  Did  lie  say  that  as  he  came  up  to  the  door  on  his 
horse  ?    A.  Yes,  when  he  came  up  on  his  horse. 

Q.  Was  that  the^  first  remark  he  made?  A.  The 
first  words  I  lieard  him  say  were:  "  JS'cd,  help  me  all 
yOH  can,  voii't  i/ou?'' 

Q.  How  long  "was  that  before  tlie  President  was  shot? 
A.  About  an  liour  and  a  half,  I  should  judge. 

Q.  Did  you  observe  the  horse  afterwards  ?  A.  No,  I 
did  not. 

Q.  You  did  not  see  Booth  in  front?  A.  I  just  caught 
a  glimpse  of  him  as  he  was  going  out  of  the  first  en- 
trance, right  hand  side. 

Q.  What  hour  did  you  see  him  going  out  at  that  en- 
trance? A.  It  was  half-past  ten,  I  judge,  after  he  shot 
the  President, 

Q.  Do  you  mean  tnat  he  went  out  of  the  back  door  ? 
A.  Yes. 

Cross-examined  by  Mr.Ewing— Q.  Did  your  hear  liim 
calling  Spangler?  A.  No;  the  first  I  heard  him  say 
was  ■■  Help  me  all  j'ou  can." 

Q.  Where  was  that?    A.  Out  of  the  back  door. 

Q.  Did  you  see  Booth  ride  up?  A.  No  sir;  the  horse 
was  standing  there. 

Q.  Wasanybody  holding  the  horse  then?  A.  I  didn't 
see  anybody  at  all. 

Q.  Did  you  see  the  horse?  A.  Yes;  I  could  not  see 
whether  anybody  held  him  or  not,  it  was  so  dark. 

Q.  What  is  your  place  iu  the  theatre?  A.  Assistant 
property  man. 

Q.  What  is  your  position  on  the  stage?  A.  We  have 
to  set  the  furniture  and  all  such  work  as  that,  on  the 
Btage. 

Q.  AVhat  was  Spangler's  position  on  the  stage?  A. 
Stage  carpenter. 

Q.  Was  he  the  principal  carpenter?  A.  No.  Gilford 
was  the  principal  carpenter;  Spangler  was  hired  by 
Gilford. 

Q.  What  was  his  duty  during  the  performance?  A. 
To  shift  the  scenes. 

Q.  On  which  side  was  his  position?  A.  I  do  not 
know. 

Q.  Were  you  about  that  night?    A.  Yes. 

Q.  Were  you  on  the  stage  during  the  whole  day? 
A.  Except  that  I  went  down  to  the  apothecary's  store 
once,  and  I  believe  I  was  before  that  in  a  restaurant 
next  door. 

Q.  Did  you  notice  the  employees  so  that  you  could 
say  whether  .Spangler  was  there  through  the  pla.v? 
A.  No,  1  could  not;  X  saw  him  alter  the  assassination; 
he  was  standing  on  the  stage;  he  had  a  white  handker- 
chief in  his  hand,  and  appeared  to  be  wiping  his  eyes. 

Q.  Was  he  crying?    A.  I  do  not  know. 

Q.  How  long  was  that  after  the  President  was  shot? 
A.  About  ten  minutes. 

Q.  Did  not  Siiangler  frequently  have  Booth's  horses? 
A.  I  didn't  .see  him  at  all, 

Q.  Was  Booth  a  habitue  at  the  theatre?  Did  he  go 
back  and  forth  Irequently?    A.  Y''es. 

Q.  Was  he  fanailiar  with  the  actors  and  employees? 
A.  I  think  he  was. 

Q.  Knew  them  all  pretty  intimately?    A.  Yes. 

Q.  Did  he  not  have  access  to  the  theatre  at  all  times? 
A.  Yes. 

Q.  And  went  behind  the  scenes  in  the  green-room  ? 
A.  Yes,  anywhere  at  all  about  the  theatre. 

Q.  Is  Spangler  a  drinking  man?    A.  I  think  he  is. 

Q.  Did  Bootli  tie.it  liim  much  ?    A.  I  don't  know. 

Q.  Were  you  round  in  front  of  the  theatre  at  any 
time  during  the  periormauce?  A.  Yes,  I  was  on  the 
pavement  in  front. 

Q.  Did  you  see  anything  of  Spangler  in  front?  A. 
Ko. 

Q,.  At  what  time  were  you  there?  A.  I  waa  there 
f^oui  about,  or  half-past  7  o'clock,  until  after  the  assas- 
sination. 

Q.  Did  you  know  the  people  who  were  about  there  ? 
A.  No. 

Q.  If  Spangler  had  been  there  would  you  probably 
bave  noticed  him  ?    A.  I  guess  I  would. 

Q.  Did  you  notice  the  President's  carriage  there ! 
A.  Yes. 

Q  Did  you  ever  see  Spangler  wear  a  moustache?  A. 
No,  I  don't  think  I  ever  did;  1  have  seen  him  wear 
side  whiskers. 

Q.  How  was  his  face  at  that  time?  A.  I  think  he 
yras  smooth  shaved. 


Q.  You  say  you  were  in  front  of  the  theatre  con- 
stantly?   A.  Oh  no;  not  constantly. 

U.  But  frequently?  A.  No  sir;  I  got  to  the  theatre 
about  half-past  seven  or  eight  o'clock,  and  was  about 
tlie  theatre  until  after  the  assassination;  I  was  in  front 
two  or  three  times. 

Q.  Were  you  there  during  the  third  act?  A.  No;  I 
was  on  the  stage  during  the  third  act. 

Ci.  Were  you  in  front  during  the  second  act?  A.  I 
think  I  was  in  the  restaurant  next  door. 

Q.  How  long  before  tne  close  of  the  second  act?  A. 
About  ton  or  fifteen  minutes. 

Q.  And  you  think  if  Spangler  had  been  there  yon 
would  have  seen  him?    A.  Yes. 

By  the  Court.— Q.  How  did  you  get  from  the  rear  to 
the  iront  of  the  theatre?  A.  There  is  aside  entrance 
from  the  alley. 

Q.  You  didnot  go,  then,  through  the  frontdoor?  A, 
No. 

Q.  Did  you  see  Booth  in  front  of  the  theatre?  A.  X 
saw  him  that  afternoon  between  4  and  5  o'clock  iu  a 
restaurant  iie.xt  door;  he  with  several  others  were 
there  drinking;  I  saw  Ned  Spangler,  Maddox,  Booth, 
Peanuts,  and  a  young  gentleman  by  the  name  of  3Ial- 
deu,  were  there;  Maddox  aski'd  me  if  I  would  not  take 
a  drink;  I  said  yes,  aud  went  up  and  took  a  glass  of 
ale. 

Q.  You  did  not  see  Booth  out  on  the  pavement  when 
you  were  out  on  the  pavement  that  night?  A.  Not 
alter  he  rode  up  that  alternoon. 

Cro.ss-examined  by  Mr.  Ewing.— Q.  How  far  were 
you  from  Booth  and  Spangler  when  Bootn  made  the 
remark  you  h.ave  stated?  A.  About  as  far  as  from 
here  to  you;  about  ten  leet. 

U.  How  tar  was  Spangler  from  him?  A.  About  as 
far  as  this  gentleman  here  is  from  you;  about  two  or 
three  feet. 

Q.  Then  Booth  spoke  in  a  loud  voice?    A.  Yes. 

Q.  Did  Booth  see  you?  A.  i  don't  know;  he  went 
right  behind  the  scenes. 

U.  Could  he  have  seen  you  from  where  he  was 
standing?    A.  Oh  yes. 

Q.  Was  there  anybody  by  except  you?  A.  I  didn't 
notice  at  that  time. 

Q.  Was  not  Spangler  in  liquor  that  night?  A.  That 
I  cannot  say. 

Q.  Did  you  often  see  him  drunk  or  in  liquor?  A.  I 
could  not  tell  whether  he  was  drunk  or  not. 

Q.  Was  not  he  habitually  pretty  well  soaked?  A.  I 
do  not  know,  indeed. 

By  the  Court.— Q.  Was  there  anything  unusual  in  the 
arrangement  of  the  furniture  that  night  on  the  stage  ? 
A.  Yes  sir. 

Q.  Was  it  all  in  its  proper  place  according  to  the  per- 
formance going  on  ?    A.  Yes. 

Q.  The  scenes  and  everj'thing  ?    A.  Yes. 

By  Judge  Holt.— Q.  Do  you  know  whether  the  scenes 
remain  now  about  as  they  were  that  night?  A.I  do 
not  know;  I  have  not  been  in  the  theatre  but  once  or 
twice  since  the  a.ssassination. 

Q,  Do  you  know  what  Spangler  had  to  do  with  the 
decoration  or  arrangementof  the  President's  box  ?  A. 
No  sir,  I  do  not. 

The  Judge  Advocate-General  remarked  that  to  ena- 
ble the  Court  to  understand  perfectly  the  testimony  of 
witnesses  relative  to  the  occurrences  in  the  theatre,  it 
would  be  pro|)er  for  them  to  visitithe  theatre,  and  ob- 
serve lor  themselves  theditterent  localities.  It  was 
therefore  determined  that  the  members  of  the  Court 
meet  informally  at  Ford's  theatre,  on  Tenth  street,  to- 
day, at  hall-past  nine  o'clock  A.  M.  The  Court  ad- 
journed formally  until  ten  this  morning. 

SUPPRE.SSEM  "ffES'l'lIJEO^rY  OF  I"RII>AY 

Henry  Van  .*^teinacker, 

A  witness  for  the  prosecution,  being  sworn,  deposed  as 
follows:— 

B.v  Judge  Advocate  Holt.— Q.  Have  you  or  not  for 
several  years  been  in  the  military  service  of  the  so- 
called  Confederate  States?    A.  Yes  sir,  I  have  been. 

Cj.  In  whatcapacity?  A.  I  wasemployed  in  theTopo 
graphical  Department,  ranking  as  engineer  officer, 
with  the  pay  of  an  engineer  ollicer. 

Q.  On  whose  staff?  A,  The  staff  of  General  Ed'warU 
Johnson. 

(j.  Were  you  or  not  in  the  State  of  Virginia  in  tlie 
summer  of  1S63,  and  at  what  point?  A.  When  we  came 
back  from  Pennsylvania,  alter  the  battle  o I  Gettysburg, 
I  was  ordered  with  another  engineer  lieutenant,  who 
wa.s  very  sick,  to  convey  him  to  his  home  at  Staunton, 
in  the  Valley  of  Virginia;  and  I'rom  there  I  took  my 
way  back  to  find  the  army  again:  and  near  Harrison- 
burg, tweuty-hve  miles  trom  Staunton,  at  SwiltEun 
Gap,  I  wa-s  overtaken  by  three  citizens,  with  whom  1 
got  better  acquainted,  alter  having  ridden  a  while  witU 
them;  and  I  found  them  out  to  belong  to  Jlaryland;  the 
name  of  one  was  Booth,  aud  the  other  ones  name  w.ia 
Shephi  rd. 

Q.  Do  you  remember  the  features  of  liooth?  A.  I  do 
not  rememtier  the  features  of  all  of  tluni. 

Q.  Book  at  that  phtitcigraph  (handing  to  the  witness 
a  photograph  of  J.  Wilkes  15ooth).  A.  There  isare- 
seniblahce,  but  the  face  was  tuUer. 

Q.  You  think  it  is  the  same  person,  but  he  had  a 
fuilor  face  than  thiii?    A.  I  believe  it  is. 


42 


TRIAL   OF   THE   ASSASSINS  AT   WASHINGTON. 


Q.  Dill  you  learn  at  thattimethatitwas  John  Wilkes 
Booth,  the  actor?  A.  I  heard  the  other  gentlemen  call 
him  Booth;  I  thought  first  it  was  a  nicliname,  but  alter- 
wards  I  I'ound  out  that  it  was  Booth? 

Q.  How  far  did  you  ride  with  those  persons?  A.  We 
stayed  at  the  tavern  at  the  loot  of  the  mountain  until 
the  next  day;  there  I  gotbetter  acquainted  with  them. 

Q.  How  long  were  you  together;  how  many  hours  do 
yousuppose?    A.  Eighteen  or  twenty  hours. 

Q.  Did  you  have  any  free  conversations  in  regard  to 
public  afl'airs  while  you  were  with  him?    A.  Yes  sir. 

Q.  Will  you  slate  what  Booth  said  to  you  in  regard 
to  any  contemplated  purpose  of  attack  upon  thePre- 
sident  of  the  United  States;  state  all  that  he  said?  A. 
I  was  asked  by  Booth  and  by  those  others,  too,  what  I 
thought  of  the  probable  succe.ss  of  the  Confederacy, 
and  I  told  them  that  after  such  a  chase  as  we  had  then 
got  from  Gettysburg  I  believed  it  looked  rather 
gloomy,  and  then  Booth  told  me,  "that  is  nonsense;  if 
we  only  act  our  part  right  the  Confederacy  will  gain 
their  independence;  old  Abe  Lincoln  must  go  vp  the 
spout,  and  the  Confedrracy  will  gain  their  iruleijendence 
anyhow,"  that  was  the  expression  at  the  time. 

Q.  What  did  you  understand  by  the  expression,  he 
"must  go  up  the  spout,"  from  all  that  Booth  said?  A. 
It  was  a  common  expression,  meaning  he  must  be 
killed;  that  I  understood  always. 

Ci.  Did  he  state  under  what  circumstances  that 
would  become  necessary?  A.  He  said  so  soon  as  the 
Conl'ederacy  was  near  givine  out,  so  soon  as  they  were 
nearly  whipjied,  that  must  be  done;  that  would  be  the 
final  resource  to  gain  the  independence  of  tlie  Con- 
federacy. 

Q.  Did  the  citizens  who  were  with  him  engage  in 
conversation?    A.  Yes  sir. 

Q.  Did  they  seem  to  assent  to  his  sentiments?  A. 
Certainly. 

Q.  Did  not  Booth  know  that  you  were  a  Confederate 
soldier?  A,  Yes  sir;  they  asked,  when  they  overtook 
me  on  the  road,  where  I  was  going  to;  I  told  them  I 
belonged  to  General  Edward  Johnson's  Staff,  and  was 
going  to  the  army,  coming  from  Staunton. 

Q,  At  what  point  did  you  arrive  together?  A.  I  do 
not  know  the  name  ot  the  place;  it  is  near  the  foot  of 
the  Swift  Run  Gap. 

Q.  Did  you  meet  there  a  number  of  Confederate  offi- 
cers—I speak  of  the  end  of  your  ride— with  the  Stone- 
wall Brigade?  A.  Yes  sir;  that  was  about  three  or  four 
days  afterwards;  they  went  from  me  the  next  day;  my 
horse  could  not  keep  up  with  the  other  horses;  they 
were  splendidly  mounted,  and  my  horse  was  nearly 
broken  down-  so  they  went-on;  three  or  four  days  after- 
wards I  was  called  to  some  of  the  regimental  camps 
and  told  that  some  strangers,  friends  of  mine,  wanted 
to  see  me:  I  did  not  know  who  it  was;  when  I  came  to 
camp  I  found  those  three  citizens,  and  was  introduced 
by  Captain  Randolph  personally,  formally  to  Booth 
and  Stephens. 

Cl.  Was  that  the  Stonewall  Brigade?  A.  It  was  at 
the  camp  of  the  Se'ond  Virginia  Regiment. 

Q.  Do  you,  or  do  you  not.know.  whether  there  was  a 
secret  meeting  of  Rebel  officers  on  that  occasion?  A. 
That  evening  there  was  a  secret  meeting,  where  I  was 
not  admitted. 

Q.  Did  they  state  to  you  the  purpose  of  that  meeting, 
and  what  conclusion  they  reached?  A.  Some  officer 
afterwards,  who  was  about  the  meeting,  stated  to  me 
what  was  the  purpose  of  it. 

Q.  Was  Booth  in  that  meeting?  A.  I  believe  so. 
They  were  all  in  together. 

Q.  What  did  he  state  to  you  was  the  determination 
and  purpose  of  that  meeting?  A.  The  purpose  ot  the 
meeting  was,  as  I  was  informed  afterwards,  to  send 
certain  officers  on  detached  service  to  Canada  and  the 
borders,  and  to  deliver  prisoners,  to  lay  Xorthern  cities 
in  a-fhet.  and  finally,  to  get  after  the  mcmbern  of  the  Cabi- 
net, and  fcill  the  Prrsi'dcnt:  that  was  the  main  pur- 
pose. I  heard  that  more  than  a  thousand  times,  but 
ne%'erso  much  as  at  the  time  when  I  was  informed  it 
was  the  purpose  of  the  meeting;  I  always  considered 
It  common  braggadocia  before. 

Q.  What  was  the  name  of  the  officer  who  gave  you 
this  account  of  the  proceedings  of  the  meeting?  A. 
Lieutenant  Cockerill. 

Q.  To  what  portion  of  the  service  did  he  belong,  do 
you  know?  A.  To  the  Second  Virginia  Regiment,  I 
believe,  and  tlio  same  Company  that  Captain  Beall  bo- 
longed  to  ;  the  captain  who  was  executed  at  Grovernor's 
Island. 

Q.  Was  anything  said  as  to  what  part  Captain  Beall, 
the  one  afterwards  e.xccuted,  was  to  play  in  these 
movements  at  the  North?  A.  Cookerill  told  me  Beall 
was  on  detached  service*  and  wewould  hear  of  him. 

Q.  Cockerill  was  a  member  of  that  meeting,  I  under- 
stood you  to  sav  ?    A.  Yes  sii-. 

Q.  Did  you  wliile  there  see  Booth  and  Cockerill  asso- 
ciated together?  A.  I  did  not  see  them  particularly; 
I  saw  them  all  in  a  crowd  together. 

Q.  Booth  was  associating  with  all  the  officers ?  A 
He  was  associating  with  a  good  many  of  them. 

Q.  Did  you  know  of  any  other  secret  association  or 
meeting,  having  siniilarobjects,  at  any  time  in  theser- 
vice  with  which  you  liavebeen  connected?  A.  I  heard 
of  the  existence  of  secret  orders  for  certain  purposes 
to  assist  the  Conlederacy;  I  heard  one  name  very  fre- 
4u^tly  called,  tlie  name  of  one  order,  the  "Golden 


Circle,"  and  several  times  I  heard  the  name  of  the 
"Sons  of  Liberty." 

Q.  How  many  years  do  you  state  vou  were  in  the 
Confederate  service  ?    A.  Not  quite  three  years. 

Q.  State  whether,  during  the  last  year  or  two,  sfnce 
the  reverses  of  the  Confederacy  liave  commenced,  i;^ 
has  not  been  freely  and  frenuently  spoken  of  in  the 
Rebel  service,  as  an  object  finally  to  be  accomplished, 
the  assassination  of  the  President  of  the  United  States* 
A.  Yes  sir,  I  heard  that  very  often. 

Q.  Have  you  not  heard  it  spoken  of  freely  in  the 
streets  of  Richmond,  among  those  connected  with  the 
Rebel  Government  ?    A.  Yessir. 

Q.  About  what  time:  when  is  the  latest  vou  can  now 
recall  having  heard  declarations  of  that  .sort  at  Rict^ 
mond?  A,  At  the  time  after  the  battle  of  Chancellor* 
ville,  when  I  do  not  know  what  General  it  was,  but  be- 
lieve it  was  General  Kilpatrick.  was  on  a  raid  near 
Richmond;  at  that  time  I  heard  it;  I  was  in  Richmond 
on  a  furlough  at  the  same  time. 

Q.  Whenever  and  wherever  spoken  of.  do  I  undei^ 
stand  you  tosaythat  this  sentiment  of  the  necessity? 
of  the  assassination  of  the  President  of  the  United 
States  was  generally  assented  to  in  the  service?  A. 
Yes  sir. 

Q.  The  "detached  service"  of  which  you  speak,  on 
which  these  parties  were  to  be  sent,  you'say  related  tx> 
Canada,  and  the  destruction  of  the  Northern  cities 
alongthe  Canada  frontier?  A.  It  was  outside  of  the 
Confederate  lines— either  here  in  the  Northern  cities 
or  in  Canada. 

Q.  Did  you  understand  that  the  "detached  service'' 
was  to  be  performed  in  that  direction  along  the  Caik- 
ada  frontier  and  in  our  Northern  cities?  A.  This  "de- 
tached service"  was  a  nickname  in  the  Confederate 
army  for  such  purposes. 

Q.  It  meant  that  sort  of  warfare?    A.  Yessir. 

Q.  You  spoke  of  laying  the  Northern  cities  in  ashes? 
did  you  understand  that  that  was  the  mode  in  which 
that  warfare  was  to  be  conducted,  by  firing  our  cities? 
A.  Yes,  sir;  by  firing  the  cities  down  and  get'ing  the 
people  dissatisfied  tuilh  the  war,  and  by  that  means  to 
bring  forward  a  revolution  among  the  people  in  the 
North.    That  was  the  purpose. 

No  cross-examination. 

The,  Judge  Advocate  offered  in  evidence,  without  ob- 
jection, the  photograph  of  J.  Wilkes  Booth,  shown  t» 
the  witness  Van  Steinacker.  It  is  attached  to  this  re- 
cord, and  marked  Exhibit  No.  1. 

Mrs.  Mary  H ndspetli, 

A  witness  called  for  the  prosecution,  being  duly  sworn, 
testified  as  follows  :— 

By  the  Judge  Advocate.— Q.  Where  do  you  reside? 
A.  At  Harlem,  New  York. 

Q.  Will  you  state  whether  or  not  in  the  month  of 
November  last  you  were  riding  in  the  railroad  cars  of 
New  York  city,  the  Third  avenue  cars,  and  whether 
you  observed  that  there  were  two  men  in  the  cars  that 
attracted  your  attention,  one  of  whom,  on  leaving  the 
cars,  dropped  a  letter  which  you  picked  up?  A.  I  was 
going  down  to  the  city;  there  were  two  gentlemen  in 
the  cai"  whether  they  were  or  not  when  I  got  in  I  am 
not  confident;  I  overheard  their  conversation;  thev 
were  talking  most  earnestly:  oneofthemsaidhe  won  d 
leave  for  Washington  the  day  after  to-morrow,  and  the 
other  was  going  to  Newburgh  or  Newbern  that  night; 
they  left  the  car;  the  man  that  was  sitting  near  me 
pushed  his  hat  forward,  and  with  that  pushed  his 
whiskers  at  the  same  time;  they  were  false  whiskers; 
the  front  face  was  much  darker  than  it  was  under  the 
whiskers. 

Q.  Was  he  a  young  man?    A.  He  was  young. 

Q.  Do  you  think  you  would  recognize  his  features 
again?    A.  I  thiuk  I  should. 

Q.  [Exhibiting  to  the  witness  the  photograph  of 
Booth.  Exhibit  No.  1.]  Loo  <  at  that  and  say  whether 
it  recalls  him  to  you?  A.  The  face  is  the  same;  he  had 
a  scar  on  his  right  cheek. 

Q.  Was  it  on  the  cheek  or  neck?  A.  It  was  some- 
thing like  II  bite,  near  the  jawbone. 

Q.  Did  yor.judcre  from  his  conversation  that  he  was 
a  man  of  "education  and  culture?  A.  3  le  was  a  man  of 
education,  and  the  other  was  not;  the  other's  name 
was  Johnson. 

Q.  Did  you  observe  his  hands?  CM  he  spem  to  have 
been  aman  whohad  le<l  a  lileof  easeor  not?  A.  The 
hand  that  was  ungloved  was  very  beautiful;  the  other 
hand  had  a  gauntlet  on:  they  exchangeil  letters  in  the 
cars:  the  one  who  had  false  whiskers  pnt  back  the  let- 
ters in  liis  pocket,  and  I  saw  a  pistol  in  his  belt. 

Q.  Did  anv  of  the  conversation  I'all  lai  your  ears — 
were  you  able  to  hear  it?  A.  I  overhenrd  him  say  he 
would  leave  for  Washington  the  day  after  to-morrow. 

(i.  That  is  the  one  who  had  the  uneloved  hand  and 
false  whiskers?  A.  Yes;  and  the  other  was  very  angry 
because  it  had  not  fallen  on  him  to  go  to  Washington; 
he  had  been  sent  for  to  some  place  by  a  messenger. 

Q.  Y'ou  say  he  seemed  very  angry  because  it  had  not 
fallen  to  his  lot  to  go  to  Washington  instead  of  the 
other?  A.  Yes  sir;  I  had  letters  of  my  own  to  post  at 
the  Nassau  street  post  office;  one  of  them  left  about 
Twenty-sixth  or  Twenty-seventh  street,  and  as  he  left 
I  moved  up  into  his  place;  the  car  was  crowded;  my 
daughter  said  that  I  had  dropped  one  of  my  letters; 
she  picked  up  something  and  gave  it  to  me;  when  I 
went  down  to  the  brokers',  where  I  was  going  witli 


TRIAL   OF  THE  ASSASSINS  AT  WASHINGTOX. 


BOSTON  CORBETT— THE   EXECUTIONER  OP  BOOTH. 


(3) 


TRIAL   OF  THE    ASSASSINS   AT  WASHINGTON. 


43 


some  gold.  I  went  to  take  out  my  pocket  book,  and  I 
saw  ivii  envelope  with  two  letters  in  it:  I  thouglit  it  of 
impoi'tance  because  oftlie  conversation. 

Q.  Are  you  certain  it  is  the  envelope  with  the  letiers 
dropped  liy  one  of  these  men?  A.  It  must  have  been 
bi'caus(.'  I  saw  tliem  exchange  letters,  and  there  was  no 
cue  else  at  that  seat. 

Q.  Was  it  jvlcked  up  at  the  point  where  they  were 
sittina?    A.  Yes.  just  at  the  end  of  my  dress. 

Q.  Would  you  recognize  the  envelope  if  you  were  to 
see  it?    A.  Yes  sir. 

Q.  [Exhibiting  an  envelope  with  two  letters.]  Look 
at  that,  anil  see  if  it  is  the  same  envelope  and  letter. 
A.  Jt  is  tliesante. 

Q.  Were  both  letters  in  that  envelope  as  you  now 
have  them?    A.  Yes  sir. 

The  letters  were  then  presented  and  read  to  theCom- 
mission.  as  follows:— 

•' Dkar  Ixjcis:— The  time  has  at  last  come  that  we 
have  all  so  wished  lor.  and  upon  you  everything  de- 
pends. As  it  was  decided  beiore  you  left,  we  were  to 
castlols.  Accordiusly  we  did  so,  and  you  are  to  bo 
the  C'hailo.teC'orday  of  the  nineteenth  century.  When 
you  reiiiemlier  the  (earful,  solemn  vow  that  was  taken 
by  us,  yo:i  will  leel  there  is  no  drawback;  Abe.  must 
(lir,  and  vow.  You  can  choose  your  weapons.  The 
cup,  the  knife,  tiie  bullet.  T/ie.  cup  failed  v.i  once,  find 
vilrilit.  ar/ain.  Johnson,  who  will  give  t/iis,  has  been 
like  an  enra'-ced  demon  since  the  meeting,  because  it 
has  not  liillen  upon  liim  to  rid  the  world  of  the 
monster.  I-le  saj's  the  blood  of  his  gray-haired 
father  and  his  noble  brotlier  call  upon  him  for 
revenge,  and  revenge  he  will  have:  if  he  cannot 
wreak  it  upon  the  fountain  head,  he  will 
ur.on  some  of  the  blood-thirsty  generals.  Butler 
would  suit  him.  As  our  pianswere  all  concocted  and 
well  arransi'd  we  separated,  and  as  I  am  writing,  on 
n>y  way  to  IJetroii,  I  will  only  say  that  all  rests  ui)on 
you.  Yon  know  where  to  iind  your  IViends.  Yiuir 
disguises  are  so  per  feet  and  complete  that  without  o)i(- 
kneio  your  fare  no  police  telegraphic  despatch  would 
catch"  you.  The  English  gentleman,  llnrcourt,  must 
not  act  hastily.  Rcniember.  he  hasten  days.  Strike 
for  yonr  home,  strike  for  your  country;  bide'your  time, 
bu!  strike  sure,  llrt  inlroduccd,  congratalat.c  lihn,  li.'ilfn 
to  /lis  .s'ociV.?;  not  majiy  iDore  tuill  the  bj-iite  tell  to  eartlilii 
friends.  Do  anylhiiig  but  fail,  and  meet  us  at  the  up- 
pointed  place  within  the  fortnight.  Enclose  this  note 
together  with  one  of  poor  Leenea.  I  will  give  the 
reason  !or  this  when  we  meet.  Return  by  Johnson.  I 
wish  I  could  go  to  you,  but  duty  calls  me  to  the  Weal; 
you  will  [irobably  hear  from  me  in  Washington.  San- 
ders is  doiugus  no  good  in  Canada. 

"Believe  me,  your  brother  in  love, 

'•CHARLT5S  SeLBY." 

[The  original  of  the  foregoing  is  attached  to  this  re- 
cord, iind  marked  E>;liibit  Ko.  1.] 

"bT.  i^ofis,  Oct.  21.  ISfit.— Dearest  Husband:— Why 
do  you  not  come  home?  You  left  nie  for  ten  days  only, 
and  you  now  have  been  from  home  more  than  two 
weeks.  In  thut  long  time  onl}' sent  me  one  short  note, 
a  few  cold  words,  and  a  check  lor  money,  which  I  did 
notreqciire.  Wliat  has  come  over  you?  Have  you 
forgotten  your  wile  and  child?  Baby  calls  for  paj)a 
until  my  heart  aches.  J\'e  are  .vj  lonely  without  you. 
I  have  written  to  you  again  and  again,  and,  as  a  last 
resource,  yesterday  wrote  to  Charlie,  begging  him  to 
seeyou  a'ld  lell  you  to  come  home.  I  am  so  ill,  not 
able  to  leave  my  room;  if  i  was  I  would  go  to  j'ou 
wherever  yon  were,  if  in  thin  world.  Mamma  says  I 
must  not  write  any  more,  as  T  am  too  weak.  Louis, 
darling,  do  not  stay  awaj-  any  longer  from  your  heart- 
broken wiie.  LEEIVEA." 

[The  ori;:inal  of  the  foregoing  is  annexed  to  this  re- 
cord, and  m:irked  Exhibit  No.  X'\ 

Q.  At  what  lime  in  November  did  you  pick  up  this 
envelope  and  these  letters?  A.  The  day  Gen.  Butler 
lelt  New  York:  I  cannot  tell  the  precise  dale,  but  Ge- 
neral SciMt  told  me  he  had  lelt  that  morning. 

<.,>.  Was  that  alter  the  Presidential  election  in  No- 
vember?   A.  Yes  sir. 

Q.  What  did  \  ou  do  with  these  letters  after  you  ex- 
amined them  and  lound  their  character?  A.  I  took 
them  lirt  to  General  Scott,  who  asked  me  to  read 
them  to  him.  He  s.id  lie  thought  it  was  of  great  im- 
portance, and  a'.ked  me  to  take  it  to  General  Dix;  I 
did  so,  e.nd  pave  it  to  General  Dix. 

ti.  You  say  t  lie  men  exchanged  letters:  which  was 
giving  letters  to  the  other,  the  large  or  the  small  man? 
A.  They  exchanged  twice;  the  larger  one  gave  them 
to  the  one  next  to  him,  a.nd  he  handed  them  back,  and 
they  wore  "xchana'jd  again. 

Ci.  Did  you  S'e  more  than  one?    A.  Yes  sir. 

Q.  TheVinarer  one,  or  educated  one,  said  he  would 
leave  lor  Washin/iton  the  second  day  after.  A.  Yes; 
"the  day  alter  tu-morrow." 

No  cross-e.xainination. 

a.  W.  Bnnkcr, 
a  witness  called  for  the  prosecution,  being  duly  sworn, 
testiCedas  follows:— 

By  the  Judge  Advocate— CJ.  Will  you  please  state 
whether  you  were,  during  the  last  fall,  and  still  are, 
clerk  at  the  National  Hotel  in  this  city?  A.  I  have 
been  connected  with  the  National  Hotel  nearly  live 
years. 


Q.  Did  you  know  John  Wilkes  Booth?    A.  I  did. 

Q.  Was  he  in  the  habit  oi  stopping  at  that  hotel  when 
he  came  to  the  city?  A.  I  think  he  made  that  his 
home  when  in  the  city. 

Q.  Have  you  the  hotel  books  here  for  November 
last?    A.  Three  of  them  are  here. 

Q.  I  wish  jou  to  examine  them  and  state  whether 
John  Wilkes  Booth  was  a  guest  at  the  National  Hotel, 
and  was  in  the  hotel  in  the  month  tjfNovember  and 
if  so,  at  what  time,  and  at  what  time  ho  left?  A.  He 
arrived  at  the  National  Hotel  Wednesday,  November 
i),  in  the  evening. 

Q.  When  did  he  leave?  A.  The  memorandum  states 
that  he  left  on  the  morning  of  the  nth.  I  see  that  one 
cash-book,  which  I  supjioscd  was  here,  is  not,  but  the 
memorandum  is  correct,  as  it  was  made  out  in  the 
hotel  and  receipted;  but  I  have  not  the  book  to  refer  to. 

Q.  When  does  it  appear  that  he  returned  again?  A. 
He  returned  November  14th,  in  the  early  part  of  the 
evening,  and  left  again  on  the  16th. 

Q.  Does  it  aiipear  at  what  time  he  left  on  the  16th? 
A.  I  have  not  the  book  that  I  could  refer  to  for  that;  as 
it  is  not  here,  I  am  not  able  to  state. 

Q.  Was  he  there  during  the  month  of  October  ?  A. 
His  name  does  not  appear  on  the  books  for  October,  I 
believe;  I  have  not  looked  that  book  through  fully,  as 
I  was  not  so  requested  by  the  iiarties  who  came  to  the 
hotel. 

Q.  Have  you  taken  from  the  books  memoranda  to 
enable  you  to  state  as  to  his  subsequent  arrivals  and 
dejiarturcs  during  the  Ibllowing  months  ?  A.  They  are 
all  contained  in  this  memorandum  from  I^ovember 
t)th. 

Q.  When  was  his  next  return  after  leaving  on  No- 
vember 16th  ?  A.  They  are  all  included  in  this  memo- 
randum from  November  0. 1864,  to  April  .s,  1865. 

Q.  That  paper,  then,  as  you  lio'd  it  in  your  hand,  you 
state  to  be  an  accurate  transcript  from  the  books  ?  A. 
Yei  sir,  Irom  onrbooksat  the  hotel. 

Q.  Do  you  know  who  were  his  associates  in  the  hotel 
generally  when  he  wasthero— his  room-mates?  A. 
His  most  intimate  friends?  one  was  John  McCuUough, 
an  actor. 

Ci.  Was  he  his  room  mate?  A.  He  roomed  with  him 
a  portion  of  the  time. 

(i.  Could  you  name  any  other  of  his  room  mates  dur- 
ing that  time?  A.John  P.  Weutworth,  of  California; 
ho  aKo  roomed  with  Mr.  McArdle.  agent  of  Edwin 
Forrest,  while  he  was  rooming  with  Mr.  McCullOugh; 
the  throe  occupied  the  same  room. 

Q.  That  memorandum  which  you  have  brings  him 
down  to  the  8th  of  April,  you  say?    A.  Yes  sii'. 

Q.  Did  he  leave  on  that  day?  A.  That  was  his  last 
arrival  at  the  hotel. 

Q.  Ho  remained  there  until  the  assassination  of  the 
President?    A.  Y^es  sir. 

Q.  Had  he  a  room  there  at  the  time  the  President 
was  assassinated?    A.  He  had. 

U.  Were  you  present  when  his  trunk  was  opened  by 
the  officers"?  A.  I  was  not;  I  packed  his  baggage  the 
next  day  and  had  it  removed  to  our  baggage-room. 

Q.  Do  you  know  John  H.  Surratt,  of  this  city?  A,  I 
do  not  li"y  name:  Booth  had  a  groat  many  callers  that 
I  knew  bv  sight,  but  did  not  know  their  names. 

Q.  Have  you  seen  any  of  these  prisoners  before  ?  A. 
I  knowthissniall  one  with  black  whiske's  and  impe- 
rial ;  I  do  not  know  his  name,  but  know  him  by  sight. 
[Pointing  to  Michael  O'Laughlin.] 

Q.  Did  you  see  him  at  the  hotel?  A.  Very  often;  he 
frequently  called  on  Booth. 

Q.  Look  at  all  the  rest,  and  see  if  you  recollect  any  of 
till!  others?  A.  No  sir,  [alter  looking  at  thevarioas 
accused.] 

Ci.  You  say  he  called  frequently.  Would  he  remain 
with  Booth  "in  his  room  ;  did  he  remain  at  night  at  any 
time?  A.  We  were  so  busy  during  the  winter  that  I 
never  paid  much  attention  to  these  things. 

Q.  Do  vou  know  how  long  these  calls  were  con- 
tinued; w"hether  they  were  up  to  the  last  moment  oJ 
Booth's  stav?  A.  I  do  not  think  1  saw  him  the  last 
lew  days  of  Booth's  remaining  there;  I  do  not  recol- 
lect that  he  called  then. 

No  cross-examination. 

The  Judge  Advocate  offered  in  evidence,  without  ob- 
jection, the  following  portions  of  the  memorandum 
spoken  of  by  thewitness  Bunker:— 

J.  Wilkes  Booth  w:is  not  at  the  National  Hotel 
during  the  month  of  October,  1864. 

He  arrived  there  November  i);  occupied  room  20; 
left  on  earlv  train  morning  (jf  llth. 

Arrived  again  November  Hth,  and  left  on  the  16th. 

His  next  arrival  was  December  l;ith;  left  December 
17lh,  morning  train. 

Arrived  again  December  22d;  left  24th,  H-1.5  A.  M. 
train. 

Arrived  again  December  3lst;  left  January  10th,  1865, 

7-:;"  P.  1^1. 

Arrived  again  January  12th;  left 28th,  7-30  P.  M.  train; 
occupied  roum  50>e. 

Arrived  again  February  22d;  occupied  room  2:^1, 
in  companv  with  John  P.  H.  Wentworth  and  John 
McCuUough.  Wentworth  went  into  this  room  at  the 
suggestion  of  Mr.  Merrick,  clerk,  as  they  were  short  of 
rooms.  Booth  lelt  February  is,  «-l5  A.  M.  train, 
closing  his  account  to  date,  inclusive.  His  namedces 
not  appear  on  the  register,  but  another  room  is  assigned 


44 


TRIAL   OF  THE   ASSASSINS   AT  WASHINGTON. 


bim.and  his  account  commences  March  1st,  without 
aiiv  entry  upon  the  rectster  oftiul  date;  2d,  3d  and  -Jlh 
lie' is  called  at  HA.  M.;  21st  March,  pays  $.30  on  ac- 
count, and  left  on  7-30  1'.  M.  train. 

Arrived,  Jlarcli  2  jth;  room  231— to  tea,  and  left  April 
1st,  on  an  atttrnoon  train. 

Arrived  again  April  8th;  room  22S.  Directly  below 
Booth  is  registered,  ot'tliat  date,  the  name  of  A.  Cox; 
residence  not  known;  it  was  cut  out  by  some  one  who 
cut  out  the  name  ol  KooUi. 

[The  orl'^inal  memorandum  Ls  annexed  to  this  re- 
cord, marked  Kxhibit  ^To.  4]. 

li\^illiani  E.  Wheeler, 

A  witness  called  for  the  prosecution,  being  duly  sworn, 
testified  as  I'ollows  :— 

By  the  Judge  Advocate  :—Q.  Where  do  you  reside? 
A.  My  homois  in  C'hicnpee,  Ma^sucluisetts. 

Q.  Were  you  in  Canada  during  the  last  autumn?  A. 
Yes  sir. 

Q.  At  what  point  in  Canada?    A.  Montreal. 

Q.  Did  vou  meet  there  citizens  of  tlie  i;nited  States 
from  the'Southern  States  ?    A.  I  met  some. 

Q.  Will  you  mention  some  whom  you  met  there,  and 
when?  A.  The  only  one  there  that  I  know  the  name 
of  to  swear  to  was  Mr.  BovUh. 

Q.  Do  you  mean  John  Wilkes  Booth ,  the  actor  ?  A. 
Yes  sir. 

Q.  Where  did  vou  meet  him  ?  A.  I  was  standing;  in 
frontof  theSt.  Lawrence  Hall.  Montreal,  and  .saw  him 
go  across  from  a  broker's  uliico  on  the  opposite  side. 

Q.  What  time  was  that?  A.  I  cannot  say  the  day 
exactly,  but  it  was  in  October  or  November  last. 

Q.  Did  you  see  any  otijers  who  were  pointed  out  to 
you  by  name?  A.  There  was  another  man  who  came 
across  with  him;  who  he  was  I  do  not  know,  and 
never  heard  his  name;  I  spoke  to  Mr.  Booth  when  he 
came  across,  and  asked  him  if  he  was  goin?;  to  open 
the  theatre  there:  he  said  no,  he  was  not.  and  left  me 
directly,  and  entered  into  convers.Uion  with  a  third 
man  who  was  there,  and  some  time  after  that,  as  I 
was  walking  along  with  a  gentleman,  he  pointed  him 
out  to  me  as  George  Sanders. 

O.  You  saw  Sanders  and  Booth  in  conversation  to- 
gether?   A.  Yes  sir. 

Q.  You  did  not  see  Clement  C.Clay  or  Jacob  Thomp- 
son?   A.  No  sir,  not  to  know  them. 

Q,  You  had  met  Booth  beiore,  and  knew  him?  A.  I 
had  seen  him  play  on  the  stage,  in  Springfield,  Massa- 
chusetts. 

No  cross-examination. 

JoSisi  Boveney, 

A  witness  called  for  the  prosecution,  being  duly  sworn, 
testihetl  as  Ibllovvs:— 

By  the  Judge  Advocate— Q.  Where  do  you  reside? 
A.  I  am  livinff  in  Washington  at  present;  my  home  is 
in  Philadelphia:  at  least  my  lather  lives  there. 

Q.  Wore  you  during  the  past  autumn  or  winter   in 
Canada?    A.  I  was. 
Q.  At  what  point?    A.  At  Montreal. 
Q.  In  what  month  were  you  there?    A.  I  went  over 
there  in  July,  and  left  there  on  the  od  or  4th  of  Febru- 
ary; I  forget  which. 

Q.  Were  you.  or  not,  acquainted  with  John  Wilkes 
Bootli?  A.  Verj' well. 
Q.  Did  you  meet  him  there?  A.  I  did. 
Q.  In  company  with  whom  did  you  see  him  there? 
A.  The  first  time  I  saw  him  in  Canada,  I  saw  him 
standing  in  the  St.  Lawrence  Hotel,  Montreal,  talking 
•until  Gcorfir  N.Snndrrs. 

Q.  Can  you  tell  about  what  time  that  was?  A.  I  can- 
not tell  you  tiie  month,  but  from  what  I  have  seen  in 
the  papers  I  am  constrained  to  believe  it  was  in  U;.'to- 
ber;  but  I  am  not  willingto  swear  it  was  intliat  mouth. 
Q.  Did  tlie.v,  or  not,  seem  to  be  intimate?  A.  They 
seemed  to  be  talking  very  conlidentially. 

Q.  Were  they  drinking  tOL'ether?  A.  Yes;  I  saw 
them  go  into  Dowley  s  ami  have  a  drink  together. 

Q.  You  mean  George  N.  Sanders?  A.  Yes;  George 
N  Sanders,  who  used  to  be  Navy  Agent  at  New  York. 
Q.  Did  you  see  hi  C.'.nada.  at  the  same  time,  Jacb 
Thompson,  of  Mississippi,  who  was  Sei'retary  of  ine 
Interior  under  the  Administration  of  I'res.deiit  Eu- 
clianan?  A.  I  saw  Mr.  Thompson.  Mr.  Clay,  Mr. 
Tucker  and  several  others;  they  were  pointed  out  lo 
me,  but  I  was  not  acquainted  with  those  gentlemen. 

Q.  Yon  mean  Clement  C.  Clay,  of  Alabama,  formerly 
Tnited  States  Senator?  A.  That  w.os  the  man;  I  mean 
him;  I  presume  he  was  the  man;  he  was  pointed  out  to 
me  as  that  ])erson. 

Q.  Did  you  have  convers.ations  with  Booth?  A.  Yes, 
1  spoke  to  him;  I  asked  him  what  he  was  doing  there; 
I  asked  him,  "Are  you  going  to  play  here?"  knowing 
thai  lie  was  an  actor:  ho  saUl  no.  lie  was  not;  said  1, 
'•What  are  you  going  to  do?"  said  he,  "I  just  came  here 
on  a  visit,  a  pleasure  trip;"  I  saw  in  the  papers  a;ter- 
wards  that  he  had  been  trying  lo  make  an  engagement 
with  Buckland,  of  the  Theatre  Koyal  there;  but  I  do 
not  believe  it. 

Q.  You  say  you  saw  him  talking  to  Clay,  Sanders, 
Ilolcomb  and  Thompson?  A.  I  believe  I  diil;  1  am  not 
very  positive  that  I  saw  him  talking  to  those  parties, 
hut  I  did  see  him  talk  to  Sanders;  that  1  can  swear  to, 
because  I  was  standing  up  against  a  pillar  in  the  hotel. 


and   it  was   right  in  the   hotel;   Sanders  was   leaning 
against  a  pillar  and  Booth  standing  in  front  of  him. 

Q.  Y'ou  say  you  have  seen  others  with  Sanders?  A. 
Yessir.  I  do  not  know  that  I  saw  them  there  stand- 
ing talking  to  Sanders  that  day.  but  I  liave  seen  those 
other  men  with  Sanders  at  different  times,  talking  to 
him. 

Q.  And  with  Booth?  A.  I  will  not  say  that.  I  saw 
Booth  talking  to  Sanders,  though.  Of  that  I  am  posi- 
tive, because  these  two  were  standing  together  when  I 
came  no;  1  just  came  from  the  post  office,  which  is  op- 
posite the  hotel;  I  came  over  and  saw  them  talking 
tliere;  I  was  surprised  to  see  him.  and  that  is  what 
made  me  take  particular  notice  of  it;  I  thought,  as  a 
matter  of  course,  he  came  there  to  play. 

(>.  When  was  the  ne.\t  limeyousaw Booth?  A.  The 
next  time  I  saw  Booth  was  on  the  steps  of  the  Kirk- 
wood  House,  in  this  city,  the  night  of  the  14th  of  April, 
a  few  minutes  before  five,  or  between  five  and  six 
o'clock. 

U.  What  occurred  then?  A.  He  was  going  into  the 
hotel;  I  was  standing  talking  to  a  young  man  named 
Callan,  I  think,  who  works  in  one  of  the  Departments; 
he  was  formeriy  a  sergeant  of  cavalry,  I  think  ;  I  said 
to  Callan,  "I  would  like  to  go  npto  Wlllard's  Hotel  and 
see  if  we  can  see  General  Grant:"  I  had  neverseen 
him;  said  I,  "Will  you  come  and  go  along?"  He  said 
"No;  I  have  got  an  eng:igement  to  be  here  at.  five 
o'clock,  to  meet  some  person."  So  I  did  not  go,  but 
went  into  the  hotel,  saying,  "I  wonder  what  time 
it  is  now;  it  must  be  time  "for  your  friend  to  come,  if  he 
is  coming."  I  went  in  and  found  It  was  five,  or  five 
minutes  of  it,  and  said  I,  'T  guess  you  can  go  now:  that 
engagement  is  up;"  he  said,  "No;  I  will  wait  a  little 
longer."  Just  then  Booth  passed  megoing  into  the  hotel, 
and  turned  around  and  spoke  to  me  I  asked  him 
when  he  came  Ironi  Canada,  for  I  did  not  know 
he  had  left  there.  He  said  he  had  been  back  lor  some 
time,  and  was  going  to  st  ly  here  some  time,  and  would 
see  n-e  again;  X  askecl,  "Are  you  going  to  play  liere 
again/"  said  he,  "No,  I  am  m  t  going  to  play  again:  I 
am  in  the  oil  business:''  I  la'ighed  and  joked  at  that,  it 
being  a  common  joKeto  talk  ab  mt  the  oil  business;  a 
few  minutes  afterwards  I  saw  htm  coming  down  street 
on  horseback,  on  a  bay  horse;  I'lo  k  particular  notice 
wh;:tkiiid  of  a  looking  rig  he  had  on  the  horse:  I  do 
not  know  what  made  me  do  it:  tne  next  I  saw  of  liim  I 
heard  the  speech  ands:'.w  h  in  jump  out  of  the  bo.x  at 
the  theatre,  and  wnen  1  e  fe  I  he  lell  on  one  hand  and 
one  knee,  and  I  recogidzed  hiui;  M"ie.lwith  Ids  face 
towards  the  audience:  I  said.  ''He  is  Jolm  Wilkes 
Booth,  and  he  bus  shot  thi'  Pre -id'  nt:''  I  made  that  re- 
mark ri  :ht  there:  f.iatistlie  last  ever  I  saw  of  him, 
when  lie  was  running  across  the  ^  tige. 

Q.  Y'ou  say  you  are  certain  you  saw  him  and  Sanders 
drinking  together,  as  well  as  talking?  A.  Yes  sir,  I 
did;  I  am  sure  of  it;  Sanders  says  h'^  never  saw  him: 
but  Sanders  tells  a  lie,  because  ho  did  see  him;  I  saw 
him  talking  to  him. 

Cross-examined  by  Mr.  Aiken.— Q.  How  long  have 
you  resided  in  this  city?  A.  I  have  been  olfand  t,n 
here  (or  a  year  or  two:  i  was  formerly  an  officer  in  the 
army.  Fourth  JNiaryh'iid  Begiment,  as  lieutenant  in 
Company  F;  I  was  "in  the  employ  of  Adams'  I'xpress 
Company  a  great  many  years,  and  worked  with  them 
in  Washington  lor  sometime. 

Q.  Are  you  acquainted  with  any  of  the  prisoners?  A. 
Not  that  I  know  of. 

Q.  Yon  are  not  acquainted  with  John  H.  Surratt? 
A.  No,  sir,  I  never  saw  hiirtin  my  life  to  my  know- 
ledge. 

P.v  the  Court.— Q.  Whv  did  vou  say  it  was  John 
Wilkes  Booth,  and  that  he  had  shot  ihePresiden?  A. 
I  did  not  know  Mr.  Lincoln  had  been  shot,  hut  it 
fiash'^d  on  my  mind  when  Booth  jumped  out  of  that 
box  tlr.it  he  liad  donesueh  a  thing,  because  I  knrw  the 
I're.-ident  was  in  t!ie  box:  I  saw  him  go  in,  and  I  heard 
theiiistol  shot  and  the  words,  •'■air ^\rinprr  Ti/rminis,'' 
and  I  knew  Ironi  my  sehool-bo.v  knowledge  that  was 
the  motto  of  the  State  ot  Virginia. 

By  the  Judge  Advocate.— Q.  You  sav  Booth  shouted 

"NicSrinprr  Ti/rannix.i"    A.  I  heard  the  words  in  the 

box;  I  think  it  was  Booth  said  that;  I  heard  the  words 

[  be.ore  I  s.aw  the  man. 

I     (i.  Had  he  his   knit>  in  his  hand  as  he  went  across 

the  stage?  A.  He  liad. 
i  Q.  Did  he  make  any  remark  as  he  crossed  the  .stage? 
A.  It  is  said  he  did.  but  I  did  not  no;icei!;  the  excite- 
ment was  so  great  that  1  did  not  notice  it:  I  can  saiely 
swe:ir  that  1  did  not  hear  any  remark;  at  least,  I  can- 
not call  to  mind  that  I  did. 

Liieufenaj^t-Ooiieral  I71ys«<es  S.  Grant, 

A  witness  called  for  the  prosecution, being  duly  sworn, 

testified  as  lollows:— 

By  the  J  uilge  Advocate.— Q.  Will  yon  state  whether 

you  are   acnuainted  with   Jacob  Thompson,  lorinerly 

Secretary  ot  the  Interior  under  President  Buchanan's 

administration?    A.  I  met  him  once;   that  was  when 

llhearnivwas   lying  opposite  Vicksbnrg,  at   what   is 

called  Milliken'.s  Bend  and  Young's  Point;  a  little  boat 

I  was  discovered  coming  up   on  the  opposite  shore,  ap 

I  i;arently  surreptitiously,  trying  to   avoid   detection, 

I  and  a  little  tug  was  sent  out  from    the  navy  to   pick  it 

]  uji;  when  they  got  to  it  they  lound    a  little  white  Hag 

1  Slicking  out  ol  the  stern  of'  the  row-boat,   and  Jacob 


TRIAL   OF  THE   ASSASSINS  AT  WASHINGTON". 


45 


Tliompson  in  it;  they  brought  him  to  Admiral  Porter's 
flas;-sliip.  and  I  was  "sent  lor  and  met  him;  I  (In  not  re- 
collect now  the  ostensible  business  be  had:  tliere 
seemed  to  bo  nothin'.,' important  at  all  in  the  visit,  but 
he  pretended  to  be  under  a  flapr  ol' truce,  and,  tliere- 
forc.  he  had  to  be  allowed  to  po  back  aprain. 

Q.  When  was  ttiat?  A.  I  cannotsay  whether  itwasin 
January  or  February,  1863:  it  was  the  first  flag  ot  truce 
we  l;pd.  tliou'rh. 

Q.  Did  he  profess  to  be,  and  seem  to  be.  in  the  mili- 
tarv  seiA-ice  of  tlie  Rebels?  A.  Ilesaid  he  had  been 
ofTered  a  commission— anything  he  wanted,  but  know- 
hig  that  he  was  not  a  military  man,  he  preferred  bav- 
ins somethine;  more  like  a  civil  arpointmeiit,  and  ho 
had  taken  the  place  of  an  Inspector-General  in  the 
Eei^rl  service. 

Q.  Di<l  he  then  hold  that  position?  A.  That  was 
what  he  said,  that  he  was  an  Inspector-General,  or 
Assistant  Inspector-General,  with  the  rank  of  Lieu- 
tenant-Colonel, I  think  he  said. 

Q.  The  Military  Department  of  Washington,  as  it  is 
siiokenol'in  military  parlance,  embraces  the  city  of 
Washin-jton.  does  it  not,  and  did  it  not  during  the  past 
year?    A.  Yes  sir. 

Q.  And  all  the  defenses  of  the  city?  A.  Yes  sir,  and 
on  the  other  side  of  tlie  river  aiid  Alexandria. 

Q.  It  embraces  all  the  fortiflcations  on  both  sides? 
A.  Yes,  sir. 

Q.  I  have  in  my  hand  a  copy  of  yonr  commission  as 
liieutenant-fieueral  of  tlie  Armies  of  the  United 
States.bearingdate  the  4tli  day  of  March.  isi;4;  will  yoii 
state  whether  or  not  since  that  time  you  have  conti- 
nued to  be  in  command,  under  that  commission,  of  the 
Armies  of  the  United  States?    A.  I  have. 

[The  Judge  Advocate  offered  in  evidence,  without 
objection,  the  commi-sion  of  Lienten  int-General 
Grant,  dated  March  4,  18rt4.  accompanied  by  General 
Orders  No.  fiR,  March,  which  are  appended  to  there- 
cord,  marlveil  Exhibit  No.  6.] 

Cross-examined  by  Mr.  Aiken.— Q.  Are  you  aware 
that  the  civil  courts  are  in  operation  in  this  city,  all  of 
them?    A.  Yes, sir. 

O.  IIow  far  towards  Baltimore  does  the  Department 
ol  Washington  extend?  A.  I  could  not  say  exactly  to 
what  point;  anv  troops  that  belom;:  to  General  Augur's 
cC'mmand,  however,  that  he  sends  out  to  any  peint 
woubl  necessarily  remain  under  biscommand;  he  com- 
mands the  Department  ot  Washington. 

Q.  Is  any  portion  ol'the  State  oI'Maryland  in  the  De- 
partment ot  Washington?  A.  Oh  yes  sir;  martial 
law,  I  believe,  extends  to  all  tlie  territory  south  of  the 
railroad  that  runs  across  from  Annapolis,  running 
south  to  the  Pntom.ac  and  the  Cuesapeake. 

Cross-examined  by  Mr,  Ewing.— Q.  Bv  virtue  of  what 
order  does  martial  law  extend  south  of  Annapolis?  A. 
I  never  saw  the  order;  it  is  just  simply  an  under- 
standing. 

Q.  It  is  just  an  understanding?  A.  Yes  sir,  just  an 
xmder-;tariding  that  it  does  exist. 

Q.  You  have  n<>ver  seen  any  order?    A.  No  sir. 

Q.  And  do  not  know  that  such  an  order  exists?  A. 
No  sir,  I  have  never  seen  the  order. 

Joseph  II.  SiniBonrts, 

A  witness  called  for  the  prosecution,  being  duly  sworn, 
testified  as  follows:— 

r.y  the  .Tudge  Advocate:— Q.  Were  you  acquainted 
with  J.  WilkesBooth.  in  his  lifetime?    A.  I  was. 

Q.  What  relation  did  you  sustain  to  him— were  you 
his  agent?    A.  I  was  his  business  agent,  really. 

Q.  In  what  region  of  country,  and  in  connection  with 
what  business?  A.  I  was  principally  in  the  oil  region: 
I  did  sorii"  little  liusine'^s  for  hiai  in  tiie  city  of  Boston, 
but  very  little,  whicli  was  entirely  closed  up  belore  I 
left  there. 

Q.  What  wa.s  the  character  of  his  interest  there  in 
the  oil  region  ?  A.  lie  owned  a  third  undivided  inte- 
rest at  first  in  a  lease  of  three-and-a-half  acres  on  the 
Allegheny  river,  near  Franklin. 

Q.  For  which  he  i>aid  how  much  ?  A.  It  was  bought 
by  means  of  contracting  to  pay  olTtlie  ohJ  debts  of 
th.at  lease  and  carry  on  the  work:  afterward  the  land 
interest  vv:'.s  bought,  he  (urnishng  one-ha!  f  of  tlio  pur- 
chase money  of  the  land  interest,  and  owning  one  un- 
divided third  as  iibove  stated. 

Q.  How  ranch  did  he  pay  ?  A.  The  land  interest  cost 
$4f")0:   be  p;;id  J2000.  one  half  of  it. 

Q.  Did  he  make  any  other  investments  on  which  he 
paid  money?    A.  Yes  sir. 

Q.  What"  was  the  total  amount  of  them  ?  A.  He 
purchased,  for  $l(io:i.  an  in'  erest  in  an  association  there 
owning  an  undivided  thirtieth  of  a  tract. 

Q.  What  other  purchases  did  he  make?  A.  That  is 
all  that  he  everabsolutely  purchased:  there  was  money 
spent  in  carryingon  tbeexpensesof  this  lease  jirevious 
to  his  purchase  of  the  land  interest;  at  the  time  of  tlie 
purchase  of  the  land  interest  the  work  was  stopped,  and 
there  were  no  more  expenses. 

Q.  These  interests  of  which  you  speak  were  all  that 
he  possessed  in  the  oil  regions  ?  A .  Yes  sir;  all  that  he 
ever  possessed  in  Venango,  to  my  knowledge. 

Q.  Did  he  ever  realize  anything  from  them  ?  A.  Not 
a  dollar. 

Q.  They  were  a  total  loss  ?  A.  Tes;  as  far  as  he  was 
concerned. 

Q.  When  did  this  occur?  In  what  year?  A.  Tl»<»  first 


interest  he  acquired  in  any  way  %vas  either  in  Decern 
ber,  ISij.!,  or  January,  ISG4:  I  cannot  say  as  to  the  date:  it 
was  only  from  his  report  to  me  that!  knew  of  it;  my 
lirst  knowledge  of  it  was  in  Max-.  ISM;  I  accompanied 
him  to  the  oil  regions  in  .lune,  1S64,  (or  thepurposeof 
taking  charge  of  his  business  there. 

Q.  Have  you  given  the  total  amount  of  the  invest- 
ment that  Booth  made?  What  do  yon  consider  the 
total  amount?  A.  The  whole  amount  invested  in  thi.5 
Alleghany  river  property,  in  every  way,  was  about 
$.'>iioi:  I  cannot  give  the  exact  figures  in  dollars  and 
cents. 

Q.  And  the  other  investment  was  about  ?1000?  A. 
Yes,  sir. 

Q.  Makins$6000in  all?    A.  Yes,  sir. 

Q.  And  that  j-ou  know  to  have  'ooen  a  total  loss  to 
him?  A.  Yes,  sir,  that  is,  it  was  trans''erred;  liis  busi- 
ness was  entirely  closed  out  there  in  the  latter  part  of 
September,  1804;  I  think  vn  the  '.'.7th  of  September. 

Q.  Was  it  placed  in  your  hands  as  trustee,  or 
to  whom  was  it  transferred?  A.  Theie  were 
three  owners,  as  I  have  told  you.  He  held  an 
undivided  third.  The  three  owiiers  all  decided  to 
place  the  property  in  my  hands  as  trustee  to  hold 
for  them.  It  was  so  mentioned  in  tlie  deed,  and  their 
several  names  were  mentioned  in  the  deed.  Immedi- 
ately upon  the  execution  of  that  deed  he  asked  me  to 
make  a  deed  conveying  bis  interest  away,  which  I  did 
in  accordance  with  his  instructions.  These  deeds  were 
properl.y  executed,  conveying  his  whole  interest  away 
inthatway.  At  the  same  time,  this  other  interest  in 
a  difi'eren  t  portion  of  the  country,  on  a  diOerent  stream, 
for  which  he  had  pnid  5=1.000.  heal'^o  transfered,  whicli 
was  done  by  a  different  process,  by  assignment  on  the 
receiyit  which  he  held  for  his  interest. 

Q.  Thi-i  was  all  done  last  fall?  A.  It  was  done  in 
Sei-temher;  I  think  the  'ivth  or  '28th  of  the  month.  I 
cannot  be  exact  as  to  the  date  It  was  done  the  day 
he  left  Franklin,  the  last  time  I  ever  sawhim. 

Q.  Were  the  convej-anees  without  compensation  or 
voluntary  gilts?  A.  One  was  made  to  his  brother, 
Junius  Brutus  Booth:  which  w.as  without  compen- 
sation, but  a  cot'sideratioii  was  mentioned  in  the  deed. 

Q.  But  there  was  none  in  fact?  A.  No  sir;  none  in 
fact ;  the  other  was  to  me,  and  tlie  same  consideration 
w.as  mentioned,  but  it  was  done  in  consideration  of  my 
services,  for  which  I  have  never  received  any  other 
I^y. 

'  Q.  There  was  nothing  paid  him  at  all  on  either  of 
theni?  A.  No  sir;  not  a  dollar;  and  he  paid  all  the 
expenses  of  the  transler  and  the  conveyances. 

Sntnnel  P.  Jones,  (blind.) 

a  witness  called  for  the  prosecution,  being  duly  sworn, 
testified  as  follows  :— 

By  the  Judse  Advocate.— Q.  Tlave  you  resided  In 
Richmond  at  any  time  during  the  war  ?    A.  I  have. 

Q.  State  any  conversations  yi;n  may  have  neard 
th<'re,  to  which  officers  of  the  Rebel  Govern  inent  were 
part-es  in  regard  to  the  contemplated  assassination  of 
the  Pres-dent  of  tlie  United  States.  A.  The  nearest  I 
know  anything  to  that  point  among  the  oiUcers  titero, 
is  their  common  conversation  in  camp,  as  I  would  go 
about  amongst  them,  and  their  conversations  wouldbe 
ofth.is  nature  :— That  all  suspieioned  persons,  or  those 
kind  of  people  they  were  not  certain  were  of  iheir  way 
oftliinking,  they  would  bush  uo  as  soon  as  they  came 
near  them:  but  after  I  found  out  what  I  could  learn  in 
reference  to  these  things,  tliev  were  desperately 
anxious  that  an.v  such  thing  as  this  should  be  accom- 
plished. 

Q.  Will  you  state  any  particular  occasion?  A.  In  a 
general  way  I  li.ave  heard  sums  offered,  to  be  paid  with 
a  Confederate  sum,  for  anv  person  or  persons  to  go 
North  and  assassinate  the  President. 

Q.  Do  you  remember  any  occa  ion  when  any  such 
offers  were  made  or  any  amount  iiamrd,  and  by  what 
kind  of  officers?  A.  At  t  lis  moment  I  cannot  tell  you 
the i^articular  names  of  sboulder-strap'.&c. 

Q.  Do  you  remember  any  occ:is:on—some  dinner  oc- 
casion? A.  I  can  tell  you  ihi^:  I  beanl  a  ci'i7.e  i  make 
theremark  once  that 'he  would  give  from  bis  firivate 
pursePlO.otiO  in  additMin  to  the  Confederate  amnint  to 
have  the  Presidmt  ass.as^innted,  to  bring  him  to  Rich- 
mond, dead  or  alive,  lor  proof. 

Q.  What  was  meant  by  Uiat  phrase,  "in  addition  to 
the  Confederate  ani'.iunt?"  A.  I  know  nothing  about 
that,  anv  more  than  i  he  way  they  would  exv<ress  it; 
I  sl-O'ild  iud'.;e,  from  drawing.".!!  in'erence,  that  thero 
was  any  amount  ofl'red  by  the  Government,  in  that 
trashy  jiaper.  toas'jassinate  any  o'.licais  that  were  hin- 
dering tlieir  cause,  and  even  I  have  heard  it  down  as 
low  as  a  jirivate  or  citizen:  lor  in  t-uice.  if  it  is  not  di- 
gressing from  the  pnrijose,  I  know  ol'  a  Kenttickian, 
but  cannot  tell  von  tlie  name  now,  I'.ia'  was  putting  up 
at  the  Exchange  Hotel,  or  otherwise.  B  dlard  House, 
(thev  belong  tothe  sam'^  jiroperty,  and  are  connect"d 
liy  a  bridge  over  Franklin  street):  he  was  arrested 
under  suspicion  of  beinc  a  spy;  1  can  tell  you  tlie  name 
now,  his  name  was  Webster,  if  I  reni'Tiiber  ri  iitly:  I 
always  supposed,  from  wli.at  I  under-;tood,  that  he 
came  down  to  buy  goods;  but  they  took  him  as  a  spy 
and  hung  him:  whether  it  was  in  reference  to  this  a<?- 
sassination  I  cannot  say. 

Q.  I  understood  you  to  say  that  it  was  a  subject  of 
General  conversation  among  the  Rebel  officers?    A.  It 


46 


TRIAL   OF   THE   ASSASSINS   AT  WASHIXGTO>^. 


was;  the  Kebel  ofTicors.as  they  wouM  be  sitting  around 
t!)eir  tent  doors,  woukl  be  convorsin-;  on  such  a  sub- 
ject aereat  deal;  thry  would  be  saying  they  would  like 
toseeliis  bead  bronslit  there,  dead  or  alive,  and  tliey 
should  think  it  could  be  done,  and  I  have  heard  such 
things  staled  as  that  they  had  certain  persons  under- 
taking it. 

Samnel  Knapp  Chostor,, 

A  witnesscalled  for  the  prosecution,  being  duly  sworn 
testified  as  Ibllows:— 

By  the  Judge  Advocate.— Q.  Your  profession  is  that 
of  an  actor?    A.  Yes  sir. 

Q.  Have  you  known  J.Wilkes  Booth  a  good  many 
years?  A.  I  have  known  him  abont  ten  or  eleven 
years,  since  I  lirst  met  him. 

Q.  Quite  intimately.  I  suppose?  A,  For  about  six  or 
seven  years  intimately. 

Q.  Can  you  recall  :i  conversation  which  you  are  sup- 
posed to  have  had  with  him  in  November  last  in  iS'evv 
York?    Yes  sir. 

Q.  What  time  in  the  month  was  it?  A.  I  think  it 
was  in  November  that  I  had  a  conversation  with  liim. 

Q.  What  time  in  November?  State  about  the  period 
of  time.  A.  I  cannot  think  of  the  exact  date,  but  it 
was  in  the  early  portion  of  November;  one  day  we 
were  in  conversation,  and  I  asked  him  why  lie  was 
not  acting,  and  he  told  me  that  he  did  not  intend  to 
act  in  this  portion  of  the  couniry  again:  that  he  had 
taken  his  wardrobe  to  Canada,  and  intended  to  run 
the  blockade. 

Q.  Did  you  meet  him  after  that,  and  have  some  con- 
versation with  him  in  regard  to  oil  speculations,  or  was 
it  at  the  same  time?  A.  No  sir;  the  next  time  I  met 
him  was  about  the  time  we  were  to  play  Julius  C(r''nr. 
which  we  did  play  on  the  2oth  of  November;  and  It 
was  either  on  the  2-lth  or  23th  that  he  asked  me  to 
take  awalk  witli  him,  or  asked  if  I  knew  some  cos- 
tumers,  where  he  might  get  some  dresses  for  his  cha- 
racter in  that  play;  and  I  asked  him  where  his  own 
wardrobe  was. 

Q.  Was  that  in  the  city  of  New  York?  A.  Yes;  I 
never  had  any  conversation  with  him  relative  to 
this  affair  out  of  New  York;  be. said  it  was  still  in 
Canada,  in  charge  of  a  friend,  and  I  think  he  said. 
named  Martin;  I  will  not  be  positive,  but  I  think  he 
said  it  was  in  Montreal:  he  did  not  say  anvthing  to  me 
at  all  about  the  oil  business  then,  that"l  remember. 

Q.  Did  he  not  ask  you  how  you  would  1  ike  to 
go  into  the  oil  business  with  him?  A.  Not  in  the 
oil  business;  he  never  mentioned  that. 

d.  He  told  you  he  had  a  big  speculation  on  hand?  A. 
Yes,  sir. 

Q.  Did  he  ask  you  to  go  in  with  him?  A.  Yes  sir;  I 
met  him,  and  he  was  talking  with  some  friends,  and 
thev  were  joking  with  him  about  the  atJair;  I  met  him 
on  Broadway;  after  he  left  them  he  said  he  had  a  bet- 
ter speculation  than  that  on  hand,  and  one  they  would 
not  laugh  at;  some  time  alter  that  I  met  him  again 
and  he  agam  talked  of  this  speculation,  and  .asked  me 
how  I  would  like  to  go  in  with  him:  I  to'.d  him  I  was 
without  means,  that  I  could  not;  and  he  said  it  did  not 
matter,  he  always  liked  me  and  would  furnish  the 
means:  the  next  time  I  heard  from  him  he  was  in 
Wa^ihington. 

Q.  State  the  whole  of  the  conversation  in  which  he 
urged  you  to  go  into  this  speculation  in  New  York. 
A.  As  well  as  I  can  rememhf'r.  I  will  tell  vou  from 
begmuing  to  erd.  He  left  me  then  in  New  York, 
and  I  received  several  letters  from  him  from  Wash- 
ington, telling  me  he  wasspeculatingin  farms  in  lower 
Maryland  aiid  was  sure  to  coin  nionev;  that  I  must 
go  with  h'm  to  Virginia,  and  still  telling  me  that  I 
mustjoin  him;  that  I  paid  verv  little  attention  to  it. 
Then  about  the  latter  part  of  December  or  earlv  in 
January,  I  will  not  be  positive  which  it  was,  bui'late 
in  l)ec»n!ber  or  early  in  January,  he  came' to  New 
York;  I  then  lived  at  No.  45  Grove  street;  he  a,sked  me 
totake  a  walk  with  him;  I  did  so:  we  went  out  and 
went  into  a  saloon  known  as  the  House  of  I.nrds,  oti 
Houston  street;  we  n  mained  there  a  considerable 
time;  I  suppose  an  hour,  eating  and  drinking;  he  had 
often  mentioned  this  affair,  that  i=,  his  speculation;  but 
wouldneversay  wnat  it  was;  ifl  would  askhimwhat  it 
■was  hewonid  say  he  would  tell  me  bv-and-ijy.  We 
lett  there  and  went  to  another  saloon"iinder  the  Re- 
vere House,  and  ate  some  oysters.  Wo  then  started  up 
Broadway;  I  tliought  it  was  time  to  go  home,  and  my 
way  was  down  P.leeckerstreet.  that  is,  up  Broadway 
from  the  corner  of  Houstor,  and  1  had  to  turn  down 
Bleecker  street  to  get  to  Grove  street;  I  bade  him  good 
night.  He  asked  me  to  walk  apiece  furthtr  up  the 
street  with  him,  and  I  did  so:  I  walked  a  sfiuare.  that 
is,  to  I'ourth  street,  or  next  street;  he  r.sked  rao  to 
walk  up  therev.-ith  him,  and  I  did  so;  hea?krdmeto 
walk  up  I'ourth  street  because  Bro.\dwav  was 
crowded;  he  said  Fourth  street  was  not  sofun'o'peo- 
ple  as  Broadwiiy.  and  he  wanted  to  teil  ine  about  that 
speculation;  I  walked  up  there  with  him,  and  when 
we  got  into  an  nnlrequented  i.ortion  of  the  sireet,  he 
stopped  ;nd  told  methenthatho  was  in  a  large  con- 
spiracy to  capture  the  heads  of  the  Government,  in- 
cluding the  I'lesideut,  and  take  them  to  Richmond;  I 
a-kedh'm  if  that  was  what  he  wished  me  to  go  in-  ho 
said  it  wa.s;  I  told  him  I  covtld  not  do  it.  that  it  w:;s  an 
impossibility;  only  to  tuiuk  of  my  lamily;   he  said  he 


had  two  or  three  thousand  dollars  that  he  could  leave 
tliem;  I  still  said  I  could  not  do  it;  be  urged  it,  and 
talked  with  me  for.  I  suppose,  twenty  minutes  or  half 
an  hour,  and  I  still  refused;  he  then  told  me  that  at 
least  I  would  not  betrav  him,  and  said  I  dare  not;  he 
said  he  could  implicate  me  in  the  affair,  anv  how:  he 
said  that  the  party  were  sworn  together,  and  thatiri 
attempted  to  betray  them  I  would  be  Imnted  down 
through  life,  and  talked  some  more  about  llie  aff'>.lr;  I 
cannot  remember  it  now;  but  still  urging  me  saving  I 
had  better  go  in;  I  told  him  no,  and  bade  him" good- 
night, and  I  went  home, 

Q.  Did  he  indicate  to  you  what  part  he  wished  vou  to 
play  in  carrying  out  this  conspiracy?    A.  Yes  sir. 

Q.  What  did  he  say  ?  A.  That  I  was  to  open  the 
backdoor  of  the  Theatre  at  a  signal. 

Q.  Did  he  indicateat  what  Theatre  this  was  to  occur? 
A.  Yes;  he  told  me  Ford's  Theatre:  because  it  must  be 
someone  acquamted  or  connected  with  the  Theatre 
who  could  take  part  in  if. 

Q.  Ford's  Theatre  in  Washington  ?    A.  Yes  sir. 

Q.  Did  he  urge  you  upon  the  ground  that  it  was  an 
easy  affair,  and  that  you  would  have  very  little  to  do  ? 
A.  Yes,  he  said  that;  that  was  all  I  would  have  to  do, 
he  said.    Hesaid  the  thing  was  sure  to  succeed. 

Q.  What  prsparationsdid  hesay,  if  any,  had  been 
made  toward  the  conspiracy?  A.  He  told  me  that 
everything  was  in  readiness:  that  it  was  sure  to  suc- 
ceed, for  there  were  parties  on  the  other  side  ready  to 
co-operate  with  them. 

Q.  Did  you  understand  from  him  that  the  Rebel 
Government  was  sanctioning  what  he  was  doing  ?  A. 
He  never  told  me  that. 

Q.  W^hatdoyou  mean  by  parties  on  the  other  side? 
A.  I  imagined  that  they  were  on  the  other  side,  but 
he  did  not  say  who  thej'  were:  I  mean  they  were  those 
people:  he  said  on  the  other  side. 

Q.  Did  lie  mention  the  ]irobable  number  of  persons 
engaged  in  the  conspiracy?  A.  He  said  there  were 
from  fifty  to  a  hundred:  he  said  that  when  he  tirst 
mentioned  the  affair  to  me. 

Q.  Did  he  write  to  j-ou?  A.  He  wrote  about  this 
speculation,  ana  then  he  wrote  to  me  again;  that  must 
ha%'e  been  in  January. 

Q.  Have  you  tliose  letters?  A.  I  never  kept  my  let- 
ters; every  Sunday  I  devote  to  answering  my  corre- 
spondents, and  generally  destroy  their  letters  then. 

Q.  Did  he  or  not  make  you  any  remittance  with  a 
view  of  enabling  j-ou  to  come  to  Washington  ?  A.  Oh 
yes  sir ;  alter  I  had  declined  going,  had  refu'sed  him,  I 
got  a  letter  from  him  stating  that  I  must  come ;  this 
was  the  letter  in  which  he  tuld  me  it  was  sure  to  suc- 
ceed; I  wrote  back  that  it  was  imprissible;  I  would  not 
come:  then,  by  return  mail,  1  think,!  got  another  let- 
ter, with.'oi) inclosed, sajing  I  must  come,  and  must  be 
sure  to  be  thereby  Saturday  night ;  I  did  not  go;  I  had 
not  been  out  of  New  York  since  last  summer. 

Q.  Can  you  remember  the  time  j'ou  received  the  last 
letter  with  the  $50  in  it?  A.  That  was  in  Jauuarv,  I 
think. 

Q.  You  say  he  said  he  had  $1000  to  leave  to  your  fa- 
mily?   A.  That  was  before,  at  the  first  interview. 

Q.  Did  he.  at  the  time  he  sent  .vou  the  first  §50,  men- 
tion any  more?    A.  In  the  letter  he  did  not. 

Q.  Did  he  speak  of  having  plenty  of  funds  for  the 
purpose  ?    A.  Not  in  his  letter. 

Q.  Did  he  in  his  conversation  ?  A.  In  his  conversa- 
tion alter  he  came  to  New  York  again. 

Q.  Whatdid  hesay  then?  A.  When  became  to  New 
York  he  called  on  me  a  Tain  and  asked  me  to  take  a 
walk  with  him.  and  I  didso;  he  told  methat  he  had 
been  trying  to  get  another  party  to  join  him  named 
John  Matthevvs,  and  when  l.etold  him  whatlie  wanted 
to  do  that  the  man  was  very  much  frightened,  indeed, 
a:)d  would  not  join  him,  aiidhosaid  he  would  nothave 
cared  if  he  hid  sacrificed  him;  I  told  him  I  did  not 
think  it  was  right  tosiieak  in  tiiat  manner;  hesa'd  no, 
he  was  a  coward,  and  was  not  /it  to  live;  he  then  asked 
me  again  to  Join  him;  he  ti  Id  me  I  must  do  so;  he 
said  that  there  wasjilenty  ol  money  in  thead'air;  that  if 
I  wonlddoit  I  wimld  neverwuntagainaslongas  riived; 
that  I  would  never  want  for  money;  he  said  that  the 
President  and  some  of  the  heads  if  the  G'>vernmeiit 
came  to thetbeatre  very  IrequentiydnringMr.  Forrest's 
engagements;  Istill  urijedhim  n  r.tomeiiiion  thealiair 
to  me;  tothink  of  my  poor  lamily;  lie  said  lie  would 
provide  lor  my  goin;  with  him;  I  still  rolused;  hp.«aid 
he  would  ruin  me  in  theprolession  if  I  did  not  go:  I  told 
him  I  could  not  help  that,  and  begged  of' him  not  to 
mention  the  affair  tome:  when  lie  found  I  would  not 
go,  hesaid  he  honored  my  iiio'iher  and  respected  my 
w  fe,  and  he  was  sorry  lie  had  mentioned  this  ali'air  to 
me,  and  told  me  to  make  my  mind  easy,  he  would 
tioublomeabout  it  no  mure;  1  then  returned  him  the 
monej'  he. sent  me;  ho  said  lie  would  not  allow  me  to  do 
so,  but  that  he  was  very  short  of  funds— so  ver.vshort 
that  el  her  himself  or  some  of  the  party  must  go  to 
Richmond  to  obtain  means  to  carry  out  their  designs. 

Q.  He  said,  however,  that  there  was  plenty  of 
mone.v  in  the  enterprise?    A,  Yissir. 

Q.  When  did  tliis  last  onversaiiou  occur?  A.  That, 
I  think,  was  in  February. 

Q.  Did  he  have  any  conversation  with  you  at  a  later 
period,  after  the  inauguration,  as  to  the  opportunit.v 
v.-iiicliho  had  lor  the  a.s3:'.3S  nation  of  the  President? 
Did  he  speak   of  that?    A.  Yes  sir;   on  Friday,  one 


TRIAL   OF  THE   ASSASSINS   AT  WASHINGTOK 


A1 


weet  previous  to  the  assassination,  he  was  in  New 

Q.  What  did  he  say  then?  A.  We  were  in  the  House 
of  Lo ids  at  the  time,  sitting  at  a  table,  and  had  not 
been  there  long  beibre  he  exclaimed,  strikini,'  the 
X&hle,"  What  an  excellent  rhance  I  Had  to  kiUtlicrrrsl- 
dent,if  I  had  ici'hcd.  on  Inauguration  Day;'"  that  was 
all  he'said  relative  to  that. 

Q.  Did  he  explain  what  the  chance  was?  A.  No;  lie 
said  he  was  as  near  the  President  on  that  day  as  he 
was  tome;  that  is  all  ho  said. 

Q  Can  you  tell  at  what  time  in  February  he  said  it 
would  bo  necessary  to  send  to  Kichmond  lor  money? 
A.  No  sir;  I  cannot  tell  positively. 

Cross-examined  bv  Mr.  Clampitt.— Q.  Did  he  men- 
tion anv  names  of  those  who  were  connected  with 
him  in  this  plan  as  communicated  to  you  in  relerence 
to  the  assassination  of  Mr.  Lincoln?  A.  No,  sir,  not 
that  I  am  aware  of.  .  „     , 

Q.  You  never  heard  him  mention  any  names  7  A. 
I  never  did.  „    ^        ,      ^      j 

Cross-examined  by  Mr.  Ewing.—Q.  Do  I  understand 
you  to  say  that  bespoke  to  you  of  a  plan  to  assassi 
natc  the  President  and  to  capture  him?  A.  To  cap- 
ture him.  .  ,.  ,j 
Q  Did  ho  sav  anything  to  you  as  to  how  he  would 
got  him  oil'?    A.  No.                                   _     ,     ^     .^.  , 

Q.  As  to  where  he  would  take  him  ?    A.  To  Ilich- 
mond. 
Q.  By  what  route  ?    A.  He  did  not  say. 
Q.  He  spoke  of  there  being  persons  on  "the  other 
side?"    A.  Yes,  sir. 

Q.  Did  he  use  just  simply  that  expression,  or  did  he 
explain  what  ho  meant  by  the  "other  side.  '    Wluitdid 
you  understand  him  to  mean  ?    A.  He  did  notexplam 
it  at  all,  but  I  supposed  it  was  in  tue  South. 
Q.  Across  the  lines?    A.  Yes, sir. 
Q.  Across  the  river?    A.  Across  the  Potomac. 
Q.  Did  be  say  nothing  to  you  as  to  the  means  he  had 
providL'dor  proposed  to  provide  for  conducting  tlio 
President  aCter  he  should  be  seized?    A.  ISo,  sir;  on 
one  occasion  he  told  me  that  he  was  selliu'.;  olf  horses 
alter  he  bad  told  me  that  he  had  given  up  this  project. 
Q   When  did  he  sav  to  vou  that  he  had  abandoned 
the  idea  of  capturing  the  President?    A.  in  February, 
I  think.  ,    „ 

Q.  Did  he  say  whv  he  had  abandoned  It?  A.  Hesald 
the  allair  had  fallen  through  owing  to  some  of  the 
parties  backinc;  out. 

Q.  On  what  day  was  it  that  he  said  to  you  what  an 
excellent  chance  he  had  for  killing  the  President?  A. 
That  was  on  a  Friday,  one  week  previous  to  the  assas- 
Binatiou.  „ 

Q.  On  what  dav  of  April  was  that?    A.  The  7th, 
Q.  Did  hesay  anything  to  you  as   to  his  then  enter- 
taining, or  having  before  that  entertained,  the  purpose 
to  assassinate  thePresident?    A.  No,«ir. 

Q.  Did  he  say  anything  to  you  then  as  to  why  he  did 
not  assassinate  the  President?  A.  No.  sir;  that  was 
the  only  exclamation  he  made  use  of  relative  to  it. 

Q.  State  his  exact  words  if  you  can?  A.  He  said, 
"what  an  excellent  chancel  had.  if  I  wished.tokiU  the 
Presidentoii  inaugural  ion  day;  I  was  on  the  stand  as 
close  to  hiui  nearly  as  I  am  to  you."  That  is  as  near 
his  language  as  I  can  give. 

Q.  State  bow  far  he  explained  to  you  his  project  for 
capturing  the  President  in  the  theatre?  A.  I  believe  I 
have  stated  as  lar  as  I  know. 

Q.  Did  he  ever  indicate  how  he  expected  to  get  him 
from  the  box  to  the  stage  without  being  caught?  A. 
Ko,sir.  .        .  . 

Q.  Did  he  say  how  many  were  to  help  him  in  seizing 
the  President?    A.  No  sir. 

Q.  Did  he  name  anv  other  officials  who  were  to  be 
seized  besides  the  President?  A.  No:  the  only  time  he 
told  me,  he  said  "Vie  heads  of  the  Government,  including 
the  Pi-cxidint." 

By  the  Judge  Advocate.— Q.  I  understood  you  to  say 
that  he  staled  that  the  particular  enterprise  oc' cap- 
turing tlie  I'resiilont  and  heads  of  tlietJoveniinent  had 
been  given  up,  and  that  in  consequence  he  was  selling 
Olf  the  horses  he  had  bought  for  the  purpose?    A.  Yes 

Q.  He  did  not  state  to  vou  what  mode  of  proceeding 
had  been  substituted  for  that,  out  simply  that  that  one 
had  been  given  up?  A.  He  told  me  they  had  given  up 
the  attair. 

Q.  That  it  had  fallen  through?    A.  Yes  sir. 

The  Commission  then  adjiiurned  until  to-morrow, 
Saturday  morning,  May  13lh.  at  10  o'cIock. 


THE  PROCEEDINGS  ©F  TUESOAT. 

Wasuington,  May  IG.— According  to  the  intention 
declared  at  the  closing  of  the  preceding  session,  the 
Court  paid  an  informal  visit,  at  half-past  nine  o'clock 
this  morning,  to  the  scene  of  the  President's  assa-^sina- 
tion.  The  visit  was  made  at  the  suggestion  of  the 
Judge  Advocate-General,  with  the  object  of  enabling 
the  Court  to  acquire,  by  visual  observation  of  the  now 
hif.tor'c  locality,  such  a  knowledge  of  it  as  would  ren- 
ocT  amor,!  per. ect  uuderfctanding  of  all  the  evidence 


dependent  upon   its    intricacies  accurate  and  more 

easy. 

The  Court  arrived  at  the  appointed  hour.  Through 
the  usual  courtesy  of  the  Judge  Advocatc-Ceneral.and 
of  the  President  of  the  Court,  the  reporters  ofthe  Press 
wore  admitted.  The  announcement  of  the  intended 
visit  caused  quite  a  crowd  to  assemble  at  the  front  of 
the  theatre.  Nothing  is  changed  there.  Having  seen 
all  there  was  to  be  seen,  the  several  members  started 
for  the  Court  room  at  the  Penitentiary,  and,  on  their 
entering  it,  the  prisoners  were  brought  into  the  dock, 
and  many  eyes  instinctively  turned  towards  Spangler, 
who  sat  down  listlessly  and  leaned  back  against  the 
wall,  staring  vacantly. 

During  the  reading  of  the  record.  Mr.  Daniel  Stanton, 
who  was  present,  was  permitted  to  amend  the  record  of 
his  own  testimony  delivered  on  the  previous  day.  In 
the  amendment,  his  answer  to  the  question,  "Did  he 
ask  in  regard  to  General  Grant?"  now  reads,  "I  meant 
to  say  that  the  man  did  ask  for  General  Grant,"  in  lieu 
of  "I  don't  recollect  that  ho  did."  Mr.  Stanton  also 
added,  that  the  man  referred  to  said  he  was  a  lawyer, 
and  knew  Mr.  Stanton  very  well. 

The  Court  took  its  usual  recess,  after  which  the  read- 
ing of  the  lenethy  record  was  resumed  by  Mr.  D.  F. 
Murthy.  The  reading  being  concluded,  the  Court  pro- 
ceeded to  the  reception  of  testimony  for  the  prosecu- 
tion. 

Examination     of    .lohn    Bnrrow,    alias 
'•I'eanuts." 

Q.  State  whether  or  not  you   have  been   connected 

with  Ford's  Theatre,  in  this  city?    A.  Ye.s  sir. 

Q  In  what  capacity.'  A.  1  used  to  attend  to  the 
stage  door  and  carry  bills  in  the  day  time;  I  attended 
to  Booth's  horse,  stabling  anul  cleaning  him. 

Q.  Do  you  know  John  Wilkes  Booth?  A.  I  knew 
him  wnile  he  kept  his  horse  in  the  alley  in  that  stable 

Q.  immediately  back  of  the  theatre?    A,  Yes  sir. 

Q.  Did  youseejiim  on  the  afternoon  of  the  assassina- 
tion? A.  I  saw  him  bring  a  horse  into  the  stable,.about 
five  or  six  o'clock.  .       ,  . 

Q.  State  what  he  did?  A.  He  brought  him  there  and 
halloed  out  for  Spangler.  ,,,„.,, 

Q.  Did  Spangler  go  down  to  the  stable?  A.  ^  es,  sir; 
he  asked  him  for  a  halter,  and  he  went  down  for  one. 

Q.  How  hngdid  lie  remain  there?  A.  I  don't  know; 
I  think  Madaox  was  there,  too. 

Q.  Did  you  see  him  again  that  evening?  A.  I  did,  on 
the  stage,  that  night. 

Q.  Did  you.  or  not,  see  him  when  he  came  with  his 
horse,  between  nine  and  ten  o'clock?    A.  No,  sir.  I  did 

Q.  Did  you  see  the  horse  at  the  door?  A.I  saw  him 
when  Spangler  called  iiieout  to  hold  him. 

tj.  State  all  that  happened  at  that  lime;  did  you  see 
Booth  when  became  with  his  horse?    A.  No,  sir. 

Q.  Did  you  hear  him  call  lor  Spangler?  A.  No  sin 
ut  I  heard  a  man  call  Ned,  and  tell  him  Booth  wanted 

Q.' Who  held  Booth's  horse  that  evening?  A.  I  held 
him  that  night.  ,     ,j„     .     r, 

Q   Who  gavej'ou  the  horse  to  hold?    A.  Spangler. 

Q.  What  hour  was  that?    A.  Between  nine  and  ten. 

Q.  How  lung  before  the  curtain  was  up?  A.  About 
fifteen    miniues.  __     .     ^^     .    ,j 

O  What  did  Spangler  say  to  you?  A.  He  told  me 
to  hold  tl,e  horse;  I  told  him  I  had  to  attend  to  my 
door;  then  he  said  if  there  was  anything  wrong,  to  l.iy 
the  blame  ofit  on  bim.  ...       ■     ^  .v,„ 

Q.  Did  you  hold  him  near  the  door?  A.  Against  the 
bench  near  there.  ,    ,.,        ■  »  ,„     »    -.r™ 

Q   Did  you  hear  the  report  of  the  pistol?    A.  Yes. 

Q  Were  you  still  on  ilie  b(  uch  when  Booth  came 
out?    A.  Igotorftliebrnch  then.  „    .  .  i 

Q.  What  Old  he  say  when  ho  came  out?  A.  He  told 
me  to  give  him  his  horse.  „     .    ,t      x  »•« 

Q.  Did  you  go  again  to  the  door?  A.  No,  I  was  still 
against  the  bench.  „     ,         ,     , 

Q.  Did  he  do  anything  else?  A.  He  knocked  me 
down. 

Q   With  his  hand?    A.  No.  with  the  butt  of  his  knife. 

q'  Did  he  strike  you  again  or  kick  you?  Did  he  say 
anything  else?    A.    He  only  ha.loed   "Give  me  the 

horse."  ,.      ,   _     .    ,-       , 

ti.  And  rode  off  immedKitely?    A.  T  es  sir. 

Q.  State  whether  or  nut  you  were  in  the  Presi-dents 
box  that  afternoon?    A.  Yes  sir.     ^        ,    ,    ^  „ 

Q  Who  decorated  or  fixed  the  box  that  afternoon? 
A.  Harry  Ford  put  the  (lags  around  it.  .    ..^    .      , 

Q  Was  or  was  not  tlie  prisoner,  Spangler,  in  the  box? 
A.  Y'es  sir,  he  was  there  with  me. 

O.  What  was  he  doing?  A.  He  came  to  help  me  to 
takethepanitionoutof  thebox.  .,  ■      -     . 

U.  Doyuu  rfmembcrSpaiiplerRayir'ranytbing?  A 
lie  dam. led  the  President  and  t..eu.  Grant. 


48 


TRIAL   OF   THE   ASSASSINS  AT  WASHINGTON. 


Q.  Did  he  sav  anything  in  addition  to  that  ?  A.  No 
sir:  I  told  liim  ho  should  not  curse  a  man  that  way, 
thatlie  did  him  no  harm;  he  said  lie  ouglit  to  be 
cursed  for  gellinc;  so  many  men  liiiled. 

Q.  Did  he  or  did  lie  not  say  wliat  he  wished  might  he 
done  to  General  tJrant  and  the  President  ?  A.  iSo  sir; 
I  don't  remember  that  ho  did. 

Q.  Was  there  or  was  there  not  anything  said  in  the 
course  ol'that  otrnversation  as  to  what  niisht  or  might 
not  be  done  to  the     President    or   General   Grant  .' 

Mr.  Kwing  objected  to  the  last  three  questions,  and 
insisted  on  his  objection  being  entered  upon  the  re- 
cord, which  it  was. 

Cross-e.xamination  by  Sir.  F.wiug.— Q.  Did  you  say 
you  did  not  hear  anybody  calling  out  lor  Spanglcr?  A. 
I  heard  Deverney  call  him,  and  telling  him  that  Mr. 
Booth  wanted  him  out  in  the  alley. 

Q.  Who  is  Deverney?    A.  An  actor  in  the  theatre. 

Q.  How  long  was  it  after  that  before  Si5angler  called 

you?    A.  Kot  very  long;   about  six   or  seven  or  eight 
minutes. 

Q.  What  were  you  doing  when  Bpangler  called  you? 
A.  Sitting  in  front  of  the  door  entrance  on  the  lelt. 

Q.  Wliat  business  were  j'ou  doing?  A.  I  was  attend- 
ing to  the  stage  door. 

Q.  What  had  you  to  do  at  the  stage  door?  A.  To 
keep  strangers  out,  and  not  allow  them  in  unless  they 
belonged  there. 

Q.  And  you  told  him  you  could  not  hold  the  horse, 
and  had  to  attend  the  ckior;  and  he  said  if  anything 
went  wrong  to  lay  the  blame  on  him?    A.  Yes  sir. 

Q.  Were  you  in' front  ot  the  theatre  that  night?  A.  I 
was  out  there  while  the  curtain  was  down. 

Q.  You  went  oiit  at  every  act?  A.  1  go  out  every 
night  everv  time  the  curtain  is  down. 

Q.  Was  Booth  in  front  of  the  theatre?  A.  No  sir;  I 
did  not  see  him. 

Q.  Was  Spangler  in  front  of  the  theatre?    A.  No  sir. 

Q.  Did  you  ever  see  Spangler  wear  a  moustache?  A. 
No  sir. 

Q.  Do  you  know  whether  Spangler  had  on  any  whis- 
kers that  night?    A.  jN'o  sir.  1  d;d  not  see  an.v. 

Q.  Was  not  Spangler  in  the  liabit  of  hitching  up 
Booth's  horse?  A.  Yes,  he  wanted  to  take  the  bridle 
ofiF,  and  Booth  wouldn't  let  him, 

Q.  When?  About  six  o'clock;  he  didn't  take  it  off, 
but  he  put  a  halter  round  his  neck,  and  took  the  sad- 
dle otr. 

Q.  Was  not  Spangler  in  the  habit  of  bridling,  sad- 
dling and  hitching  up  Booth's  horse?  A.  Yes,  when  I 
was  not  there  he  would  hitch  him  up. 

Q.  Was  he  in  the  habit  of  holding  him  when  you 
were  not  about?  A,  Yes,  and  he  used  to  leed  him 
when  I  was  not  there. 

Q,.  You  and  iSpangler  together  attended  to  Booth's 
horse?  A.  Yes;  Mr. GiHbrd  said  ho  would  give  men 
good  job  if  I  knew  how  to  attend  to  horses;  I  said  I 
knew  something  about  it,  and  that  is  how  1  got  to 
attending  on  Booth's  horse. 

Q.  Do  you  know  the  way  Booth  went  out  after  he 
jumped  out  (if  the  President's  box?  A.  Mo  sir;  I  was 
out  atthetime. 

Q.  Do  .vou  know  that  passage  between  the  green 
room  and  scenes,  whicli  leads  to  the  back  door?  A. 
Yes,  on  the  other  side  of  the  stage. 

Q.  The  one  that  Booth  ran  through?  A.  I  don't 
know  which  entrance  Booth  ran  through. 

Q.  Was  Booth  about  the  theatre  a  great  deal?  A. 
He  was'nt  about  there  much;  he  came  there  some- 
times. 

Q.  Which  way  did  he  enter  generally?  A.  On  Tenth 
street. 

Q.  Didn't  he  sometimes  enter  the  back  way?  A. 
Sometimes. 

Q.  How  far  is  the  stable  where  Booth  kept  his  horse 
from  the  back  entrance  of  the  theatre?  A.  Two  hun- 
dred yards. 

Q.  Do  you  recollect  what  act  was  being  plaved  when 
you  first  went  out  to  hold  Booth's  horse?  A.  I  think  >:  was 
the  lirst  scene  of  the  third  act:  the  scene  at  curtains 
across  the  door;  it  was  the  first  scene. 

Q.  Was  that  scene  being  playeil  when  you  went  out? 
A.  Yes,  sir:  they  hadjust  been  closing  in. 

Q.  Did  you  ever  have  the  name  of 'Peanuts?"  A. 
That's  a  name  they  gave  me  when  I  kept  a  stand  there. 

By  Judge  Holt.— (i.  Did  Booth  ha\e  more  tiian  ono 
horsethr-re?    A.  Nosir, 

Q-  Did  I  undei-stand  vou  to  say  there  was  onlv  one 
horse  in  the  stable  that  alternoon?  A.  That  is"  all  J 
Baw,  and  I  was  there  between  five  and  six  o'clock. 

By  Mr.  lowing.— ti.  Do  you  know  what  side  of  the 
Pieatre  Spangler  worked  on  ?  A.  On  this  side,  on  the 
Ie;t ;  he  changed  thofCMics  on  the  left. 

Q.  Is  that  the  side  tlie  Presidents  box  was  on?  A. 
Yes  sir. 

Q.  Was  that  the  side  you  attended  the  door  on?  A. 
Yes  sir,  that's  the  side. 

Q.  When  yon  were  away  didn't  Spangler  attend  to 
the  door  ibr  you  ?    A.  Yes  sir. 

Q.  His  position  was  near  where  your  position  was  ? 
A.  Yes8ir. 

Q.  What  door  was  that;  was  It  the  door  that  went 
into  the  little  alky?  Yes  sir:  the  alley  from  Tenth 
street. 

Q.  You  attended  there  to  see  that  nobody  came  in 


who  w.as  not  authorized?    A.  Yessir;  whenthe  curtain 

was  down  I  used  to  go  outside. 

ti  .When  the  play  was  going  on  v/ho  was  thereon 
that  side  who  shoved  the  scenes  e.tcept  S|)angler?  A 
There  is  another  man  on  that  side;  two  work  on  that 
side,  and  three  im  the  other. 

Q.  Who  wiu3  Ihemaii  tl'at  worked  with  Spangler  on 
that  side?    A.  I  think  his  name  is  simonds. 

U.  Who  works  on  the  other  side?    A.  OneisSnkay. 

Q.  When  the  play  is  going  ou  do  these  men  always 
stay  there?    A.  Yessir. 

(4.  Tiiey  had  to  stay  to  shove  thescenes?  A.  Yessir: 
always  so  as  to  be  there  when  the  whistle  blows,  but 
sometimes  when  the  set'ne  would  last  a  whole  act  they 
Would  go  on  the  other  side. 

Q.  Didtiieynot  go  out?  A.  Sometimes  they  would 
go  out:  ii'it  ver.v  often  though. 

By  Jud;,'eHolt.— Q.  Was  there  another  horseinthat 
stable  any  day  before?  A.  There  were  two  on  one 
day. 

Q.  How  long  before  that  was  it  that  there  were  two? 
A.  Booth  bruughr  a  horse  and  bug-'jv  there  on  Sunday. 

Q.  '.V'lKitwas  the  appearance  of' the  horse?  A.  It 
was  a  little  horse;  I  don't  remember  the  color. 

Q.  Do  y.'U  remember  whether  he  was  blind  of  one 
eye?  A.  Kosir;  the  fellow  who  bronght  the  horse 
there  used  to  go  with  Booth  very  often. 

ti.  Do  you  see  that  man  among  the  prisoners  here— I 
mean  the  man  that  brouglit  the  horse?  A.  No  sir.  I 
don't  see  him  he-.-e;  this  fellow.  I  ttiiuk,  lives  in  the 
Navy  Yard;  I  saw  him  go  in  a  house  one  day  there 
when  I  carried  Ihebillsdown. 

By  thet'ourt.— Q.  Did  you  see  Booth  the  instant  he 
left  the  back  door  afttr  the  assassination  of  the  Presi- 
dent?   A.  Yessir,  when  he  rode  off. 

Q,.  Now  wliicli  door  wa.s  it,  the  small  or  the 
large  one  that  lie  came  out?  A,  The  small 
door. 

Q.  Wa.s  anybody  else  at  that  door?  A.  I  didn't 
see  anybody  else. 

ti.  liid  Spangler  pass  through  the  door  into 
the  passage  and  back  again  wliile  yon  ■were  sit- 
ting at  tliedooi?    A.  I  didn't  talcenotice. 

Q.  You  didn't  see  him  go  out  or  come  in 
while  you  were  there  ?    A.  No  sir. 

Q.  You  say  he  was  in  the  President's  box  the 
day  of  the  niurder.  What  time  of  day  was  that? 
A.  . 

Q.  Did  all  of  you  know  that  the  President 
■was  to  be  there  that  night?  A.  I  heard  Harry 
Ford  say  so. 

Q,.  Did  you  hear  Spangler  speak  of  it?  A.  I 
told  him  the  President  was  to  come  there. 

Q.  Wliat  time  was  that?  A.  About  three 
o'clock,  ■wlien  we  went  to  talce  t  lie  partition  out. 

Q.  Wlio  went  into  the  box  with  you  at  that 
time?    A.  There  was  me,  Spangler  and  Juke. 

Q.  Whois  Jiike?  A.  Theycalihim  Jake,  that's 
all  I  know. 

t^.  Is  he  a  black  or  a  white  man?  A.  A  white 
man. 

(^.  How  was  he  employed  in  the  theatre  ?  A. 
He  is  a  stage  carpenter. 

Q.  Is  he  employed  there  regularly?  A.  He 
was  at  work  there  night  and  day. 

t}.  He  had  been  there  for  some  time?  A.  For 
lliree  wvoks. 

Q.  How  long  did  you  stay  ■u-ith  them  in  the 
box?  A.  Till  we  took  the  pttrlition  out,  and  af- 
ter that  we  sat  down  in  the  box. 

Q.  Did  you  observe  whtit  else  they  did  in  the 
box?  A.  No;  Spangler  said  it  would  be  a  nice 
place  tt)  slcco  in. 

(J.  Did  yoii  observe  anybody  hankering  with 
the  luck  of  the  interior  door?    No,  sir. 

Q.  Do  you  Icnow  anything  of  tlie  preparation 
of  tliat  bar  inside  ?  A.  No  sir;  there  were  three 
musicsiands  there  and  I  tlirew  tneni  down  on 
the  stau'o;  they  were  left  there  the  night  there 
was  a  l)all  in  the  theatre. 

Q.  Do  you  know  whether  it  is  customary  to 
have  tluit  l)ar  there  ?     .\  .  No  sir. 

(■i.  There  never  was  any  tiling  of  that  kind 
therein-fore.    A.  No  sir, 

ti.  You  don't  know  who  put  the  bar  there  ? 
.\.  No  sir. 

Q.  Nor  who  made  the  preparation  for  it?  A. 
No  sir;  1  brought  the  flags  in  a  box  and  left 
iliem  there;  tiiter  we  got  ttirough  tliat  I  brought 
the  box  tliat  liad  contained  the  flags  and  came 
down. 

q.  Whocarried  the  keys  of  the  private  box?  A. 
They  were  always  left  in  the  box  olliee. 

Q."  Do  vou  know  wlio  besides  had  been  there 
that  day"?  A.  No  sir.  I  do  not. 

ti.  Did  you  .^co  anybody  in  the  box    occupied 


TRIAL   OF   THE   ASSASSINS   AT  WASHINGTON. 


49 


by  the  President  during  the  day  except  when 
Spausler  and  yourself  were  there?  A.  No  sir. 

Q.  Who  fixed  and  repaired  the  loeks  on  the 
private  boxes  f^euerallj'?  A.  1  don't  know  sir. 

Q,.  Were  there  loclis  on  the  private  boxes? 
A.  Yes  sir. 

Q.  Inside  or  outside?  A.  Inside. 

Q,.  When  you  went  down  after  you  left  the  flags 
there,  did  you  leave  Spanslerand  the  other  man 
at  work  then?  A.  No  sir;  they  went  down  on  the 
stage. 

Q,.  Did  you  see  anj'body  at  worli  in  that  box 
on  that  day?  A.  Nobody  only  Harry  Ford,  fix- 
ing the  flags. 

lie-cross-examined  by  Mr.  Ewing.— Q.  When 
you  went  tor  the  flags,  did  Span-^ler  and  Jake 
leave  the  box  at  the  same  time?  A.  Yes  sir, 
they  went  down  at  tliesaine  time. 

Q.  Where  did  you  go  then?    A.  I  went  home. 

Q,.  How  long  were  you  gone?  A.  No  more 
than  to  go  down  stan-s  and  bring  the  flags  and 
leave  them  in  the  box. 

Q.  Who  next  wont  in  ?  A.  Harry  Ford  was 
there  fixing  the  flags,  and  that's  all  I  saw. 

Q,.  What  time  was  tliat  ?  A.  About  half-past 
four  o'clock  he  was  fixing  the  flags. 

CJ,.  Do  you  know  whether  Spangler  went  there 
then  ?    A.  No  sir. 

Q,.  What  furniture  was  in  the  box  then?  A. 
Those  cane-seated  chairs. 

Q,.  Were  there  any  red  cushioned  chairs,  high 
backed?    A.  I  didn't  see  any. 

Q,.  Didn't  you  see  Spangler  in  the  box  after 
that  ?  A.  No;  the  last  I  saw  was  Harry  Ford  in 
tlie  box. 

Q,.  Do  you  know  where  Spangler  went  to?  A. 
No  sir. 

Q,.  Where  did  you  see  him  next?  A.  When 
Booth  called  him. 

Q,.  Where  did  you  go?  A.  I  went  to  the  front 
of  the  house,  on  the  steps. 

Q,.  How  long  did  you  stay  there.  A.  Not  very 
long. 

Q.  Where  did  you  go  then.    A.  I  came  inside. 

Q,.  Did  you  seeKpangler  inside  then?  A.  No 
sir:  that  was  about  the  time  he  went  to  the 
house,  and  I  went  there  too. 

Q.  What  time  was  that?  A.  Between  five  and 
six  o'clock. 

Q.  Are  you  acquainted  with  Surratt?  A. 
No  sir;  I  may  have  seen  him,  but  I  never  heard 
of  his  name. 

JSary  Ann  Turner  (Colored)   Sworn. 

By  Judge  Holt.— Q.  State  to  the  Court  where 
you  reside  in  this  city.  A.  In  tiie  rear  of  Ford's 
Theatre,  about  as  far  from  it  as  the  gentleman 
who  sits  there  is  from  me,  about  ten  feet. 

CI.  Didyouknow  J.  Wilkes  Booth?  A.  Iknew 
hiiu  when  I  saw  him. 

Q,.  State  what  you  saw  of  him  on  the  after- 
noon if  the  1-lth  of  April  last?  A.  Isawhiiii  be- 
tween three  and  four  o'clock,  to  the  best  of  my 
recollection,  standing  in  the  back  door  of  Ford's 
Theatre,  with  a  lady  standing  by  him;  I  did  not 
take  very  particular  notice  at  that  time,  and  saw 
no  more  ot  him  till,  I  snpijose,  between  Kcven 
and  eight  o'clock  tiiat  night;  ho  was  carr.ying  a 
horse  up  to  the  back  door;  he  opened  a  door  and 
called  for  a  man  by  the  name  of  Ned  three  times, 
if  not  mure;  this  Ned  came  out,  and  Iheard  him 
In  a  low  voice  tell  Maddox  to  stop  here;  Rladdox 
came,  and  I  seen  him  reach  out  his  hand  and 
take  the  horse  away;  Ned  then  went  on  into  the 
theatre. 

Q,.  Did  you  see  him  or  hear  him  when  ha 
came  out  after  tlie  assassination?  A.  I  only 
heard  a  horse  going  out  of  the  alley;  I  did  not 
see  him  at  all. 

Q.  Did  you  see  the  man  Ned?  A.  Y^'es,  I  rushed 
out  to  the  door,  a  crowd  had  come  out  at  this 
time,  and  Ned  came  out  of  the  door. 

Q.  Do  you  recognize  "  Ned"  among  the 
prisoners  at  the  bar?  A.  \"es,  I  recognize  him 
there  (pointing  to  Spangler  who,  by  direction 
ol  the  Court,  stood  up),  said  I,  "  Ned,  you  know 
that  man  wlao  called  to  you?"  said  he,  "  No,  I 
know  nothing  about  it,"  and  went  off  down  the 
alley. 

Q.  Was  that  all  that  occurred  between  you 
and  him?    A.  That  was  all. 

Cross-examined  by  Mr.  Ewing. — Q.  How  far 
is  your  house  from  the  back  door  of  the  theatre? 


A.  My  front  door  opens  on  the  back  of  the  thea- 
tre; there  is  another  house  adjoining  mine  be- 
tween it  and  the  theatre,  so  that  the  distance 
from  my  door  to  the  back  door  of  the  theatre  is 
about  twenty  feet. 

Q.  Dill  you  see  where  Spangler  went  when  he 
called  Maddox?  A.  I  did  not  sec  where  he  went. 

Q.  Did  he  go  olf?  A.  I  disremember,  I  didn't 
see  him  any  more. 

Q.  Did  you  see  him  go  in  and  call  Maddox? 
A.  Yes,  he  went  to  the  door  and  called  Maddox. 

Q.  Did  you  hear  him  call  Maddox?    A.iNo. 

Q.  Did  you  see  Spangler  come  out  again?  A. 
I  disremember  whether  he  came  out  again;  I  do 
not  think  he  did. 

Mary  Jane  Anderson  (eoloj-ert)  Sworn. 

By  Judge  Holt — Q.  Where  do  you  live  in  this 
city?  A.  I  live  between  E  and  F,  and  TNintU 
and  Tenth  streets,  right  back  of  the  tlieatre. 

Q.  Is  your  room  adjoining  that  of  the  woman 
who  has  just  testified?  A.  Y'es;  my  house  and 
hers  join. 

Q.  Did  you  know  John  Wilkes  Booth?  A. 
Yes,  by  sight. 

Q.  Did  you  see  him  in  the  afternoon  or  night 
of  the  14tli  of  April?  A.  Sir,  I  saw  him  in  the 
morning,  down  there  by  the  stable;  he  went  out 
of  the  alley  and  I  never  saw  him  any  more  till 
lietween  two  and  three  o'clock  in  the  afternoon; 
ho  was  standing  then  in  the  theatre  door  in  the 
alley  that  leads  out  back,  him  and  a  lady  stand- 
ing together,  talking;  I  stood  in  my  gate  and 
looked  right  over  at  them  a  considerable  while; 
they  turned  into  tlie  theatre  thon  and  1  never 
seen  him  any  more  till  night;  1  went  up  stairs 
Ijretty  early  that  night. 

night";  there  was  a  carriage  drove  up  the  alley 
after  I  went  up,  and  after  tliat  I  heard  ahorse 
stepping  down  the  alley,  and  looked.. out  of  the 
window,  and  it  seemed  us  though  the  gentleman 
was  leading  a  horse  down  the  alley;  he  did  not 
get  further  than  the  end  of  the  alloy,  wlien  he 
turned  back  again;  I  still  iookod  to  see  who  it 
was,  and  he  came  up  to  the  theatre  door,  and 
pushed  the  door  open;  he  said  soraothing  in  a 
low  tone,  and  then  halloed  in  a  loud  voice,  call- 
ing "Ned"  four  times;  there  was  a  colored  man 
who  sat  at  a  window,  and  he  said,  "Mr.  Ned, 
Booth  calls  you;"  that's  how  I  came  to 
know  it  w"as  Booth;  it  was  pretty  dark, 
and  I  could  not  see  what  kind  of  face  he 
had;  JNIr.  Ned  came,  and  Booth  said  to  him 
in  low  tone,  "Tell  Maddox  to  come  here;'' 
Mr.  Ned  went  back,  and  Mr.  Maddox  came  out* 
they  said  something  to  each  other,  but  I  could 
not  understand  from  my  window  what  the 
words  were;  after  that  Mr.  Maddox  took  hold  of 
the  horse,  and  he  and  Mr.  Nod  between  them 
had  tliehorscandcarried  him  round  the  corner, 
where  I  could  not  see  him;  Bootli  returned  back 
into  the  tlieatre,  and  t/iis  man  tvlio  had  carriedthe 
horse  went  iti  ut  the  door,  too;  the  horse  stayed  out 
there  a  consideralile  while  and  kept  a  consider- 
able stamping  on  the  stones;  1  said,  "I  wonder 
what  is  the  matter  with  this  liorse;"  aftera  while 
I  saw  here  persons  wlio  had  the  horse  walking 
backwards  and  forwards;  I  supposed  the  honse 
v/as  there  an  hour  and  a  half  altogether;  in 
about  ten  minutes  I  saw  this  man  come  out 
of  the  door,  with  soinoihlng  in  his  hand  glit- 
tering,but  I  do  notliiiowwhatitwas;  hejumped 
on  the  liorse  as  quick  as  he  came  out  of  the 
theatre  door,  and  was  gone  as  quick  as  a  llasli  of 
liglitning;  I  thought  the  horse  had  certainly  run 
oif  with  the  man;  iheii  I  saw  tlioni  running  out 
of  the  iloor,  and  asking  which  way  ho  had  gone; 
still  I  did  not  know  what  was  the  matter;  one 
man  said  the  I'rosident  was  shot;  I  said,  "by 
that  man  who  went  off'?"  he  said,  "yes;  did  you 
see  him?''  I  said,  "yes,  1  saw  him  when  he 
went  oil;"  this  was  the  last  time  I  saw  him. 

Q.  Did  you  see  the  prisoner,  Spangler,  at  that 
time?  A.  Yes,  I  saw  him  after  that;  after 
awhile  I  came  down  stairs  and  they  were  out- 
side talking;  I  went  up  to  the  theatre  door,  and 
Spangler  was  standing  there ;  I  said  to  Spangler, 
"that  gentleman  called  yon;"  he  said  "  no  ho 
didn't;"  said  I,  "yes  he  did;"  said  he,  "no  he 
didn't;"  I  said  he  did  and  kept  on  saying  so, 
and  with  that  he  walked  away,  and  I  did  not 
see  him  any  more  till  Sunday,  and  then  i.  didn't 
speak  to  him  at  all. 


50 


TRIAL   OF  THE  ASSASSINS   AT  WASHINGTON. 


Cross-examined  by  Mr.  Ewins.— Q.  Do  you 
know  Maddox  ?    A.  Yes  sir. 

Q.  Wliat  kind  of  a  lodging  man  is  lie?  A. 
Well,  he  has  a  kind  of  reddish  skin,  and  a  kind 
of  pale-  and  li'^ht  hair. 

Q.  How  old  a  man  is  he?  A.  I  suppose  25  or 
SO  years. 

Q.  Have  you  seen  him  often?  A.  Yes,  I  have 
seen  him  vcrj'  often;  I  live  close  there,  and  I 
used  to  work  for  him. 

Q.  L)id  he  hold  the  horse  all  the  time  after  ho 
was  brought  there?  A.  No,  not  all  the  time;  he 
took  hold  of  the  horse  and  it  seemed  as  though 
he  held  hira  a  little  while;  he  moved  him  out  of 
my  sight;  then  he  returned  and  went  into  the 
theatre;  ho  had  on  a  light  coat. 

Q,  Then  who  held  the  horse  when  he  went  in? 
A.  I  did  not  see;  as  it  was  carried  out  of  my 
Bight  I  heard  a  commotion,  and  it  seemed  as 
though  a  man  had  it,  but  I  could  not  tell  who  it 
Was;  the  horse  made  a  great  noise  stamingp 
about. 

Q.  I  understand  you  thatSpangler  just  came 
to  the  door,  that  Booth  asked  him  to  tell  Mad- 
dox to  come  out,  and  then  it  seems  as  If  he 
came  out  again?  A.  Whether  he  did  or  noi  I 
am  not  certain;  Maddox  came  out,  and  Eooih 
then  liad  some  conversation;  I  could  not  tell 
what  it  was. 

Q.  How  long  from  the  time  Booth  first  rode 
up  till  the  people  said  he  had  shot  the  Presi- 
dent?   A.  I  suppose  a  little  less  than  an  hour. 

Q.  Did  you  see  the  man  who  held  the  horse 
at  the  time  Booth  ran  out  and  rode  away?  A. 
Y'es;  I  saw  him  holding  the  horse  when  Booth 
came  out;  I  could  not  tell  wlioitwas;  he  was 
walking  the  horse  up  and  down;  Booth  came 
out,  mounted,  and  it  seemed  as  if,  as  soon  as  he 
touched  the  horse,  he  was  gone;  I  was  looking 
down  the  alley  to  see  wliich  way  he  went. 

Q.  Did  that  man  look  like  INIaddox?  A.  Very 
much  so  to  me.  I  know  Maddox  wears  aliglit 
coat,  and  this  man  seemed  as  though  he  had  a 
light  coat  on;  it  was  pretty  dark  that  night  and 
I  could  not  see  distinctly  fi'om  my  window. 

Q.  How  far  was  he  from  you  when  you  saw 
him?  A.  About  as  far  as  from  here  to  that  win- 
dow, about  fifteen  feet,  or  a  little  further. 

Q.  It  was  not  Spangler  holding  the  horse?  A. 
I  do  not  know;  it  seems  as  though  it  was  be- 
tween three— I  am  not  certain;  there  were  three 
men  altogether  who  held  him. 

Wm.  A.  Browning:,  sworn. 

By  Judge  Holt.— Q.  Will  you  state  if  you  are 
the  Private  aecretary  of  the  President?  A. 
Y'es. 

Q.  Were  you  with  him  on  the  night  of  the  14th 
of  April?    A.  I  was. 

Q.  Wliat  knowledge  have  you  of  the  card  hav- 
ing been  sent  by  J.  Wilkes  Booth?  A.  Between 
the  hours  of  four  and  five  o'clock  I  left  Vice- 
President  Johnson's  room  in  the  Capitol;  I  went 
into  the  Kirkwood  House,  where  I  was  boarding 
with  him;  went  up  to  the  office,  as  I  was  accus- 
tomed to  do,  and  saw  a  card  in  my  box;  Vice 
President  Johnson's  box  and  mine  were  adjoin- 
incc;  mine  was  No.  67  and  his  68;  the  clerk  of  the 
hotel,  Jones,  handed  me  the  card. 

Q.  What  was  on  it?  A.  (Reading  from  trhe 
card).  "Don't  wish  to  disturb  you;  are  you  at 
home?    J.  Wilkos  Booth." 

Q.  You  don't  know  the  handwriting  of  Booth, 
do  you?    A.  No  sir. 

Q.  And  had  no  acquaintance  with  him  what- 
ever? A.  Yes,  I  had  known  him  when  he  was 
playing  in  Nashville,  Teun.;  I  met  him  several 
times  there;  that  is  the  only  acquaintance  I 
had  Willi  him. 

Q,.  Did  you  understand  the  card  as  sent  to 
the  Vice-Prositlent  or  yourself?  A.  At  the  time 
I  attached  no  importance  to  it;  I  thought  per- 
liaps  Booth  was  playing  here,  and  had  some 
Idea  of  going  to  see  him;  I  thought  he  might 
have  called  on  me  as  an  acquaintance,  but  when 
his  name  was  connected  with  this  affair,  I 
looked  upon  it  differently;  it  was  a  very  com- 
mon mistake  in  the  office  "to  put  the  Vice-Presi- 
dent's cards  in  my  box,  and  my  cards  in  liis 
box. 

Cross-examined  by  Mr.  Doster— Q.  State  if  you 
know,  w:iat  time  the  Vice  President  vr;vs  in  his 
room  that  day?    A.  I  do  not  know  really  at  wnat 


hour;  he  was  at  the  Capitol  the  greater  part  of 
tlie  forenoon  every  day;  he  was  at  dinner  at  five 
o'clock;  I  do  not  think  he  was  out  afterwards; 
I  was  out  myself,  and  did  not  return  until  after 
the  occurrence  at  the  theatre. 

Q.  Do  you  l^now  at  what  time  he  left  his  room 
in  the  morning?    A.  I  do  not. 

Q.  But  he  returned  at  five  o'clock.  A.  I  do 
not  know  when  he  returned;  he  was  there  at 
five  o'clock,  and  remained  in  his  room  the  ba- 
lance of  the  evening. 

(i.  W  ere  you  in  his  room  in  the  course  of  the 
afternoon?  A.  I  was  there  I  think  about  seven 
or  eight  o'clock ;  I  was  not  there  afterwards  till 
about  eleven  o'clock  after  the  assassination. 

Major  Kilbnrn   Knox,  sworn. 

By  Judge  Holt.— Q.  State  whether  or  not  on 
the  evening  of  the  13th  of  April  you  were  at  the 
house  of  the  Secretary  of  War  in  this  city  ?  A. 
I  was. 

Q.  Do  you  see  among  the  prisoners  at  the  bar 
any  person  you  saw  there  on  that  occasion  ?  A. 
Yes  ;  I  recollect  that  one.  (pointing  to  O'Laugh- 
lin,  who,  by  orderof  the  Court,  stood  up,) 

Q.  State  under  what  circumstances  you  saw 
him;  at  what  hour,  and  what  occurred?  A.  I 
was  at  the  house  of  the  Secpetary  of  War  about 
half-past  ten  o'clock;  I  had  been  at  the  War  De- 
partment, and  left  there  about  ten  that  evening, 
and  walked  up  to  the  Secretary's  house;  General 
Grant  and  Mrs.  Grant,  the  Secretary,  General 
Burres  and  his  wife.  Mr.  Knajip  and  his  wife. 
Miss  Lucy  Stanton,  Mr.  David  Stanton,  and 
two  or  three  small  children  were  there;  there 
was  a  band  playing  in  front  of  the  liouse;  I 
wastalkingtoMrs.  Grant;  the  others  were  stand- 
ing on  the  upper  steps;  they  set  off  some  fire- 
works in  the  square  opposite,  and  I  stepped  in  to 
let  the  children  see  them;  I  srood  on  the  next  to 
the  lower  step,  and  was  leaning  against  the  rail- 
ing, when  this  man  came  up;  he  .said  to  me,  "  Is 
Stanton  in?"  I  said,  "I  suppose  you  mean  the 
Secretary  of  War?"  he  said  "Yes;"  and  I  think 
he  said  "  I  am  a  lawyer  in  town  and  I  know  him 
verj'well;"  I  had  the  impression  that  he  was 
under  the  influence  of  liquor,  and  told  him  I 
did  not  think  he  could  see  him  then;  he  went 
on  the  other  sideof  the  steps  and  stood  there  per- 
haps live  minutes ;  I  still  stayed  in  the  same  po- 
sit ion,  and  he  came  over  and  said  again,  "Is  Stan- 
ton in?"'  and  then  said  "excuse  me,  I  thought  you 
were  the  ofHcer  of  the  day;"  I  said  then  "there  is 
no  officer  of  the  day  here;"  he  then  walked  up 
the  steps  into  the  hall,  and  stood  there  some 
minutes;  I  went  over  to  David  Stanton  and 
said,  "do  you  know  that  man;"  he  said  he  did 
not;  I  remarked  that  the  man  said  he  knew  the 
Secretary  very  well,  but  that  I  thought  lie  was 
drunk,  and  said  to  INIr.  D.  Stanton  he  had  better 
talvC  him  out;  Mr.  Stanton  walked  in  and  talked 
with  him  a  few  minutes  and  took  him  out,  and 
he  went  oft". 

Q.  Did  he  say  anything  about  General  Grant 
in  the'  course  "of  the  conversation?  A.  He  did 
not;  I  think  General  Grant  had  gone  into  the 
parlor. 

Q.  Was  he  looking  in  to  see  the  Secretary  from 
his  position  ?  A.  I  think  the  Secretary  stood  on 
the  steps  outside,  and  that  this  man  stood  be- 
hind him  where  he  could  see  in  the  parlor  and 
in  the  inside  of  the  house;  there  is  a  library  on 
one  side  of  the  hall  and  a  parlor  on  the  other 
side;  he  stood  on  the  side  next  to  the  library, 
from  wliich  position  he  could  look  into  the  par- 
lor ami  see  who  was  in  there. 

Q.  Do  you  feel  perfectly  certain  that  the  pri- 
soner here  is  the  man  you  saw  on  that  occasion? 
A.  Yes;  1  feel  perfectly  certain  that  he  is. 

Cross-examined  by  Mr.  Cox.— Q.  Was  it  moon- 
light or  dark?  A.  I  do  not  recollect;  there  was 
quite  a  large  crowd  there. 

Q.  Was  the  crowd  close  up  to  the  steps?  A, 
Yes. 

Q,.  Did  the  person  you  saw  mingle  with  the 
crowd?  A.  I  did  not  notice  him  at  all  until  he 
walked  up  the  steps  and  spoke  to  me. 

Q.  You  did  not  go  inside  the  haU  while  he 
was  there?    A.  No. 

Q.  Did  I  understand  you  to  say  the  Secretary 
was  standing  on  the  steps?  A.  Yes,  he  wjs 
standing  iMj   the   left-h^u'd  side,  talking  with 


TRIAL   OF   THE   ASSASSINS   AT  WASHINGTON". 


51 


;Mrs.  Grant,  and  the  man  passed  right  by  him 
on  tlie  riglit-hand  side. 

Q.  How  was  he  dressed?  A.  He  had  on  a  black 
slouch  hat,  a  black  frock  coat  and  black  pants;  I 
cannt)t  say  as  to  his  vest. 

Q.  Had  "you  ever  seen  him  before?  A.  I  had 
not. 

Q.  Have  you  ever  seen  him  before?  A.  I  had 
not. 

Q.  Have  you  since?  A.  I  have;  I  saw  him  a 
•weeli  ago  last  Sunday,  hero  in  the  prison. 

Q.  Did  vou  come  for  the  jjurpose  of  identifying 
him?    A.  I  did. 

Q.  Did  you  come  in  company  with  Mr.  Stan- 
ton? A.  No;  I  came  in  company  with  other 
persons. 

Q.  Can  you  fix  the  hour  at  10^-^  o'clock  cer- 
tainly? A.  It  must  have  been  about  tUat;  I  left 
the  War  Department,  at  10,  walked  up  and  had 
been  there  about  ten  minutes. 

Testimony  of  Jobn  C  Hatter. 

Examined  by  Judge  Holt. — Q.  State  whether 
you  know  the  prisoner  O'Laughlin?  A.  I  know 
a  man  by  that  name. 

Q,.  Do  you  recognize  him  here?  A.  Yes 
(pointing  to  the  prisoner). 

Q.  Will  you  state  wliether  or  not  you  saw 
hira  on  the  1.1th  of  April  last,  and  If  so,  where, 
and  under  what  circumstances?  A.  J  seen  him 
the  night  of  the  illumination,  I  suppose  the 
night  CJeneral  Grant  came  from  the  front,  at 
Secretary  Stanton's  house. 

Q,.  State  what  occurred  there.  A.  I  was  stand- 
ing on  thesteps  looking  at  the  illumination; 
this  man  approached  me,  and  asked  if  General 
Grant  was  in;  I  told  him  he  was;  he  said  he 
wished  to  see  him;  said  I,  this  is  not  an  occasion 
for  you  to  see  him;  if  you  wish  to  see  liim,  step 
out'on  tlie  pavement,  or  carriage  stone,  and  you 
can  see  him. 

Q,.  What  time  of  the  night  was  it  ?  A.  I  should 
judge  it  was  about  9  o'clock,  or  a  little  after. 

Q.  Was  that  all  that  occurred  between  you  ? 
A.  Yes. 

Q,.  He  did  not  go  in  the  house  or  attempt  to  go 
in  ?    A.  No. 

Q.  Were  you  on  the  steps  at  Secretary  Stan- 
ton's liouse?    A.  I  was  near  the  top. 

Q.  Was  lie  on  the  steps  ?  A.  He  was;  I  should 
judge,  about  two  or  three  stei)S  below  me,  about 
the  third  step  from  tlie  pavement. 

Q.  Did  he  leave  the  step  while  you  were 
there?  A.  He  left  the  step  after  I  spoko  to  him; 
he  was  talking;  I  did  not  qniteunderstand  what 
he  was  saying;  he  walked  away  towards  the 
tree-box,  ank  vseemed  to  reflect  on  something;  I 
then  turned  my  eyes  off  and  didn't  see  him  any 
more. 

Q,.  Are  yon  certain  you  did  not  see  anything 
more  than  that?    A.  Nothing  more. 

Q.  The  house  was  illuminated,  was  it?  A. 
Yes;  it  was  very  light;  it  was  lighted  from  the 
inside,  and  pretty  light  outside  too. 

Cross-examined  by  Mr. Cox.— Q,.  What  is  your 
business?  A.  I  am  employed  at  the  War  De- 
partment, in  the  Secretary's  room. 

Q.  Had  you  ever  seen  the  man  you  mention 
before  that  evening.  A.  I  do  not  think  I  have 
to  my  knowledge. 

Q.  Have  you  ever  seen  him  since?  A.  Yes,  in 
prison;  in  this  prison,  or  tlie  one  adjoining,  on 
last  Sunday  week. 

Q.  Did  you  come  down  to  see  if  he  was  the 
Bame  man?  A.  When  I  Jirst  started  to  come 
down  I  did  not  know  it  was  for  that  purpose;  I 
■was  witli  Major  Eckertand  Major  Knox;  I  in- 
quired when  we  arrived  at  the  prison  iff  was  to 
come  in;  the  Major  told  me  to  come  in;  wlien  I 
was  inside  the  building  I  di<l  not  know  thepur- 
pose  until  Major  Eckert  called  in  the  priso  ners 
tlie  moment!  saw  that  man  I  thought  I  knew 
the  object  of  my  coming  down. 

Q,.  And  this  is  the  only  occasion  you  recollect 
of  having  seen  him?  A,  That  is  the  only  time 
except  to-day. 

Q.  What  made  you  think  it  was  the  same 
man?  A.  The  first  time  I  saw  him  it  was  very 
light;  he  had  on  a  dark  suit  of  clothes  and  a 
heavy  moustache;  while  I  was  speaking  with 
him  i  was  looking  right  sharp  in  his  face;  lie 
had  on  ;i  dark  slouch  li.at,  not  very  high.  .'\nd  a 
dark   dress  coal;  his  pantaloons  were  dark;  I 


could  not  say  whether  they  were  black  or 
brown. 

Q.  What  was  his  size?  A.  I  should  judge  he 
wasaljoutmy  size;  though,  as  he  was  standing 
on  the  steps  below  me,  he  might  seen  lower;  I 
should  judge  he  was  about  5  feet  4  or  3  inches 
high. 

Q.  Had  a  crowd  come  there  to  serenade  tho 
Secretary  at  that  time  ?  A.  Yes;  there  were  three 
or  four  bands  there. 

Q.  AVas  the  Secretary  on  the  steps  at  the  time? 
A.  No;  ho  was  inside  the  house;  General  Grant 
also;  there  was  nobody  on  the  steps  but  myself. 

Q.  Wore  the  crowd  close  up  to  the  steps?  A. 
Yes;  up  to  the  lower  stips. 

Q.  Was  the  door  open  at  the  time?  A.  Yes; 
the  front  door  and  the  inner  door,  and  the  gas 
was  fully  lighted  all  around. 

Testimony  of  Rr.  Kobert  Kins:  Stone. 

Examined  by  .Judge  Holt.— Q.  Stite  to  the 
Court  if  you  are  a  practising  physician  in  this 
city?    A.  I  am. 

Q.  State  whether  or  not  yott  were  the  physi- 
cian of  the  lato  President  of  the  United  States? 
A.  I  was  his  family  physician. 

Q,.  State  whether  or  not  you  called  to  see  him 
on  the  evening  of  the  assassination.  If  so,  state 
the  examination  and  the  result.  A.  I  was  sent 
for  by  Mrs.  Uncoln  immediately  after  the-assas- 
sination  and  was  there  within  a  few  minutes; 
the  President  had  been  carried  from  the  theatre 
to  the  house  of  a  gentleman  who  lived  directly 
opposite,  and  i^laced  upon  a  bed  in  the  back 
part  of  the  house;  I  found  several  citizens  there, 
and  among  otiiers  two  assistant  surgeons  of  the 
army,  who  had  brought  him  over;  tliey  imme- 
diately gave  over  the  case  to  my  care  in  conse- 
quence of  my  professional  relation  to  the  family. 
I  proceeded  to  examine  him,  and  instantly 
found  that  the  President  had  received  a  gunshot 
wound  in  the  back  part  and  left  sideof  hishead, 
into  which  I  carried  readily  my  finger,  and  at 
once  informed  those  around  that  the  case  was 
hopeless;  that  the  President  would  die;  that 
there  was  no  positive  limit  to  his  life,  as  his 
vital  tenacity  was  very  strong;  that  lie  would 
resist  as  long  as  any  one,  but  that  death  would 
certainly  follow;  I  remained  with  him  as  long 
asit  wasof  any  use  to  do  anj'thing  for  him,  but 
of  course  nothinir  could  be  done;  he  died  the 
next  morning  about  half-past  seven;  it  was 
about  half-past  ten  when  I  first  saw  him  that 
night. 

Q.  Did  he  die  from  that  wound?    A.  Yes 

R.  Did  you  extract  the  ball?  A.  I  did  the  next 
day  when  the  body  was  ready  to  be  embalmed, 
in  the  presence  of  Dr.  Barnes,  the  Surgeon- 
General,  and  others;  when  the  examination. 
w.as  made  I  tfaced  the  wound  through  the  brain: 
the  ball  was  found  in  the  interior  jiart  f)f  tlie  left 
side  of  the  b7'ain;  it  was  a  large  ball,  resembling 
those  shot  frfim  tho  pistol  known  as  iho  Der- 
ringer; an  unusually  large  ball,  that  is  a  larger 
ball  than  those  used  in  ordinary  pocket  re- 
volvers. 

Q,.  Was  it  a  leaden  ball?  A,  Yes,  a  hand- 
made ball,  from  which  the  tag  had  been  cut 
from  the-side;  the  ball  was  flattened  or  com- 
pressed somewhat  in  its  passage  through  the 
skull,  or  a  little  iiortion  had  been  cut  in  its  pas- 
sago  through  tho  bone;  I  marked  tiie  ball  with 
the  initials  of  the  President,  in  the  presence 
of  the  Secretary  of  War;  sealed  it  up  with  my 
private  seal,  and  indorsed  my  name  on  the  en- 
velojie;  the  Secretary  inclosed  it  in  another  en- 
velope, which  ho  also  indorsed  and  sealed  with 
his  private  seal;  it  is  still  in  his  custody,  having 
been  ordered  to  be  placed  among  the  archive.^ 
of  his  Department. 

Q.  Did  you  see  the  pistol  from  which  the  ball 
was  fired?    A.  I  did  not. 

Testimony  of  Serg'cant  Silas  1>.  CoflT. 

Examination  by  .Tmlge  Ilolt.— Q.  State  whether  or 
not  on  ilie  ni^lit  of  tlie  assassination  of  thi?  President 
you  were  on  duty  at  the  Navy  Yard  Bridge?    A.  I  was. 

Q.  Do  3'ou  remember  to  have  seem  one  or  two  men 
passing  rapidly  on  horseback,  and  if  so  at  wliat  time? 
A.  I  saw  three  men  approach  me  rai'idly.  on  hoi-se- 
back.  between  lO'j  and  ll  o'clock.  I  should  think. 

Q.  Did  you  challense  them?  A.  Yes;  I  challenged 
them  and  adv.vnced  to  rrcosnizf  them. 

U.  Did  you  reeosiiizu  iheiii?    A.  I  satisiicd  myself 


52 


TRIAL   OF   THE   ASSASSINS   AT  WASniXGTOX. 


that  they  were  proper  persons  to  pass,  and  passed 
them.  „     , 

Q.  Do  you  recognize  eitlier  of  these  persons  as 
amonsr  tlie  prisoners  here?  JLook  the  entire  <i:siance 
ofthebox.lromo.ie  end  to  the  other,  'ihewitiifss 
Bcrulinized  each  of  the  prisoners  closely,  and  replied, 
No  sir.  .  ,_   .,     , 

Q.  1  ould  you  describe  either  of  these  men,  or  both  of 
them?    A.  I  could. 

Q.  Do  vuu  tliink  vou  would  rocos^nize  either  of  them 
by  aphdtograpii?  "A.  I  ihmk  I  would:  (a  photograph 
o'fBiioth  was  shown  to  the  witness;)  yes,  that  man 
passed  first. 

Q.  Alone?    A.  Yes.  v.     „     .    ^- 

Q.  Did  you  not  say  that  three  came  together?  A.  Ivo; 
thi  ee  p.is-ed.  but  they  were  not  toscether. 

Q.  Did  vou  have  anv  conversation  with  this  first 
man  as  lie  passed?    A.  Yes.  tor  three  or  four  minutes. 

Q.  What  name  did  he  give?  A.  He  gave  his  name 
as  Booth. 

Q.  What  did  he  say?  A.  I  asked  him  what  his  name 
wa.*;:  he  answered  Booth;  I  asked  him  "where  froi]i?" 
he  answered, '■from  thecitv;"  I  askf d  him,"AVhere 
areyou  txoinj,'?"  "Going  home:"  I  asked  him  where 
his  home  wa-;  lie  said  in  Charles,  which  I  under- 
stood to  mean  Cuarles  county;  I  ask(d  him  what 
town?  liesudlie  did'ntlive  in  any  town;  I  said  you 
must  live  ill  some  town;  he  said,  "I  live  close  to  Bry- 
antown,but  I  do  not  live  in  town;"  I  asked  him  why 
hawasoutso  late:  If  he  did  not  know  that  persons 
were  not  permitted  to  pass  ater  that  time  ot  night;  he 
said  it  was  nfW.=i  to  him:  he  said  he  had  some  ways  tj 
go.  that  it  was  dark,  and  that  he  thought  he  would 
have  a  moon. 

C.  How  long  before  the  other  two  men  came?  A. 
The  next  one  came  up  in  live  orseven  minutes,  or  pos- 
siblv  ten  minutes. 

Q.  D;d  thevseem  to  be  riding  rapidly  or  leisurely?  A. 
The  second  one  who  came  up  did  not  seem  to  be  riding 
so  rapidly. 

Q.  What  d'd  he  say?  A.  I  a«ked  who  he  was;  he  said 
his  name  was  .smith;  that  he  was  goimj  to  Wliite 
PLdiis:  I  asked  him  how  he  came  to  be  out  so  late:  he 
madeu-eora  rather  indelicate  reply,  from  which  I 
should  judge  he  had  been  in  bad  coraiiany. 

Q.  Was  he  a  large  or  small  sized  man?  A.  A  small 
sized  man. 

Q  Did  you  have  a  good  view  of  his  face?  A.  I  did: 
I  brcuglit  him  up  befrire  the  guard-house  door  so  that 
the  ligiit  could  fall  on  liis  lace. 

Q.  How  Wduld  he  compare  in  size  with  the  last  man 
among  the  tirisnners  (Harold)?  A.  He  is  very  nearly 
the  size,  but  I  should  nutthinkhe  was  the  man;  he  had 
a  lighter  comolexion  than  that  man. 

Q  Did  you  allow  him  to  pass  alter  that  explanation? 
A.  Yes. 

Q.  What  became  of  the  other  man?  A.  The  other 
man  1  turned  back;  he  did  n  )t  seem  to  have  sufDcieut 
business  to  warrant  me  in  passing  him. 

Q.  Was  he  on  horseback  also?    A.  Yes. 

Q.  Did  he  seem  to  be  a  compan'on  of  the  prisoner 
■who  had  gone  before?    A.  I  do  not  know. 

Q.  Did  they  come  up  together?  A.  Ko;  they  were 
some  distance  apart. 

Q.  Did  this  man  makeany  inquiry  for  Booth?  A.  He 
made  an  inquiry  whether  a  man  had  passed  on  a  roan 
horse? 

Q.  Did  the  second  one  who  had  come  up  make  any 
inquiry  in  regard  to  another  horseman?  A.  Ko  sir, 
none  whatever. 

Q.  What  v.'as  the  color  of  the  second  horse?  A.  It 
Was  a  roan  horse. 

Testjnjony  of  PoIIc  GraEiam. 

Examined  by  .Tudse  Holt.— Q.  State  whether  you 
Were  on  the  road  between  Washintrton  and  Bryan- 
town  on  the  night  ot  the  14th  of  April  last?  A.  Yes, 
Sir. 

Q.  You  were  going  to  Wa-^hington?    A.  Yes. 

Q.  State  if  j-ou  met  one  or  more  horsemen,  and  if  so. 
at  what  hour  and  under  what  circumstances.  A.  I 
met  two  about  11  o'clock,  riding  very  fast. 

Q.  In  what  direction?  A.  Going  to  Marlboro:  I  met 
the  first  one  on  Good  Hope  Hill,  and  the  last  one 
about  half  a  mile  bevond. 

Q.  D  d  they  say  anything  to  you?  A.  They  first 
stopped  me  and  asked  me  the  road  to  Marlboro;  he 
firstasked  meil'the  road  did  not  loik  a  little  ahead, 
and  if  lie  did  not  turn  to  the  right:  I  told  him  no,  to 
keep  straitilit  ahe.id. 

Q.  Was  it  light  enough  for  you  to  see  his  horse?  A. 
He  rode  a  dark  horse;  I  think  it  was  a  bay. 

Q.  What  did  the  other  one  say?  A.  He  said  nothing 
to  me:  1  heard  him  ask  a  question,  whether  it  was  of 
me  or  of  the  teamsters  on  the  road,  i  do  not  know:  I 
did  not  answer  him. 

Q.  Itowlarwas  ho  behind  the  first  one?  A.  About 
half  a  mile.  I  reckon. 

Q.  What  was  the  appearance  of  the  horse?  did  you 
notice?    A.  It  was  a  roan  or  iron-grey. 

Q.  Was  the  man  large  or  small?  A.  I  never  noticed 
the  man. 

Cross-e.xamlned  by  Mr.  Stone.— Q.  How  far  wa-s  this 
from  the  city?  A.  1  suppose  two  and  a-halfor  three 
miles  irom  the  city. 


Q.  Was  he  the  one  who  inquired  the  road  to  Marl- 
boro?   A.  Yes. 

Q,.  How  long  after  the  first  man  passed  was  it  before 
the  other  came  along?  A.  I  do  not  supjiose  it  was 
more  than  five  or  ten  minutes;  I  do  not  know  exactly. 

Q.  What  did  you  say  the  second  asked  you?  A.  I 
do  not  know  whether  it  was  asked  of  me;  he  asked 
whether  a  horseman  had  passed  ahead;  I  did  not 
answer  him. 

Q.  The  road  forks  at  Good  Hope  Hill,  does  it  not.  one 
turning  to  the  right  and  the  other  to  the  le:t?  Were 
they  beyond  the  tbrks?  A.  I  think  so,  but  I  am  not 
acijuainted  with  the  road. 

(2.  Was  thelastman  riding  at  arapid  gait?  A.  Yes; 
boili  wei  e  riding  very  fast. 

Q.  Wasitattiie  top  of  the  hill?  A.  No;  about  the 
middle  of  the  way  up;  I  .supiiose  I  had  got  ofi'  that  hiU 
entirely  beiore  I  met  the  second  man. 

Re-Kxaniiuationor  Dr.  Stone. 

The  ball  extracted  from  the  wound  of  President  Lin- 
coln having  been  received  from  the  War  Department, 
Dr.  .Stone  was  again  called  on  the  stand,  and  on  ex- 
amining it  identified  it  fuUv  as  the  ball  extracted  by 
him. 

Testimony  of  Wm.  F.  Kent. 

By  Judge  Holt.— Q.  State  whether  or  not  the  pistol 
j'ou  now  have  before  you  was  picked  up  by  you  in  the 
box  of  the  Presidenton  the  night  of  the  assassination? 
A.  Yes,  sir;  this  is  thepistol. 

Q.  What  IS  it  called?  A.  A  Derringer,  I  believe,  and 
I  see  that  name  marked  on  it. 

CJ.  Iluw  long  after  the  President  was  shot  did  you 
pick  it  up?  A.  I  do  not  know  exactly  how  long:  I  sup- 
pose about  three  minutes  aiter  the  President  was  shot; 
when  1  went  into  the  box.  there  were  two  persons  in 
there  then;  the  burgeon  asked  me  lor  a  knife  to  cut  open 
tlie  President's  cloihes;  I  handed  him  mine,  and  with 
it  hecut  the.l'resideufsclothesopen;  I  lefttiie  theatre 
afterwards:  I  missed  my  night  key  and  thought  I  had 
dropped  it  there:  I  turned  back  to  go  to  the  theatre, 
and  when  I  went  in:o  the  bo.xmy  foot  knocked  against 
a  pistol  lying  on  the  floor.  I  picked  it  up  and  cried  out 
"1  have  found  the  pistol; ''.some  persons  toldnieto  give 
it  to  the  police:  but  there  was  a  gentleman  who  said  he 
represented  the  Associated  I'ress,  and  1  handed  it  to 
him;  the  iie.xt  morning  I  went  around  to  the  police 
station  and  recognized  it  as  the  pistol  I  had  p. eked  up. 

Testimony  of  L.leuf.  Alex.  L,ovett. 

Examined  by  Judge  Holt.— Q.  Will  you  state  whe- 
theroriiot,  a.terthe  assassination  of  the  President, 
you  and  others  were  engaged  in  the  pursuit  of  the  mur- 
derer?   A.  Yes. 

Q.  What  route  did  you  take?  A.  The  route  by  Sur- 
rattsville. 

Q.  Slate  whether  or  not  in  pursuing  that  route  you 
came  to  the  house  of  Dr.  Samuel  Mudd?  A.  I  do,  and 
recognize  him  as  one  of  the  prisoners  at  the  bar. 

Q.  Did  you  stop  there  and  make  any  inquiries?  A,  I 
sto;)pe(l  there  and  made  inquiries  ot  his  wiie  first.  He 
was  out. 

Q.  State  what  questions  were  addressed  by  him  to 
you  and  other  members  of  your  party,  and  what  was 
said.  A.  \\'e  first  asked  him  whether  there  had  been 
any  strangers  at  the  house;  he  said  there  had:  at  first 
he  did  not  seem  to  c;ire  about  giving  us  any  satisfac- 
tion; then  he  went  on  and  stated  that  on  Saturday 
morning,  at  daybreak,  two  strangers  came  to  his  place, 
one  canietothe  door  and  the  other  sat  on  his  horse; 
that  he  went  down  and  opened  the  door  when  the 
other  man  got  olf  his  horse  and  came  into  the  house; 
tliat  one  of  them  had  abn^ccn  leg.  and  that  be  had  set 
the  leg;  I  asked  him  who  the  man  was;  he  said  he  did 
not  know,hewas  a  stranger  to  him;  he  stated  that 
they  were  both  strangers;  I  asked  him  what  kind  of  a 
looking  man  the  other  was;  he  said  he  was  a  young 
man  about  17  or  18  years  old. 

U-  How  long  did  he  say  they  remained  there?  A. 
Hesaid  tliey  remained  a  short  time;  this  was  the  first 
conve.sation  I  had  with  him. 

Q.  You  stated  that  Dr.  Mudd  said  they  were  there  a 
short  time;  do  you  mean  they  went  away  in  the  course 
ol'  the  morning  ?    A.  That  is  what  I  understood  them. 

Q.  On  what  day  was  this  ?    A.  On  Tuesday,  the  ISth. 

(i.  Did  he  stale' to  you  whether  at  that  lime  or  beloro 
he  had  heardaiivthing  in  resaid  to  the  assassination 
ot  (he  President"?  A.  He  said  he  had  heard  it  on  Sun- 
day at  church. 

Q.  What  distance  is  the  house  from  Washington?  A. 
By  way  of  Bryantown  it  is  about  thirty  miles,  I  sup- 
pose. 

(i.  Isit  on  oneofthehighwaysofthecountry?  A.  It 
is  olf  the  iniblic  road,  running  from  Georgetown  about 
a  quarter  of  a  mile. 

Q.  Did  vou  have  a  considerable  conversation  with 
him  In  regard  to  the  assassination  of  the  President? 
A.  \\'e  did  not  talk  much  about  that.  1  was  making 
inquiries  more  about  these  men  than  anythiii;;  else. 

Q.  How  long  were  you  at  his  house?  A.  Probably  an 
hour. 

Q.  Did  he  continue  until  the  last  to  make  the  same 
representations  that  these  men  were  entire  strangers 
to  him?  A.  Yes,  sir;  that  he  knew  nothing  ol  them. 
He  said  one  of  them  called  for  a  razor,  soap  and  water, 
to  shave  his  moustache  oS.    I  asked  him  if  he  had  any 


TRIAL   OF   THE   ASSASSINS   AT  WASHINGTON. 


53 


other  beard;  lie  replied,  "Yes,  a  Ions  P^'^ir  of  whis- 
kers." 

Q.  Did  he  state  that  Booth  had  left  there  that  morn- 
ing on  horsebaclv?  A.  IleBakl  oUL'of'theni  went  away 
cn  crutciies,  and  that  he  shewed  them  u  way  cross  the 
Bwamp. 

Q.  Did  he  state  what  the  wounded  man  had  done 
with  liis  horse?  A.  lie  said  tlie  other  one  led  liis  liorse 
and  that  ho  had  a  pair  ol  crutciies  made  lor  liim:  I  was 
entirely  saiisfied  that  these  parties  were  Booth  and 
Harold. 

Q.  Did  you  arrive  at  the  conclusion  from  the  descrip- 
tion given  olilie  men?    A.  Yes. 

Ci.  Did  he  statetoyou  the  reason  these  men  had  gone 
into  the  swamp?  A.  He  said  they  were  going  to  Al- 
lan's Fre^h. 

Q.  Did  he  state  forwhat purpose  this  manliad shaved 
ofFnis  moustache?  A.No;  some  oftliootlicr men  along 
with  me  made  the  remark  that  it  looked  suspicious 
and  Wr.  Mudd  then  also  said  it  looked  suspicious. 

Q.  Will  you  state  whether  ynu  had  a  subsequent  in- 
terview with  IMr.  Mudd?    A.  Yes  sir. 

Q.  How  long  after  the  first  one?  A.  At  tlie  first  in- 
terview I  had  my  mind  made  u])  to  arrest  him  when 
the  proper  time  came:  the  second  interview  occurred 
on  i'riday,  the  21st:  I  went  there  lor  the  purpose  ol' ar- 
resting him. 

Q.  S  ate  what  he  then  said  in  regard  to  these  men  ? 
A.  When  lie  found  that  we  were  going  to  searcli  the 
house  he  said  something  to  his  wile  and  then  brought 
down  a  boot  and  handed  it  to  me;  he  said  he  had  to  cut 
it  olf  in  order  lo  set  tlie  man's  U'g:  I  turned  the  boot 
down  and  saw  some  writing  on  tlie  inside,  '",1.  Wilkes;" 
I  called  his  attention  to  it;  he  said  he  had  not  taktn 
notice  of  that  before.  [A  larga  country  boot  slit  down 
the  leggings  brought  in  and  passed  round  and  exam- 
ined by  the  members  of  the  Court;  ontheinside  near 
the  top  oi  the  le^;,  under  the  name  of  the  maker,  were 
the  words  ".1.  Wilkes,''  wri'tt'ii  plainlj'  in  ink.] 

Q,.  Did  he  at  that  time  still  insist  that  they  were 
strangers  to  him  ?   A.  Yes. 

Q.  Did  ho  acknowledge  at  any  subsequent  period  that 
he  knew  Booth  ?  A.  Ifes;  ho  said  subsequently  that 
he  wassati.slied  it  was  Booth. 

Q.  Winn  was  that?  A.  That  was  on  Friday,  the 
same  day;  he  made  the  remark  that  his  wife  had  told 
him  she  saw  tlie  whiskers  at  the  lime  become  discou- 
necieil  Irom  tho  man's  face. 

U.  But  he  had  stated  to  you  distinctly  before  that  he 
had  not  known  this  man  ?    A.  Yessir. 

Ci.  Did  he  or  not  at  any  subsequent  conversation  state 
that  he  had  know.i  this  man  Boolh?  A.  Alter  I  had 
arrestid  liiui  and  we  liad  got  on  our  horses  and  were 
going  out,  .some  of  the  men  gave  him  Booth's  photo- 
grapii;  tlii'V  held  it  up  to  him  and  asked  if  it  did  not 
look  like  Booth;  hesaid  thatit  wasnotlike  Booth;  that 
it  looked  a  lilllo  like  him  across  the  eyes;  shortly  after 
that  he  said  he  had  an  inlroduclion  to  Booth  last  lail; 
hesa'daman  by  the  name  of  Johnson  gave  him  an 
iiitroduciioii  to  him. 

Q.  Did  he  stale  where  he  met  Booth?  A.  No;  on 
being  questioned  by  one  ot  theother  men  hesaid  he 
had  r.  de  witli  liim  ill  the  country,  looking  up  some 
land,  and  when  he  buuglit  a  horse. 

Ci,  Did  lie  state  the  time?  A.  It  was  last  fall  I  believe 
hesaid. 

Ci.  Did  he  give  you  any  description  of  the  horse  he 
bought?    A.  He  said  he  wanted  a  good  road  horse. 

Cro.ss-examinauon  by  Mr.  livving.  Ci.  You  say  that 
Dr.  Mudd  gave  you  a  (h'ScriiUinii  oi  these  two  ijersous? 
A.  Yes  sir;  behave  mea  partial  description  oi  them; 
he  said  that  cne  was  quite  ayoung  man,  and  the  other 
had  large  thin  whiskers. 

Ci.  What  did  hd  say  to  you  as  to  the  resemblance  be- 
tween the  photuLrrajih  and  it.3  orisrinal?  A.  In  tiie  first 
place  lie  said  that  it  did  not  looli  like  Booth;  then  he 
said  it  looked  like  him  across  tlie  eyes. 

Q.  Did  you  tell  him  about  your  tracking  Booth  from 
Washiiigloii?  A.  I  do  not  tiiink  up  to  that  time  I  had 
nieutioned  Booth's  name  at  all. 

Q.  Wiiere  was  Dr.  Mudd  when  you  called  at  his 
house  the  second  time?  A.  He  was  out  some  place 
and  his  wife  sent  for  him;  I  walked  out  and  greeted 
him. 

Ci.  Did  you  not  say  to  him  that  you  wanted  the  razor 
with  which  tho  man  who  stojiped  at  his  house. shaved 
himself?  A.  Yessir;!  demanded  that  alter  we  went 
into  tlie  house. 

Q.  Did  not  Dr.  Mudd  then  tell  j'ou  that  since  you 
were  there  be.'bre  the  boots  had  been  ibund  in  the  room? 
A.  Not  until  alter  we  were  in  tiie  Jioiise  some  time. 

Ci.  He  then  vohiniecri.d  the  statement  ?  A.  Yes,  he 
said  something  to  his  wiie,  and  she  went  up  stairs  and 
brought  it  down. 

Q.  But  did  he  not  make  tho  statement  voluntarily? 
A.  He  did  after  one  of  the  men  told  him  that  we  would 
have  to  sf^arch  the  house. 

Q.  Are  you  sure  he  did  not  make  the  statement  until 
alter  that  was  said?    A.  lam. 

Ci  He  said  that  he  had  shown  those  men  tho  way 
across  the  swamp?    A.  .So  1  undcrsiood  him. 

Q.  To  what  swamij  did  he  ailude?  A.  The  swamp 
in  the  rear  of  his  ho.ise,  1  believe. 

t^.  Is  there  a  swamp  immediately  in  tho  rear  of  his 
liou^e?  A.  There  is  one  about  a  thousand  yards  below 
his  house. 


Q.  What  else  did  he  say  in  describing  these  men?  A. 
I  asked  him  if  the  whisker  of  one  of  the  tiken  spoken 
of  by  him  might  not  have  been  false,  and  hesaid  he 
did  not  know;  it  appeared  afterwards  I  hat  Booth  had 
gone  up  stairs,  but  the  doctor  did  not  tell  me  of  that. 

Ci.  He  did  not  say  where  Booth  had  been?  A.  He 
told  me  that  he  had  been  on  tliesofa. 

(i.  When  J'OU  asked  the  Doctor  how  long  those  two 
men  had  stayed,  hesaid  they  did  not  stay  long?  A.  At 
ouriirst  iuierview  he  told  me  they  stayed  Init  a  short 
time,  and  allerwarus  his  wiie  lold  me  that  they  stayed 
until  three  or  lour  o'cli)Ck,on  .Saturday  alternoon. 

Q.  You  need  not  .'tate  to  the  Court  w'ha  this  wile  said. 
A.  Well,  I  think  l;eio!d  nie  thai  himself,  aiterwards. 

Q.  Did  you  ask  Dr.  Mudd  whether  he  charged  any- 
thing f.>r  setting  the  leg  ?    A.  Yessir. 

Q.  What  did  he  say?  A.  I  did  not  ask  him  whether 
he  charged  anything;  my  question  was  whether  the 
men  had  much  money?  hesaid  they  had  considerable 
of  greenbacks;  1  then  asked  him  if  they  had  arms 
about  them;  to  which  he  replied  the  wounded  man  had 
a  brace  of  revolvers. 

Ci.  Did  he  say  anything  about  having  been  paid  for 
setting  tlie  leg?  A.  I  did  not  ask  him  about  that;  he 
went  on  to  say  that  it  was  customary  for  men  to  make 
a  charge  to  strangers. 

Ci.  He  spoke  of  that  in  connection  with  the  fact  of 
their  having  money?    A.  Yessir. 

Q.  Iiidhenotsay  to  you  that  those  men  arrived  at 
his  house  before  daylight?  A.  He  said  about  day- 
break. 

c^.  Who  went  with  you  to  his  house,  on  the  occasion 
of  yoursecond  visit?  A.  There  were  three  special  olii- 
cers,  besides  some  cavalry. 

Ci.  Who  were  theollicers?  A.  Simon  GaUigar,Joshua 
Loyd.and  William  Williams. 

Q.  What  civilian  went  with  you  the  first  time?  A. 
Dr.  George  Mudd. 

Ci.  \Vhen  you  were  at  Dr.  Mudd's  the  second  time  do 
you  not  recollect  that  he  told  you  the  two  men  started 
Irom  his  house  to  go  to  llev.  Mr.  Wiliuer's?  A.  Yes 
sir,  but  I  )iaid  no  attention  to  that;  I  thought  it  was  a 
blind  lor  the  purpose  of  throwing  us  oil"  the  track. 

Ci.  But  he  said  that?  A.  Yessir,  he  staled  that  they 
inqmred  lor  Parson  Wilnier's,  and  that  they  said  they 
wereou  their  way  to  Allen's  Fresh. 

Ci.  Did  he  mention  that  both  times  you  were  there? 
A.  I  think  only  the  first  time. 

Q.  Are  you  sure  it  was  not  out  of  doors  that  you  first 
asked  iJy.  iMudd  for  the  razor?  A.  I  might  have 
spoken  to  him  about  it  out  of  doors,  but  i  remember 
having  made  the  demand  in  the  liouse. 

Q.  Are  you  sure  that  it  was  not  before  he  got  to  the 
house  he  lold  you  the  boot  had  been  lound  since  you 
were  there  beiore?  A.  He  told  me  that  in  the  house, 
not  outside. 

Q.  Was  there  not  a  citizen  named  Hardy  with  you  at 
thai  time.'    A.  N.^t  lliat  1  know  of. 

Ci.  Was  there  not  a  citizen  witli  Dr.  Mudd?  A.  There 
was  a  ciiizen,  whostood  outside  thedoor  alter  we  went 
into  the  house;  I  do  not  know  his  n;;me. 

Q.  Was  Jjr.  Mudd  alone  when  you  met  him  coming 
to  the  hou.se?  A.  There  was  a  citizen  walking  with 
him  I  think. 

Q.  Was  it  this  man  you  speak  of  as  having  subse- 
quently slood  i>uisulethedoi.r?    A.  It  was. 

Cro.ss-exauiiui  d  by  iSlr.  titone.— Q.  When  you  went 
to  i>r.  Mudd  the  Inst  time  did  you  have  any  conversa- 
tion with  him  be.ore  yiiu  went  into  the  house?  A.I 
think  not;  I  h.id  a  conversation  with  his  wi  e. 

Ci.  As  soon  as  J'ou  askrd  liim  whellier  two  strangers 
had  been  there,  he  told  you  at  once  thej- had?  A.  Yea 
sir;  he  was  made  aware  oi  the  nature  of  our  errand,  I 
suppose,  by  alriend;  he  seemed  very  much  excited, 
and  turiiod  very  pale  wlien  he  was  hrst  asked  about 
the  two  strangers,  though  he  admitted  they  had  been 
there. 

Ci.  Y'ou  asked  him  to  describe  them,  and  he  gave  yon 
the  description?    A.  Y'essir. 

Ci.  By  whom  did  he  say  he  was  introduced  to  Booth 
lastfa'l?    A.  A  man  by  the  name  of  Johnson. 

Ci.  lie  told  you  he  was  intrnductd  to  Bootli  by  John- 
son atchurcli?  A.  He  did  not  tell  me  that  in  the  first 
place;  he  told  me  he  did  not  kiiowBuolh  at  all. 

Ci.  SVhen.on  the  occa.,ion  of  your  secimd  interview, 
you  mentioned  the  name  of  Booth  ,he  then  told  \'ou  he 
hael  been  iiitiiiduecd?  A.  I  did  not  mention  it  until  we 
were  on  lior.sebaek.  though  1  hadiireviouslj'  mentioned 
Booth's  name  to  the  other  iloclor. 

Ci.  Y'ou  say  that  Dr.  IMiidd  seemed  to  be  very  much 
alaruu'd?  A.  Yes:  he  turned  very  pale  in  the  lace  and 
bine  about  the  lips,  like  a  man  who  was  frightened  at 
lue  recollection  of  something  ho  had  done. 

Q.  Did  he  mention,  in  connection  with  his  intro- 
duction to  Booth,  the  name  of  Thompson?  A.  1  un- 
derstood him  to  say  Johnson,  but  Thompson  might 
have  been  the  name. 

By  Judge  Advocate  Holt.— Q.  You  state  that  Dr. 
Mudd  apiioared  very  much  Irightened:  did  you  ad- 
dress any  threat  to  him?  A.  No  sir;  I  was  in  citizen's 
clothes  at  the  time. 

Q.  His  alarm  then  was  not  in  consequence  of  any- 
thing tiiat  you  Said  or  dtuie?  A.  No  sir;  he  seemi'd 
very  much  coiicernrd  when  i  turned  tho  boot  inside 
out;  some  of  the  men  present  said  that  the  uame   of 


54 


TRIAL   OF   TEE   ASSASSINS   AT  WASHINGTON. 


Booth  had  been  scratched  out,  when  I  suggested  that 
it  had  uot  beeu  written. 

Q.  You  have  stated  that  when  you  asked  Dr.  Bludd 
whether  the  two  strangers  had  any  arms,  he  replied 
that  the  one  with  the  broken  leg  had  a  brace  ol 
revolvers;  didhosiay  anything  about  the  other  having 
a  carbine  or  a  kniie?    A.  Ko  .sir. 

Q.  Did  you  understand  him  to  say  that  this  brace  of 
revolvers  was  all  thearms  the  stranger  liad? 

The  question  was  object(?d  to  by  Mr.  Ewing  as  being 
a  leaduig  question.  The  Tollowiug  was  then  iml:— 

Q.  Will  you  state  what  was  his  ujanner?  Was  it 
frank  or  evasive?  A.  Very  evastve;  he  seemed  to  be 
very  reserved. 

Q.  Did  he  speak  of  these  men  as  having  any  other 
weaiions  than  the  brace  of  pistols  of  which  you  have 
spoken?  A.  To  my  knowledge  one  of  the  oihcers  spoke 
to  him  on  that  point. 

Q.  Which  one?    A.  I  think  it  was  Williams. 

Q,  I  understand  you  to  say  that  Dr.  Mudd  stated 
that  he  did  uot  he<ir  the  news  of  the  assassination  ol 
the  President  until  Sunday  morning,  at  church.  At 
the  time  of  this  statement  to  you  did  he  mention  the 
name  of  the  assassin?    A.  No  sir. 

By  Mr.  Kwing.— Q.  Did  not  Dr.  Mudd,  at  3'our  first 
Interview,  state  that  heheard  thedetailsof  the  assassi- 
nation while  at  church,  on  Sunday  morning?  A.  1  do 
not  recollect  that  he  did.  I  made  a  remark  to  one  of 
the  otUcers.  at  the  time,  that  he  must  have  been  aware 
of  the  assa.ssination.  because  the  cavalry  were  all 
along  the  road,  and  everj-body  in  the  neighborhood 
knew  it  on  Saturday. 

Q.  Did  Dr.  Mudd  state  to  you  that  the  strangers  were 
going  in  the  direction  of  Alien's  Fresh,  in  connection 
with  his  statement  that  they  had  gone  to  the  Kev.  Dr. 
Wilmer's  ?  A.  He  said  that  they  inquired  lor  Mr.  Wil- 
mer;  that  he  took  them  across  the  swamp,  and  that 
they  were  going  in  the  direction  of  Allen's  Fresh.  1 
went  to  I>ir.  Wilmer's,  and  searched  his  house,  but  I 
was  satis!ied  wo  would  find  nothing  there,  as  I  looked 
npon  itas  a  blind  to  draw  us  ott'that  way. 

Q.  In  going  from  Dr.  Mudd'sto  Mr.  Wilmer's.  would 
you  cross  the  swamp?   A.  Yes  sir;  you  can  go  that  way. 

Q.  Did  you  Ibllow  the  track  of  this  man  Booth  and 
his  companion?    a.  Yes  sir;  as  far  as  I  could. 

By  tlie  Court.— Q.  When  you  reached  Mudd's  house  on 
Tuesday.morniiig  alter  the  assassination  was  it  genc- 
lally  understood  there  that  Booth  was  the  man  who 
killed  the  President?  A.  Kvery  person  around  Bryau- 
town  aud  along  the  way  understood  so. 

Q.  Is  there  a  telegraph  line  in  that  section?  A.  The 
only  telegraph  of  which  I  have  any  knowledge  is  the 
one  that  runs  to  Piiint  Lookout;  I  do  not  know  the 
exact  distance  to  that  place;  there  was  a  telegraph 
connection  with  Port  Tobacco,  but  if  any  person  who 
saw  these  men  wanted  to  give  information  concerning 
them  they  need  not  have  gone  lar;  by  merely  going 
out  on  the  public  road  they  could  have  given  it,  as  the 
cavalry  were  all  along  there. 

Q.  \\  hat  is  the  distance  from  Washington  to  Sur- 
rattsville?    A.  About  teu  miles,  I  should  judse. 

Q.  What  is  the  distance  from  Siirrattsville  to  Dr. 
Mudd's?  A.  By  the  way  we  first  went,  it  was  about 
sixteen  miles  to  Brj-antown,  and  about  four  and  a  half 
miles  from  there  to  Dr.  Mudd  s. 

Q.  In  going  to  Mudd's,  do  3'ou  go  through  Surratts- 
ville?  A.  Yes.  There  is  a  road  running  fr^m  Port 'To- 
bacco, by  which  you  can  go  there.  Dr.  Mudd's  is  about 
twenty  miles  beyond  Surrattsville  by  way  of  Bryan- 
town. 

Mr.  Eakin.— Q.  Are  you  acquainted  with  Mr.  Floyd, 
who  keeps  the  hotel  at  Surrattsville?  A.  I  arrested 
him  on  Friday,  the  ISth  ol  April 

Q.  Did  he  make  any  statement  to  you?    A.  Y'es,  sir. 

Q.  What  did  he  say  concerning  his  connection  with 
the  affair? 

Judge  Advocate  Bingham  objected  to  the  question 
on  the  ground  that  it  was  an  attempt  to  discredit  the 
testimony  of  Floyd,  by  showing  that  he  had  made 
statements  in  conflict  with  representations  made  be- 
lore  the  Court.  The  question  was  understood  to  be 
withdrawn  by  Mr.  Kwliig. 

Q.  From  w.ioni  did  you  first  hear  that  two  men  had 
stayed  at  Dr.  Mudd's  house?  A.  I  heard  it  from  a  sol- 
dier. 

Q.  Do  j'ou  know  his  name?  A.  Y'es  sir;  his  name 
•was  Lieutenai:t  Dana. 

Q.  Did  Dr.  Mudd  say  anything  to  you  about  it?  A. 
He  did;  I  sent  for  him,  took  him  u))  into  a  room  of  the 
hotel  and  asked  him  to  make  his  statement,  which  he 
did. 

Joshua  I^loyd,  Sworn. 

Q.  State  w'hether  or  notsome  day  after  the  assassi- 
nation of  the  President  you  were  engaged  with  others 
in  pursuing  the  assasins?    A.  I  was. 

Q.  Did  you.  In  the  course  of  your  pursuit,  go  to  the 
house  of  the  prisoner,  Dr.  Samuel  Mudd?    A.  Yes  sir. 

Q.  On  what  day  did  you  go  there?  A.  On  Monday, 
April  Isth. 

Q.  Sttite  what  reply  he  made  t«  your  inquiry  in  re- 
gard to  the  object  of  your  pursuit.  A.  I  askea  h:m  if 
he  knew  that  the  President  had  been  assassinated;  he 
replied  that  he  did;  1  then  asked  him  if  he  had  seen 
any  parties  looking  like  the  assassins  pass  that  way, 
and  be  snid  ho  had  not. 

W.  That  was  at  the  lirst  Interview  ?  A.  Y'es  sir. 


Q.  What  did  he  state  at  thesecond interview?  A.  Ho 
then  acknowledged  that  two  men  had  stopped  there, 
and  that  he  had  set  the  broken  limb  of  one  of  them;  we 
showed  him  the  likenesses,  aud  he  said  he  had  seen 
them  before;  I  then  asked  him  had  ne  been  introduced 
to  Booth  last  fall,  and  he  said  he  had. 

(J.  How  long  did  he  say  these  nien  remained  at  his 
house?  A.  1  think  he  said  they  remaind  there  from 
lour  o'clock  in  the  morning  until  4  P.  M. 

Q.  Did  he  say  they  were  on  horseback  oron  foot  ?  A. 
He  said  that  one  was  on  horseback  and  the  other  was 
walking  and  leading  a  horse. 

A  photograph  of  Booth  was  shown  to  witness,  and 
recognized  by  him  as  the  one  which  he  had  in  his  pos- 
session, and  which  he  exhibited  to  Dr.  Mudd. 

Q,  What  was  the  Ddctor's  manner?  A.  Heappeared 
to  be  very  much  excited,  when  we  went  there  (he  se- 
cond time  he  was  not  in,  and  his  lady  sent  lor  him;  she 
apjieared  to  be  greatly  worried. 

<i.  What  did  you  say  to  him  at  the  second  visit?  A. 
Very  little  conversation  took  place  on  mj'  part,  as  I 
did  not  feel  very  well. 

<.i.  Did  he  make  any  reference  to  his  previous  denia.' 
of  having  seen  these  men?  A.  I  do  not  know  that  he 
did;  alter  we  found  the  boot  he  owned  up.  and  sale 
that  he  had  formerly  been  introduced  to  Booth  by  a 
man  named  Thompson;  he  did  not  say  anything  about 
being  in  company  with  him  in  Washington  city. 

During  the  cross-examination  the  witness  stated 
that  Mudd  at  lirst  denied  having  seen  the  supposed  as- 
sassins, or  even  any  strangers.  The  prisoner  stated 
when  arrested  that  at  the  time  of  his  introduction  tc 
Booth  by  the  man  Thompson  he  was  infVirnied  that 
Booth  came  there  to  buy  some  property;  at  the  time 
of  the  witness'  lirst  visit  to  Mudd.  the  latter  stated 
thtit  he  had  heard  of  the  President's  assassination  at 
church  on  Sunday  Dr.  George  Mudd  was  then  pre- 
sent. On  Friday,  the  day  of  the  second  visit,  the  boot 
found  in  the  house  was  produced  upon  the  arrival  of 
the  prisoner  at  his  home  and  while  the  party  were 
waiting  iur  him. 

Colonel  II.  li.  Wells,  sworn.— Q.  Are  you  Provost 
Marshal  of  the  defenses  south  of  W;vshiugton?  A, 
Y'es  sir. 

Q.  State  to  the  Court  whether,  in  the  week  subsequent 
to  the  murder  of  the  President,  you  h;id  an  interview 
with  the  prisoner.  Dr.  Mudd?  A.  Yes  sir;  I  had  an  ia- 
terview  with  him  on  Friday,  April  2lst. 

Q.  State  all  that  he  said  to  vou  in  regard  to  the  men 
wlio  called  at  his  place  on  Saturday  morning  alter  the 
murder.  A.  I  had  three  delinite  conversations  with 
him;  the  first  occurred,  I  think,  about  noon  on  Friday; 
I  had  the  doctor  brought  to  my  head-quarters,  and 
took  his  statement;  he  commenced  by  remarking  that 
on  Saturday  morning,  about  4  o'clock,  he  was  aroused 
by  a  loud  knock  at  his  door;  he  was  surprised  at  the 
loudness  of  the  knock,  and  inquired  w'ho  w;ls  there; 
receiving  some  reply,  as  1  understand  he  looked  from 
the  window  or  went  to  the  door,  and  saw  two  horses 
andasecond  person  sitting  on  oneof  the  horses;  he 
described  the  appearance  oi  the  persons,  and  said  that 
the  youngest  of  the  two  was  very  fluent  in  his  Siieeeh, 
and  that  the  person  on  horseback  had  broken  his  leg, 
and  desired  rneaical  attendance;  he  assisted  in  bring- 
ing the  person  who  was  on  horseback  into  his  house 
and  laying  him  upon  the  soia  in  the  parlor,  and  after 
Some  lime  he  was  carried  up  stairs  and  laid  on  a  bed. 
in  what  was  called  the  front  room;  he  then  proeeedea 
to  e.\amine  the  leg  and  discovered  that  the  outward 
bone  was  broken  i.ear  y  at  rglit  angles  across  the  limb, 
about  two  inches  above  the  instep:  he  said  it  was  not  a 
compound  iraclure.and  that  ti.e  patient  comp.ained  of 
pain  111  his  back,  but  he  lound  noiippurent  ci'.use  for  the 
pain,  e.xcejjt  as  proceeding  from  the  effect  oi  afall  from 
a  horse,  as  the  p  .tient  s.atedhehad  fallen;  he  said 
thet  he  dressed  tiie  hinb  as  well  as  he  was  able  to  do 
with  the  limited  facilities  at  his  comm.and.  and  called 
a  white  liired  servant  to  make  a  crutch  for  the  patient; 
thecrutcli  wasinadoand  breaki'a::t  was  then  prepared, 
and  the  younger  of  the  two  persons,  the  one  who  was 
uninjured,  was  invited  to  breakiast  with  them:  the  pri- 
sonenurther  stated  tnat  alter  breakiast  he  noticed  his 
jiatient  to  be  much  debilitated  and  pale;  the  young 
man  made  some  remarks  in  relatioa  to  procuring  some 
conveyance  lur  taking  his  Irlend  away,  and  that  some 
time  alter  dinner  he  stalled  with  him  to  sec  if  a  car- 
riage could  be  jirocured;  alter  traveling  for  some  dis- 
tance and  lahing  to  procure  a  carriage,  the  young  man 
remarked  that  he  would  not  go  any  Jurther,  but  would 
r^tur:!  to  the  house  and  see  if  he  could  notgft  l-.is  Irieiid 
away;  the  doctor  statd  also  that  alter  going  to  the 
town,  which  was  the  farthest  point  of  his  jovirney.  h9 
returiud  to  his  house  ;:bout4  P.M.;  in  speaking  oi  the 
wouiHied  man  I  asked  him  if  he  ku'w  who  the 
jierson  was,  to  which  he  replied  that  he  did 
not  recognize  him;  1  then  exhibited  to  him  what  was 
said  to  be  a  miniature  of  Booth,  and  he  said  thatlrom 
the  miniature  he  could  not  recognize  him:  he  stated, 
however,  in  answer  to  another  question,  that  he  met 
IJooth  sometime  in  November;  I  think  he  said  th.tt 
he  was  introduced  by  a  Mr. 'I'hompson  to  Booth;  I 
think  the  introduction  to  Booth  took  place  at  cliurcii. 
on  a  Sunday  morning,  and  af.er  the  introduction  had 
been  fiiven.Tliomp  on  said  that  Boo.th  wanted  to  pur- 
chase farming  lands;  they  had  some  conversation  on 
the  subject  of  lands,  aud  then  Booth  asked  the  ques- 


TRIAL   OF   THE   ASSASSIXS   AT  WASHINGTON. 


55 


tion  whether  there  were  any  desirable  horses  that 
could  be  bought  cheap  in  that  section,  and  he  men- 
tioned the  names  of  several  dealers  in  desirable  stock 
in  the  neighburUood:  I  asked  him  if  he  could  recog- 
nize again  the  person  whom  he  then  met  under  the 
nameof  Booth;  hesaid  he  could,  and  I  aslced  him  ii' 
he  had  seen  Booth  at  any  time  after  the  in- 
troduction in  November  and  prior  to  his 
arrival  there  on  baturday  morning;  he  said  he 
bad  not;  I  asked  him  if  he  had  any  suspicions  of  the 
character  of  Booth,  or  either  of  these  persons:  he  said 
he  had  not,  but  that  after  breakfast  lie  thought  there 
was  something  strange  about  their  actions  in  view  of 
the  lact  that  the  youDg..niaii  came  down  staii-s  and 
asked  lor  a  razor,  and  said  his  friend  wanted  to  shave 
himself,  and  that  shortly  afterwards  he  noticed  that 
the  person  answering  to  thenanieot  Booth  li  ad  shaved 
ofi'his  moustache;  I  asked  him  if  theman  bad  a  beard, 
when  hesaid  that  be  had,  and  that  it  was  larger  than 
my  own.  but  he  could  not  determine  whether  it  was 
natural  or  artiiicial;  that  he  kept  a  shavvl  about  his 
neck  and  seemed  to  desire  to  conceal  the  lower  part  ot 
his  lace;  I  asked  him  at  this  time  if  he  liad  heard  of 
the  murder  of  thel'resident;  he  replierl  that  hehad  not; 
I  think,  however,  he  remarked  to  me  in  one  of  his  in- 
terviews, that  he  heard  of  the  assassiuation  for  the 
first  time  on  Sunday  morning,  or  late  in  the  evening  of 
SaturUav;  my  impression  is  that  he  did  not  hear 
of  it  until  after  these  persons  had  left  his  house. 
The  wituessstatedlurther.that  when  leaving.  Harold 
Inquired  for  the  most  direct  route  to  Mr.  Wilmer's 
house,  ai'.d  that  the  prisoner  gave  him  the  desired  in- 
formation. The  prisoner  also  communicated  to  the 
witness  all  the  jiarticulars  concerning  the  discovery  of 
the  boLt  fouod  in  the  house  occupied  by  him. 

Cross-examination  by  Mr.  Ksving.— Q.  At  the  time 
that  Wudd  gave  you  this  iu'.onuation  did  you  see  any- 
thing that  was  extraoidinar.v?  A.  He  did  nut  seem 
willing  to  answer  adirect  tiue.'.tioii.  and  I  saw  that  un- 
less I  did  ask  direct  questions  all  important  facts  were 
omitted  bv  him. 
Q.  Was  he  alarmed?  A.  He  was  much  excited. 
CJ.  And  alarmed?  A.  Not  at  the  lirst  or  second  in- 
terview, but  at  the  third  he  was. 

Q.  What  lime  of  Friday  did  you  have  your  first  in- 
terview with  him?  A.  Not  lar  from  midday;  it  might 
have  been  before  or  in  the  alteriioun. 

Q.  How  long  after  was  it  that  Lovett  was  gone  for 
Dr.  Mudd?  A.  I  am  not  certain;  1  don't  think  I  sent 
Xovett  lor  Mudd. 

a.  it  was  on  the  Friday  after  the  assassination?  A. 
I  think  it  was,  sir;  on  the  21st. 

Q.  At  the  first  interview  did  you  have  any  written 
statement  made?  A.  No  sir;  I  kept  on  talking  with 
him,  and,  after  I  thought  I  had  the  facts,  I  had  it  taken 
down  in  writing;  we  had  a  dozen  interviews  at  least. 

U.  When  was  the  last  interview?  A.  Ou  Sunday,  I 
think. 

Q.  IJid  you  have  any  more  than  one  on  Friday?  A. 
Yes;  he  wu«3  in  my  presence  fur  almost  live  hours;  we 
were  talking  thtre  from  time  to  time. 

Ci.  You  said  that  at  the  last  interview  he  was  much 
alarmed  from  some  statement  you  made?  A.  I  said 
to  him  that  lie  was  concealing  tiie  facts,  and  that  I  did 
not  know  whether  heunderstuod  that  was  thestrongest 
evidence  tliat  could  be  produced  of  his  guilt  at  that 
time,  and  might  endanger  nis  saiety. 

Q.  When  was  it  you  went  oil"  with  Dr.  Mudd,  and  he 
took  you  along  the  route  which  these  two  ineu  took? 
A.  On  Sunday  "morning,  I  am  quite  cuntident. 

Q.  He  spoke  of  their  taking  the  direct  road  to  Piney 
Chapel?  A.  Yes  sir,  to  Dr.  Wilbur's,  olBiiiey  Chapel. 
Q.  You  spokeof  traclvs  on  the  direct  road  to  Pincy 
Chapel  till  they  turned  olT?  A.  No;  they  took  the 
direct  road,  coming  out  by  the  doctor's  house,  ti.l  they 
came  to  the  wall,  with  this  exception;  the  marsh  was 
full  or  1-Olcs  and  bad  places,  and  i  remember  tliinking 
they  had  got  lost,  as  they  went  iroin  right  to  left,  and 
kept  changing  ou  that  way  till  they  lost  the  general 
direction. 

Q.  Did  you  say  that  the  Doctor  said  to  you  that  he 
had  heard  of  the  assassination  oftho  President  on 
Saturda.v  evening  or  on  Sunday?  A.  Jly  impression 
is  that  h"e  said  not  till  Saturday  afternoon  or  Sunday 
ruorninf^ 
Q.  You  think  hesaid  Saturday  evening?  A.  Yes. 
Q.  Did  he  mention  how  and  whence  he  heard  it?  A. 
No  sir;  I  can't  say  that  he  did,  but  X  have  an  indistinct 
idea  that  he  heard  it  at  the  town,  but  am  notsure;  over 
in  Brvantown. 

U-  Did  he  say  when  it  was  that  Johnson  introduced 
him  to  Booth?    A.  He  said  it  was  about  November. 

Q.  Did  lie  say  whether  it  was  belore  daybreak  when 
they  came  to  his  house?  A.  He  said  it  was  belore  day- 
break; about  Ibnr  o'clock. 

Q.  Did  yon  ask  whether  they  paid  him  anything  for 
setting  the  broken  leg?  A.  I  think  he  said  they  paid 
him  twenty-live  dollars.  I  think  that  statenitnt  was 
made  to  one  of  the  men  that  was  with  rue,  but  not  to 
me  directl.v. 

Q.  Didn't  Samuel  Mudd  say  to  you  that  there  bad 
been  two  suspicious  men  at  his  house?    A.  Yes,  sir. 

CJ.  Did  he  not  sa.v  to  you  that  he  told  that  on  Satur- 
day evening?    A.  I  can't  remember;  but  I  think  not. 

Q..  Was  it  on  Sunday  evening?  A.  I  thiuii  it  was 
later  than  that. 


Q.  Did  he  not  say  to  you  in  some  one  cf  your  inter- 
views that  he  told  you  that  on  Sunday?  A.  My  Im- 
pression is  that  he  told  Dr.  Mudd  on  Monday. 

Q.  You  recollect  his  having  said  that  he  told  Dr. 
Mudd  ?  A.  Yes;  in  this  connection  I  said,  ''one  of  the 
strongest  circumstances  against  you  is  that  you  have 
failed  to  give  the  lullest  inlormatiun  of  tliis  matter." 
Then  it  was  hesaid  he  told  Dr.  CJeorge  Jviudd. 

Q.  Did  he  examine  the  likeness  of  Booth  in  your 
possession  ?    A.  Yes  sir. 

Q.  Did  he  recognize  it  as  theman  who  he  bad  been 
introduced  to?  A.  My  impre:5slon  is  that  hesaid  that 
he  could  not  from  the  pliotograph  recognize  the  man. 

Q.  Did  he  not  say  that  he  could  not  recognize  It  as 
the  man  whose  leg  was  broken?  A.  Hesaid,  •'!  should 
not  have  known  Mr.  Booth  from  the  photograph;"  he 
said  also  he  did  nut  recognize  the  man  %vhen  he  first 
saw  him.  but  that  on  recollecting  he  knew  it  was  Mr. 
Booth,  the  person  to  whom  he  had  been  introduced. 

Q.  Did  he  not  say  that  that  was  like  a  likeness  that 
he  had  already, seen  of  Booth,  with  his  name  marked 
upon  it?    A.  1  don't  remember  that. 

Q.  Was  there  not  Intense  excitement  in  the  town 
among  the  soldiers  and  the  people?  A.  Notamongthe 
sold. CIS,  the.v  were  caim  enough;  but  among  the  peo- 
ple there  was;  they  were  going  and  coming  all  the 
lime. 

U.  In  a  state  of  angry  and  excited  feeling?  A.  There 
was  no  angry  feeling  exhibited,  but  there  was  an  ex- 
cited stateof  leeling  evident. 

By  the  Judge  Advocate.— Q.  Can  you  state  at  what 
time  Dr.  Mudd  professed  to  have  recognized  Booth  as 
the  man  he  had  been  introduced  to?  A.  During  their 
stay  at  his  house. 

y.  So  you  understood  him  to  admit  that  lie  recog- 
nized him  before  he  left?  A.  Yes;  his  expression  was, 
that  he.didnotknowhim  at  first,  but  that  ou  reUectiou 
hereco  Itcted.him. 

By  Mr.  Kwing.— Q.  Please  state  as  nearly  as  you  can 
Mudd's  exact  words  whin  ho  •jpoke  on  reilection  of  re- 
collecting "that  it  was  Booth  who  was  at  his  bnuse  ou 
showing  him  the  picture;  that  he  should  not  have  re- 
collected theman  trom  the  photograph,  and  that  he 
did  not  remember  him  wiien  he  tirst  saw  him,  but  that 
on  reilection  he  remembered  he  was  the  man  he  was 
introduced  to  in  November  last,  or  in  the  lail."  A.  I 
won't  say  these  are  the  exact  words,  but  that  is  the 
substance  of  bis  words,  as  nearly  as  I  can  recollect 
them. 

U.  There  was  nothing  but  that  in  his  conversation 
upon  that  point?  A.  That  was  the  substance  of  it,  and 
It  was  said  over  and  over  again. 

Q.  Didn't  he  say  whetherlhis  reflection  on  which  he 
could  i-ecugnize  the  man  with  the  broken  leg,  as  the 
man  to  whom  he  had  been  introduced,  was  a  redection 
which  arose  after  the  man  had  lei  t  his  house?  A.  He 
leit  the  impression  clearly  upon  my  mind  that  it  was 
before  the  man  left  the  house;  he  gave  it  as  a  reason 
why  he  didn't  remember  him  at  the  tirst.  that  the  man 
was  much  worn  and  debilitated;  that  he  seemed  to 
m.ikeanefiort  to  keep  the  lower  part  of  his  lace  dis- 
guised; but  when  be  came  to  reflect  he  remembered  it 
was  the  man  he  bad  been  introduced  to. 

U.  Did  he  speak  of  this  disguise  as  having  been 
thrown  otf  or  discontinued  at  any  time  during  the 
man  s  stay  at  his  house?  A.  No;  but  the  light  of  the 
day.  thesliavingot  the  face,  the  fact  that  be  sometimes 
slept  and  at  others  was  awake,  gave  him  opportunities 
to  recognize  the  man;  but  I  do  not  recollect  that  he 
said  the  disguise  was  cnhrely  thrown  otf. 

Q.  Did  he  admit  to  you  having  denied  any  person 
having  been  at  bis  bouse?    A.  He  certainly  did  not 
deny  it  to  me. 
The  Court  then  adjourned  to  10  o'clock  to-morrow. 


W.vsHiNGTON,  May  17.— General  Harris  said  that  on 
Saturday,  for  what  he  deemed  justiUable  reasons,  he 
bad  objected  to  Hon.  Reverdy  Johnson  apjiearing  here 
a,s  counsel.  He  now  asked  to  have  read  a  letter  irom 
Beverdy  Johnson,  dated  Baltimore,  October  7,  1SG4,  ad- 
dressed to  William  D.  B  nvie,  U.  C.  Magruder,  John  D. 
Bowling,  Prince  George's  county,  in  wliieh  he  takes 
the  ground  that  the  oath  prescribed  by  the  Constitu- 
tional Convention  was  illegal,  and  concludes  as  fol- 
lows:—"It  is  indeed  the  only  way  in  which  the  people 
can  protect  themselves,  and  no  moral  injunction  wiU 
be  violated  by  such  a  course,  because  the  exaction  of 
the  oath  was  beyond  the  authority  of  the  Convention, 
and  as  a  law  therefore  void." 

Testjniony  of  William  'Williains. 

William  Williams  was  called  as  a  witness,  and  testi- 
fied as  follows:- 

Q.  Will  you  state  to  the  Court  whether,  after  the  as- 
sassination, you  were  ever  engaged  in  the  pursuit  of 
the  assassins?    A.  Yes  sir:   1  started  on   April  17th 
with  M:i.1or  O'Beirne,  and  pursued  to  Surrattsville. 

Q.  State  whether,  in  the  course  of  that  pursuit,  yoti 
went  to  the  residence  of  the  prisoner.  Dr.  Mudd  ?  A. 
Yes  sir:  we  went  there  on  Tuesda.v,  the  isth  ;  when  wo 
arrived  there  Dr.  Mudd  was  not  at  home,  but  we  saw 


56 


TRIAL   OF   THE   ASSASSINS  AT  WASHINGTON. 


his  wife,  and  she  told  us  she  would  send  for  him.  that 
be  was  in  the  neighborhood ;  wlien  lie  came  1  asked 
blm  whetlier  any  stransjers  had  been  that  way ;  he  said 
not;  wequestioned  him  about  two  men  havinj?  been  at 
his  house,  one  with  a  broken  leg,  and  he  denied  that 
they  had ;  he  spoke  to  some  oiUer  olhcers. 

Q.  Did  you  iiieulioa  the  time  when  you  supposed 
these  men  had  been  there?  A.  iS'ot  on  our  tirst  visit:  J. 
did  not. 

Q.  Did  vou  have  any  further  consultation  with  him 
upon  that?    A.  No  sir.  not  on  our  lirst  visit. 

Q.  He  denied  altogether  that  there  had  been  any 
strangers  there,  you  say.    A.  Vcs. 

(4.  ^\■ho  made  the  remark  about  the  man  with  the 
broken  leg  having  been  there?  A.  One  of  the  other 
Ollicers.  .  . 

Q.  Did  you  hear  his  reply?  A.  I  am  not  positive  what 
it  was,  biit  he  made  a  reply. 

Q.  Did  he  on  that  occasion  state  to  you  when  he 
heard  for  the  lirst  time  of  t  lie  assassination  ol'lhel'resi- 
dent?  A.  Yes  sir:  he  said  it  was  in  church  teuuday 
morning. 

Q.  Did  he  converse  freely  with  you;  was  his  manner 
frank  or  evasive?  A.  He  seemed  to  be  a  little  uneasy. 
and  not  willing  to  give  us  the  inlbrmauon  without 
being  a^ked  for  everything, 

Q.'Wheudid  you  see  him  the  second  time?  A.  On 
Fridav,  the  21st. 

Q.  Vvhat  occurred  then?  A.  We  went  therefor  the 
purpc^e  of  arresting  lam;  he  w;is  not  at  home,  but 
Mi's.  Mudd  sent  lur  liim;  when  he  arrived  at  lliehonse 
Lieutenant  Doveit  asked  him' a  question  or  two,  and 
then  X  asked  him  about  the  two  men  being  at  his 
house,  and  wliother  he  had  seen  them,  and  then  he 
Baid  that  he  hud;  I  asked  him,  also,  it  iiiey  werelJooih 
and  HaioKl;  he  said  they  were  not;  that  he  was  inlro- 
duced  to«Boot)i  last  fall,  and  knew  him;  he  had  been 
Introduced  to  Booth  by  Jlr.  Thompson;  alter  we  ar- 
rested him  weslimved  him  this  picture,  and  alterlook- 
iugat  it  a  liitle  whilehe  said  at  lirst  lie  d.d  nut  recol- 
lect tne  features,  but  that  it  looked  like  Booth  across 
the  eves;  I  iiilormed  Mrs.  Mudd  that  we  would  have 
to  search  the  house,  and  then  she  said  tiiatone  of  the 
men  had  left  a  boot  up  stairs  in  bed.  and  she  went  for 
and  brciught  the  boot:  it  was  a  long  riding  boot,  with 
the  New  York  maker's  nai/e  and  the  name  of  J. 
Wilkt-s  written  inside;  the  boot  was  cut  about  two 
inches  np  ironi  the  instep. 

Q.  Didrshe  say  that  the  doctor  had  set  the  leg  of  the 
man?    A.  Yes  sir. 

Q.  How  long  did  he  say  tliey  remained  at  the  house? 
A.  He  stated  to  me  they  left  between  three  and  lour  in 
the  aitcri  oon  on  Saturday. 

Q.  Did  he  state  to  you  at  what  hour  they  came?  A. 
About  dav  break. 

Q.  ])jdlhi!y  leave  on  horseback  or  on  foot?  A.  He 
said  they  lei't  on  horseback;  Mrs.  Mudd  said  they  leit 
on  foot. 

Q.  Did  you  understand  her  to  be  speaking  of  one  or 
both  of  lliein  when  she  said  they  welit  ou  lool?  A.I 
understood  her  to  say  Booth,  and  I  believe  it  was  Dr. 
Mudd  who  said  the  injured  man  went  away  on  crutches, 
■which  he  said  had  been  made  for  him  by  one  of  his 
men. 

Cross-examination    by   Mr.  Stone— Q.   Was   Lieut. 
Lovett  present?    A.  Yes  sir. 
Q.  On  but  li  Tuesday  and  Friday?    A.  Yes  sir. 
Q.  Was  Mrs.  Mudd  in  the  parlor  when  she  made  this 
declaration  about  the  boot?     A.  She  was  standing  at 
the  door. 

Q.  Where  was  Dr.  Mudd?  A.  He  was  in  the  parlor. 
-Q.  Could  he  hear  what  Mrs.  Mudd  said?  A.  Ijudge 
he  could;  he  was  no  further  than  where  you  are  sitting 
there. 

Q.  She  was  the  first  one  who  mentioned  about  Booth 
to  you?  A.  Yes;  Itold  her  weshould  becoiupi'lled  to 
search  the  house,  and  then  she  sawl  that  the  men  had 
left  the  boot  there,  and  went  up  and  brought  it  down. 
Q.  Was  it  on  Tupsday  or  Friday  that  he  told  you  the 
lirst  knowlfd-;e  he  had  of  the  death  of  the  1'rcsii.lent 
■was  derived  at  church  the  Sunday  before?  A.  Ou  Fri- 
day, I  think. 

ii.  Do  you  remember  that  any  one  asked  him  in 
your  ijresence,    A.  I  do  not. 

Q.  You  were  all  together  in  one  room?    A.  Yes  sir. 
U.  Did  you  or  I.ienti'iiant  Lovett  ask  him  about  two 
Stran^j;ers  who  had  been  at  his    house  any  time  pre- 
■yiou.s'.*    A.  We  both  asked  him. 

Q.  Which  asked  him  lirst?    A.  I  don't  remember. 
Q.  Did  he  give  the  same  reply  to  both?    A.  I  think 
hedid.sir. 

Q.  Do  you  feel  confident  of  that?  A.  His  reply  to 
me.  on  Tuesday,  was  that  they  had  not  been  there:  X 
think  it  was  the  same  hesaid  to  JJeutenant  Lovett. 

Q.  J)o  you  romoniber  on  the  l''riday  of  tht;  examina- 
tion wl;o  asked  liim  first?    A.  1  think  it  was  Lovett. 

Q.  Do  you  remember  whether  he  asked  about  iwo 
strangers,  or  about  Booth  and  Harold?  A.  About 
strangers,  1  Hunk. 

ti.  What  answer  did  he  make  on  Friday?  A.  The 
question  was  whether  two  strangers  hud  been  there; 
one  with  a  broken  leg;  and  then  hesaid  he  had  set  the 
man's  leg;  that  one  of  them  was,  apparently,  i. bout 
seventeen  or  eighteen  years  of  age:  that  tliey  had 
knockt'd  at  the  door,  and  ho  had  lool^ed  out  at  the 
Window  aud  asked  who  they  were;  they  replied  that 


they  were  friends,  and  wanted  to  get  in:  and  Dr.  Mudd 
came  down  stairs,  and  with  the  assistance  of  the 
young  man,  h.elped  the  injured  man  from  his  horse 
and  took  him  to  his  parlorand  placed  him  on  the  sola. 

Q.  Did  he  describe  the  strangers?  A.  He  .s;iid  one 
was  about  seventeen  or  eighteen;  that  the  other  had 
a  moustache  and  long  thin  whiskers;  I  asked  him 
if  they  were  natural  whiskers?  he  said  he  could  not 
tell. 

Q.  Did  he  tell  you  the  color  of  the  other  man's  hair? 
A.  No;  not  that  I  remember. 

Q.  Did  he  tell  you  his  height?    A.  I  am  not  positive. 

(.i.  D)d  ho  give  any  description  of  his  dress?  A.  I 
think  he  said  the  injured  man  had  a  shawl;  X  am  not 
certain. 

Q.  Did  he  describe  the  dress  of  the  younger  man?  A. 
I  don't  remember  his  saying  anything  about  it. 

Q.  Did  he  describe  his  height  and' general  appear- 
ance? A.  Hesaid  he  was  a  smooth-faced  3'oung  man, 
about  seventeen  oreghteen. 

Ci.  Did  he  tell  3'ou  the  direction  they  took,  and  did 
you  search  for  tracks  in  the  direction  indicated,  and  if 
so,  did  you  find  any?  A.  Yes,  we  found  tracks,  but 
other  teams  were  constantly  passing,  aud  the  I'oad  is 
not  iriuch  traveled. 

Ci.  Did  you  go  on  Tuesday  across  the  swamp?  A. 
Ye^:  We  went  ill  ihroti^h  the  swamp  ou  Tuesday  and 
Fridav,  after  we  came  hack. 

Q.  Were  you  one  of  the  party  who  went  to  see  Mr. 
Wilmer's  lioifse?    .A..  Yes  sir. 

Q.  Whattimedidyou  getthere?  A. Thursday  orTue-S- 
day  night;  I  think  it  was  late  in  the  evening  when  we 
got  there. 

Q.  What  time  did  you  say  you  got  to  Wilmer's?  A.I 
think  it  was  Wednesday  evening. 

Q.  Did  you  hear  anything  of  them  on  the  road?  A.I 
did  not. 

Q.  This  was  before  the  doctor  was  carried  to  Bryan- 
town?    A.  Yes  sir. 

U.  Were  you  and  Mr.  Lloyd  under  Lieutenant  Lor 
vett's  orders?  A.  X  was  acting  under  ilajor  O'Beirue's 
orders,  hut  in  Ills  absence  wiis  under  Lieutenant  Lo- 
vett, wlio  had  cliari^e  of  the  squad,  X  suppose. 

Q.  Wius  IMr.  Lloyd  with  you?    A.  Yes  sir. 

Q.  Were  you  in  tlie  Court  when  his  testimony  was 
read?    A.  Iwiisnot. 

The  Court  here  took  a  recess. 

On  the  Court  reassembling  the  testimony  was  con- 
tinued. 

'S'c.stiBniosjy  of  Simon  Gavasaii. 

Q.  Will  you  state  whether  you  are  acquainted  with 
Dr.  Mudd-:"    A.  Yes  sir. 

CI.  Were  ytu  not  at  hishouse  the  Tuesday  following 
the  assiissination''    A.  Yes  sir,  I  w-as. 

Q.  State  what'inqniries  you  made  of  him  there  to 
aid  you  in  tlie  pursuit  of  the  murderers,  and  what  re- 
jilies  he  made?  A.  V.'e  went  tliere  on  tiie  lorenoon  of 
that  Tut^sUay,  the  isth;  we  went  to  his  house,  and  we 
made  iiKjuiries  whether  any  two  men  luid  passed 
there  on  tne  iiiorniug  ot.Saturday,  alter  the  assassina- 
tion: he  said  "no,"  aud  tnen,  when  we  asked  more 
Piuticularly  whether  two  men  came,  one  of  them 
having  his  leg  fr.actured,  he  said  ••yes;"  we 
asked  him  what  time,  and  he  said,  "at  four 
or  half-past  four  in  the  morning  they  rapped 
at  his  diior,  and  he  being  aliirmcd  at  the  noise  came 
down  and  let  lliem  in;  he  said  another  niiin  assisted 
the  injured  man  into  tne  house;  lieis.iid  he  attended  to 
the  fracture  as  well  as  he  could,  bi.t  tiutt  he  ha  1  not 
much  fracture:  the  jierson  with  the  fractured  leg 
stayed  in  the  parlor  at  lirst.  but  a'ter  tliiit  Wiis  taken 
up  to  one  oi  I:. e  rooms  up  stairs,  and  remained  there 
till  between  three  and  live  o'clock  in  tiie  afternoon  on 
Saturilay:  he  s;iid  they  then  leit  there,  and  he  went 
part  of  the  wa.i- with  tueiii,  but  that  previous  to  th;it 
he  went  to  look  lor  a  bu,gy,  with  the  other  man,  to 
have  the  wounded  man  tai;en  away,  but  that  he  could 
notiindoiie:  hesaiil  he  went  jiai  t  of  the  Wiiy  on  the 
road  with  tlioni.  hut  tlu'y. lirst  inquired  the  way  to 
A  lens  X'resli,  and  Ihal  they  also  inquired  the  way  to 
Dr.  Wrintr's,  and  hesid  1  hesiiowed  taem  the  loads. 

U.  Did  \  ou  a.--k  hiiii  whether  he  knew  these  persons? 
A.  He  said  at  first  "No,  not  at  ail." 

Q.  On  thesubsenuent  da%sdid  you  have  any  inter- 
view with  him,  and  if  so  when?  A.  On  X'riday,  the 
21st. 

Q.  State  what  occurred  then?  A.  We  went  there  to 
arre.'-t  him  and  setircli  hishouse.  Xlewasnot  in.  but 
his  wiie  gent  lor  him:  wnen  he  Ciime  we  inlormeil  him 
thiit  we  woiiid  have  tose:iiC;i  his  house;  his  wife  t.ieii 
went  ui)  stairs  and  broig. It  a  hoot  down:  we  examined 
thebo(jt  an  1  lound  ".I.  U'dkes' marked  on  tlielegof 
the  hoot.  .She  a.so  biongiit  a  razor  down,  which  one 
of  Hie  party  took  in  charge. 

Q.  J*ia  you  repeat  your  inquiry  as  to  who  they  were? 
A.  We  asked  him  if  it  wa>  not  Booth?  he  said  he 
thought  not. 

Q.  "Did  y  lUget  any  rea,son  for  his  so  thinking?  A. 
He  said  he  hail  whiskers  ou,  and  also  had  his  mous- 
tache shaved  ofl;  ))rohably  he  shaved  it  olf  up  stairs. 

CJ.  Did  lU!  speiik  of  hiivmg  known  him  before?  A. 
Yes;  wlien  we  made  inquiries  he  said  he  was  intro- 
duced last  fa.l  by  a  man  naiiied  Thompson. 

Cr.jssc.xamination  by  Mr.  Ewing.— li.  Who  was  the 
chief  of  the  party  who  were  with  you?  A.  We  had  no 
chief. 


TRIAL   OF   THE   ASSASSINS  AT   WASHINGTON. 


COL.  LAFAYETTE  C.  BAKF.R> 


(4) 


TRIAL   OF   THE    ASSASSINS   AT  WASHINGTOK 


51 


Q.  WIio  was  in  charge  of  ttie  party?  A.  Lieutenant 
liovptt  came  in  cliarpie  of  a  cavalry  detaclime.:t,  but 
we  went  under  the  orders  of  Major  O'Beirne. 

Q.  In  the  ahsonce  of  Major  (J'Bpirne,  were  vou  not 
under  the  order  ol  Lieutenant  Lovett?.  A.  Yes  sir, 
partly^ 

Q.  Who  commenced  th')  conversation  with  Mudd  on 
Tuesd  ty?    A.  Tiiat  1  am  not  able  to  say. 

Q.  How  lou^j  did  the  con  ver.salion  last?  A.  Probably 
one  hour. 

Q.  In  your  presence?    A.  Yes  sir. 

Q.  Uid  uot  Lieutenant  Lovetr,  conduct  the  inquiries 
chietly?  A.  No  sir;  the  doctor  was  asked  questions  by 
all  of  us. 

Q.  Did  not  Dr.  Mudd  hinT^elf  brin^  the  boot  down  to 
you?    A.  J<o  sir:  his  W!:e  bruu.:;iit  itxlown. 

Q.  Who  was  it  given  to?  A.  The  one  nearest  the 
door. 

Q.  Did  you.  in  jioint  of  fact,  make  a  search  of  the 
house?  A.  Wo  did  not  go  u|)  stair-:;  wluii  we  found 
tlie  boot  and  razor  we  considfrcd  it  satis. actory  evi- 
dence ihatUooili  and  Harold  had  been  inibebouse. 

y.  Didyou  go  tomeet  Mudd  on  Friday  as  he  was  go- 
ing to  ilie  house?    A.  No.s.r. 

y.  D.d  Lieutenant  Li.viVt?  A.  There  might  have 
bee.i  one  ur  two  other  ollicers;  I  am  not  sure. 

Q.  Did  you  ask  liim  on  Tuesday  lor  a  description  of 
the  party?  A.  Ko  sir;  I  bilieve  ihe  photo,-;rapli  of 
Boom  was  shown  to  him  and  that  he  did  not  recognize 
it  as  one  oi  the  parties  that  was  at  his  liouse,  but  that 
there  was  sometliin;^  about  the  forehead  and  eyes  that 
resembled  one  of  them. 

icl.  Did  lie  ponu  oui  to  you  the  road  they  went  across 
the  swamp?  A.  Ko  sir,  he.'a.d  heliad  iiuide  inquiries 
how  they  would  t;et  10  Ihe  Ilev.  Dr.  Wilmer  s. 

Q.  He  meniioned  that  on  Tuesday?    A.  Yessir. 

U.  Did  he  tell  you  how  to  get  to  Dr.  Wilmer's?  A. 
Yes  sir. 

Testimony  of  9Irs.  Emma  Offntt. 

Q.  State  whether  or  not  you  are  the  sister-in-law  of 
John  Fioyd?    A.  Vejsir. 

Q.  Ktaie  whether  or  not,  on  the  Tuesday,  the  11th  of 
April,  you  were  at  his  bouse?    A.  Y^s  sir. 

y.  You  saw  Mr.  Floyd  on  that  day?  A.  Yessir,  I 
was  in  the  carriage  with  Mr.  Floyd. 

Q.  Un  that  occasion  did  you  Lai)pen  to  meet  Mrs. 
Surratl?    A.  Yessir. 

y.  .State  lo  tuc  Court  where  the  meeting  took  place? 
A.  Somewhere  near  Uiiioutown. 

Q.  (State  whether  or  not  a  conversation  took  place 
between  Jlr.  l''lcjydaiid  Mrs.  Surratt  on  that  day?  A. 
Yes,  they  talked  togi'tber. 

Ci.  Did  you  hear  any  of  the  conversation?  A.  Y'es 
sir.  some  or  it. 

Q.  Under  what  circumstances  did  the  conversation 
take  place?  A.  Oarcarriages  (lassed  each  other  belore 
we  recognized  who  it  was.  and  Mr.  Floyd  went  out  to 
her  carriage,  and  they  had  a  Conversation  which  took 
place  at  her  carriage,  and  not  at  ours. 

y.  Were  you  at  Mr.  Floyd's  again  on  Friday,  the  Uth 
of  April?    A.  Yessir. 

y.  (State  whether  you  saw  the  prisoner,  Mrs.  Surratt, 
there?    A.  Yessir. 

y.  Did  you  observe  anv  conversation  between  her 
and  Mr.  1-  loyd  on  that  day?  A.  Yes;  1  saw  them  talk- 
ing together,  but  1  did  not  hear  them  at  all;  X  had  oc- 
casion to  go  to  tiie  back  part  of  the  house. 

Q.  Did  meconver.satinu  taktM'lace  in  the  back  part 
of  the  house  or  in  the  yard?    A.  In  the  vanl.sir. 

y.  Had  Mr.  Floj-d  been  to  town  thatday?  A.  No 
sir,  he  had  lieen  to  Marlboroi.gli,  attending  court. 

y.  What  di  1  he  bring  with  him  when  he  came  back? 
A.  Some  o.\sters  and  lish,  and  Unit  is  how  he  came  to 
drive  into  the  back  part  oi  the  yard. 

Q.  Was  any  oneelse  in  the  yard  at  the  time  of  this 
ctuivers  tiou?    A.  No  sir. 

Cross-examination  by  Mr.  Aiken.— Q.  How  far  apart 
werethe  two  carriagi  s  wiieii  you  wenLpa^  t  each  other? 
A.  Two  I  r  three  yards;  I  tliink  they  talked  buta  very 
lew  minutes  together. 

y.  Did  Mr.  Floyd  state  what  the  conversation  was? 
A.  No  sir. 

y.  Nor  what  the  conversation  on  the  Uth  was  about? 
A.  No;  he  did  not. 

y.  lla.e  yuu  been  a"quainted  with  Mrs.  Surratt  for 
some  lime?    A.  Fversince  last  suinmer,  1  believe. 

y.  What  time  did  she  arrive  at  Mr.  Floyd's  on  the 
14th?    A.  At  about  4  o'clock,  I  think 

y.  Did  you  hear  any  cjuversation  with  her  previous 
to  Mr.  Floyd's  coming  home?  A.  Yes  sir;  in  the 
parlor. 

y.  Did  you  learn  what  the  conrersatiou  was  on  that 
day? 

yuestion  obiected  to  and  waived. 

Q.  Did  IToyu  make  any  statement  in  reference  to 
his  business  with  Mrs.  Surratt?    A.  No  sir. 

y.  Did  Mr.;.  Sur,  atthave  any  business  with  you  on 
thatday.'    A.  No'sir. 

y.  Did  Mrs.  Surratl  place  in  your  hands  any  pack- 
age?   A.  No  Sir. 

y.  Durin,'  your  visit  to  Mr,  Floyd's  did  you  hear  any- 
thing about  shooting  irons? 

Assisti-.nt  Judge  Advocate  Bingham  objected,  and 
the  objection  wi*3  sustained  by  the  Court. 


Testimony  of  William  P.  JeI>H>- 

Q.  Look  at  tlie  prisoners  and  see  if  vou  recognize 
any  or  all  of  them?    A.  duly  one  of  them,  sir. 
y    Which  one?    A.  Harold. 

y.  Siate  when  you  lirst  saw  him  ?  A.  Since  the  25th 
of  last  October  1  have  been  in  Ctiroline  county,  Mary- 
land, as  commissary  agent  in  the  Couri'derati'  service: 
I  was  ill  the  cavalry  service,  but  was  wounded  on  the 
litli  of  .lanuar.v.  ai.d  a  ter  that  was  apixiinled  commis- 
sary agent;  when  I  was  on  my  way,  in  April,  to  Fau- 
quier county  I  got  down  to  Port  Conway  and  saw  a 
wag.jii  on  the  wharf. 
Q.  When  was  that?  A.  On  the  18th  of  April, 
y.  The  Monday  after  the  assassination?  A.  No  sir; 
the  Monday  weelj  after  the  murder;  there  were  three 
of  us  together;  we  saw  the  wagon  and  rode  down  on 
the  wharf,  and  belore  we  reached  the  wagon  we  saw  a 
man  get  out  of  it  and  it  seemed  to  us  as  if  he  put  his 
baud  into  bis  bosom;  I  don't  remember  whether  we 
hailed  the  lerry  or  not;  this  one  man  got  out  of  the 
wa.yoii  and  came  where  we  were  and  sai  ;:— '  What 
coniinand  do  you  belong  to?"  Buggies  said  Moseby's 
ciimmand;  then  he  said,  "Where  are  you  going?"  I 
said.  "It  is  a  secret:  where  are  you  going?' 

y.  Did  you  ask  him  what  commaml  lie  belonged  to? 
A.  He  said  he  belonged  to  A.  P.  Hill's  Corps.  He 
said  bis  brother  was  wounded  below  Petersburg,  and 
asked  ii  we  would  take  him  down  lo  the  lines.  Harold 
asked  us  then  to  lake  a  drink,  but  none  of  us  drank, 
and  we  declined.  I  got  diwn  and  carriiKl  out  three 
horses  and  tied  them  up,  and  Harold  came  and  touclied 
me,  and  said  he  wanted  to  speak  to  me.  and  said, ':I 
suppose  you  are  raising  a  command  to  go  South;"  and 
then  sa:d  be  would  like  to  go  with  us.  Isa.dtliatI 
could  go  with  no  man  that  I  didn't  know  anything 
about,  and  then  he  made  this  remaik;— "U'e  are 
tlic  assassinators  of  Die.  J^rrsidenl."  I  was  so  shocked 
that!  did  not  know  what  to  say,  and  I  made 
no  reply.  Lieutenant  Ilu,<.'gles  was  near  by, 
waterin  ;  his  horse,  and  I  called  to  him;  became  there, 
autl  theuBooth  came'*ip  and  Harold  introduced  him; 
after  introducing  himself  Booth  liada  mark  upon  his 
haiul.  I  remember,  J.  W.  B.;  we  went  across  theriver, 
Booih  ridingon  Buggies'  horse,  and  liesaid  he  wanted 
to  )iass  under  the  iiame  ol  Boyd:  we  went  to  a  lady's 
house,  and  1  asked  her  if  shecould  take  in  a  wouDd"ed 
soldier;  she  at  lirst  con.'-eiited,  and  then  said  she  could 
not;  we  then  went  ui>  to  Mr.  Garrett's,  where  we  left 
Booth;  Harold  and  the  rest  of  us  went  on  within  afew 
miles  ot  Bowlin.g  Oreen;  the  ne.xt  day  Harold  re- 
turned towards  Garrett's,  and  that  was  the  last  I  saw 
of  liim  till  alter  he  was  captured. 

y.  D.d  I  understand  you  that  Booth  went  alone  to 
Garrett's?  A.  Nosir;  Buggies,  Booth,  Bainbridge  and 
I  rode  up  to  Garrett's  and  we  lelt  Booth  there  and  Ha- 
rold came  oil  with  us  to  Bowling  Green  and  had  dinner. 

y.  Do  you  know  where  Harold  went  to  from  Bow- 
ling Green  ?  A.  No  sir;  he  lelt  us  the  ne.x.t  day  at  two 
or  three  o'clock. 

y.  Now  when  .vou  saw  him  on  Wednesday  morning 
he  was  in  custody  then?    A.  Yessir. 

Q.  Beiore  he  said  to  you  "we  are  the  assassinators  of 
the  President,"  bad  you  told  him  you  were  in  the  Con- 
federate service?  A.  Why  lie  could  see  that,  because 
we  were  in  Conlederate  uniform. 

( 'ross-o.xamined  by  Mr.  Stone.— Plarold  wanted  you  to 
aid  him  in  going  farther  South?  A.  Yes;  butwehadno 
laciiitii  s  to  aid  him. 

y.  Did  beseem  disappointed?  A.  Yessir. 

Q.  Was  Booth  present  when  you  were  talking  with 
H.rold  about  their  being  the  assassinators  of  the  Presi- 
dent? A.  Not  when  he  iTst  toidme;  heandBainbridge 
came  ui)  after. 

y.  Did  he  seem  to  be  much  agitated?  A.  Yessir. 

y.  Wliat  did  B  loth  say?  A.  He  said  "I  didn't  in- 
tend telling  that." 

y.  But  Harold  did  tell  ?  A.  Yes,  he  had  told  before 
Booth  came  up. 

y.  Can  you  recollect  whether  he  said  that  he  had 
killed  the  President?  A.  No:  he  said,  "We  are  the 
assassinators  of  the  President:'  tlien.a  few  momenta 
alterwardsho  said,  "Yes,  he  is  the  man,  J.  Wilkes 
Booth,  who  killed  the  President." 

By  Jlr.  Aiken.— y.  Have  j'ou  ever  taken  the  oath 
of  allegiauce?  A.  No,  sir;  but  I  am  perfectly  willing 
to  do  so. 

Tostaanony  ILicnt.-Cnlonol  ('.   J.  Cong-ers, 

By  Judge  Holt— y.  State  to  the  Court  whether  you 
an  I  o.hers  were  engaged  in  the  pursuit  of  the  mur- 
derers ol  the  Prtsident.  If  so,  please  take  uii  the 
narrative  at  the  point  where  you  met  the  (.^'onlede- 
rale  soldier  Jeiib.  who  has  given  his  evidence,  and 
state  what  uccin  red  alterwards.  A.  1  found  him  in  a 
room  in  the  hotel  in  Bowling  Creen,  in  bed;  I  expected 
to  liiid  somebody  else;  as  I  went  in  he  began  lo  get  out 
of  bed;  Isaid,  "Is  that  you,  Jebb?"  ho  said,  "  "V'es;"  I 
said,  "Get  up,  I  want  you;"  begot  up,  and  I  told  him 
to  put  on  his  clothes,  and  come  into  the  part  ot  the 
room  where!  was;  I  said  to  him,  "Where  are  the  two 
men  who  came  with  you  across  the  river  at  Port 
Royal?"  there  were  two  men  in  the  room  with  me; 
Jebb  said  tome,  "can  I  sec  you  alone;' I  said  yes, 
and  Lieuts.  Baker  and  Doherty  went  out  of  the  room. 
He  reached  out  his  hand  to  me  and  said,  "I  know  who 
you  want,  and  I  can  tell  you  where  they  are  now;  they;' 


58 


TRIAL   OF   THE   ASSASSINS    AT  WASHINGTOK 


are  on  tbe  road  to  Port  Koyal,  about  three  miles  from 
liere.  at  the  hou-eoC  air.  Ciarrett,  and  if  I  sliow  yon 
where  they  are  now  you  can  ^tt  them;  I  said  "luive 
you  a  liur  e?"  lie  replied  he  liad;  I  told  him  1  had  just 
come  from  there,  and  he  seemed  lor  a  moment  to  he 
considerably  emharrassed;  hesaid  helhou;'l:t  \vecam(^ 
from  Kichmnnd,  l)nt  if  we  had  i-assed  by  Garrett's  he 
could  not  tell  me  wliether  the  men  were  there  or  not;  1 
told  him  it  (lid  iidt  make  any  dillercnee.  we  could  kg 
back  and  see;  he  t;ot  out  his  horse  and  we  started;  just 
before  \vc  got  to  the  house  Jebl>.  who  was  ridin';  wiln 
me,  said  "we  are  near  where  we  go  throuKli 
a  gate,  let  us  stop  here  and  looli  round;" 
I  rode,  In  the  lirst  place,  alone,  to  lind 
the  gale,  about  as  tar  as  I  under  t  hhI  him  to  say 
it  was,  but  did  not.  nee,  any  oprnin',';  there  vva  ■  a  hed'^-e, 
or  rather  a  husli.v  fence  lliat  side  oil  he  rnad;  1  turne  1 
round  and  went  ba?l;,  and  told  him  I  did  not  s(;ei  ny 
gate  i:i  that  direction;  we  then  rede  on  some  three 
hundred  yard^  farther  and  stoi  i"^d  again;  Je!)b  went 
with  Jjieuteiiaut  Buker  and  mvseli'  to  find  llie 
gate;  I  sent  JJputenant  IJalcer  on  to  the  gate 
while  I  went  back  myself  lor  tiie  cavalry;  we 
returned  rapidl.v,  and  a  guard  was  stationed  round  the 
building:  when!  went  to  the  house  I.ientenaul  IJalcer 
was  telling  some  one  to  strike  alight  and  come  out; 
I  think  the  door  was  open  when  I  got  there;  the  first 
individual  I  saw  when  I  gut  there,  waose  name  was 
said  to  have  been  Garrett;  I  sai<l  to  him,  "Where  are 
the  men  wlio  stopiied  at  your  house?''  "Thev  have 
gone."  "Gone  where?"  "Gone  to  the  woods."  "Wher- 
aboutsinthe  woods  have  they  gone?"  he  then  com 
menced  to  tell  me  tlie.t  thvycame  there  without  his 
consent,  and  that  he  did  not  want  them  to  stay:  I  said, 
"I  don't  want  an.v  long  stories  Ircim  you,  I  just  want 
to  know  where  those  men  have  gone?"  he  com- 
menced to  tell  me  overagain  the  s;ime  thing,  ;inil  1 
turned  to  one  of  the  mi'u  and  toM  him  to  bring  me  a 
lariat,  and  threatened  to  hang  the  man  to  a 
locust  tree  because  he  did  not  tell  me  what  he 
knew;  one  of  his  sons  then  came  in  and  said 
don't  hurt  the  old  man,  he  is  scared;  I  will  tell  yon 
where  these  men  are;  I  said  that  is  what  I  want;  he 
8aid  tlie.v  are  in  the  barn,  and  a?soon  as  I  got  there  I 
heard  somebody  walking  about  on  the  1  av;  I  stationed 
men  around  the  b '.rn,  and  Lieutenant  JJakersaidto 
one  of  the  .vouiig  Garritts  (there  had  two  oi  llicm  ap- 
peared by  tills  time)  "yon  must  go  in  the  barn  and  get 
the  arms  Irom  that  man;"  I  think  he  madesomenb- 
jeclion  to  going  in.  and  Baker  said,  "They  know  yai, 
and  you  must  go  in;"  Baker  tlieii  s  lid  to  ilia  men  iu- 
Bide  that  one  of  the  men  with  wiinm  they  had  bf^eii 
Stopping  was  coming  in  to  get  theirarms  and  they  must 
deliver  Ihem  u)"):  fiarntl  wrnt  in,  but  came  out  very 

soon  and  said,  "This  man  sa.vs,  ' yon,  you    luiv'e 

betrayed  me,' and  threatem'd  to  siiootme;"  I  asked 
him  Ihiw  he  kniiw  the  man  was  going  to  slinot  him; 
hesaid,  "  lie  reached  down  in  the  hay  and  got  the  re- 
volvers;" I  directed  Ba  ;er  tlifii  to  toil  the  men  inside 
that  the.v  were  to  come  out  and  d' 'liver  tlii'in  selves  up. 
and  tliat  if  the.v  did  not  in  live  niinutei  we  would  si-t 
tbe  barn  on  lire;  Booth  siiid.  "  Wio  are  you?  what  do 
you  want?"  Lieutenant  Biker  answerel,  "  We  want 
you;  we  know  who  you  are;  irive  up  .your  arms  and 
come  out;  Booth  replied,  "Give  us  a  little  time 
to  ccnsider;"  Baker  said,  "Very  well,"  and  some 
ten  (!r  fifteen  minutes  elapsed.  pr.)bably,  before 
anything  further  was  said,  wlien  I5oi>i  li  again  asked, 
"Who  are  .you?  wliit  do  yon  w  m;  ?"  I  said, 
to  Baker,  do  not  by  any  possible  intimation  or 
remark  let  him  know  who  we  are;  iihecli(ios(>s  to  take 
us  lor  Rebels  or  friends  we  will  Like  advantage  or  it: 
we  will  not  lie  to  him  about  it,  but  we  will  not  answer 
anv  (piestions  on  that  subject;  simp  ,v"  insist  on  hi;  coni- 
ingoutifho  will;  Baker  replied  loBooth,  "It  dout 
makeany  difi'erenco  who  we  are,  we  know  who  you 
are  and  we  want  you:"  Booth  said.  •This  is  h  rd,  be- 
cause it  ma.v  be  I  am  to  be  lak(  n  by  my  friends;"  some 
time  during  the  conversiitnui  Booth  said, 
"Captain,  I  know  you  to  he  a  brave  man.  and  1 
believe  you  to  be  iKuior  ihle;  I  have  git  but  one  leg;  I 
am  a  crip'ile;  if  yon  will  withdraw  .vour  me  i  liii)  yards 
from  the  door  I  will  come  out  and  light  j-ou:'  Lieuten- 
ant B.iker  replied  ."we  did  not  come  here  to  fr.rht.  we 
sinioly  come  iom:ike  youiirisoiu  r  :"  oncea  ter  that  he 
B  dd.  "if  yon  will  lake  your  men  r.o  .vardsfruni  the  door 
I  will  conic  out  and  fight:  give  me  a  chance  for  my 
life:"  there  was  the  same  reply,  and  with  asiivuilarl.v 
theatrical  voice,  Booth  called  out,  "well,  ni.v  brave 
boys,  .vou  may  prejiare  a  stretcher  for  me;"  I  requested 
one  of  the  Garrelts  to  pile  some  pine  boughs  against 
the  barn;  he  soon  cam(>  to  meitiid  said,"ihis'm;in  sii.vsit 
I  put  any  more  brush  uji  there  he  will  put  aba  1  throii'h 
me;''said  L"ver.v  well,. vou  need  not  go  I  here  anymore;" 
Alter  a  while  Booth  said;— "Th'^re  is  a  man  here  who 
wants  to  come  out;"  Lieutenant  Baker  said  "Very 
well:  let,  him  take  his  arms  and  come  out;"  some  talk 
parsed  between  tiiem  in  the  b;irn;   mie  of  the  e,\pres- 

sious  I   heard    Booth    use  to  Harold    was,   "Vou  

coward,  will  you  leave  nie  n<,w?  but  i  o,  go  I  would  not 
have  you  stay  withme;"  further  words  ensued  I  etween 
them,  whicli  I  supposed  bad  re  erencs  to  bring.n,g  out 
the  arms,  which  was  one  of  the  conditions  (m  which 
iHar  dd  was  directed  to  come  out;  what  the  words  we;e 
was  not  heard:  he  came  to  the  doer  and  said,  "Get  mo 
out:"  Juieuleuant  Baker  says  to  liim,  "Handout  your 


arms;"  the  reply  was,  "I  have  none;"  Baker 
said.  "Vou  carried  the  carbine;  you  must  hand 
u  out;"  B.ooth  replied.  "The  arms  are  mine,  I  have  get 
them;"  Baker  said,  "This  man  carried  the  carbine, 
and  must  bring  it  out;"  Booth  said,  "Upon  the  word 
and  honor  of  a  gentleman  tke  arms  are  mine:  I  have 
got  Iht  ni;"  I  told  Baker  to  never  mind  the  arms,  but; 
let  this  man  out;  H:irold  put  out  his  hands,  and  Lieut. 
Baker  took  hold  of  him  and  brought  him  out,  and 
passed  him  to  the  rear;  I  then  went  around  the  barn, 
pul  led  some  straw  out  and  twisted  a  little  rope,  as  big 
as  your  finger,  and  fired  it  and  stuck  it  back;  it  seemed 
to  be  loose,  broken  hay,  that  had  been  taken  up  from 
the  barn  floor;  it  blazed  very  rapidly,  and  lit  up  the 
barn  at  once:  I  looked  through  oiieo'f  the  cracks, and 
just  then  heiird  something  drop  on  tlie  floor,  which  I 
supposed  lobe  Booth's  crutch. 

When  I  first  noticed  him  his  back  was  towards  me; 
he  wai  looking  tow:-;rds  the  front  door;  he  then  came 
back  wit  .ill  live  leet  (if  the  corner  ortlieb;irn;  the  only 
thing  I  noticed  he  had  in  his  hand  whiMi  he  c  ime  was 
a  carbine:  he  laiscd  thecarbiuelo  his  breast  and  looked 
along  tlie  cracks  rapiuly;  he  then  looked  at  the  fire 
and  trom  the  e.xpressien  ot  his  face  I  am  satisfied  he 
loohed  to  see  ii  he  could  put  it  out,  but  he  could  not,  it 
w;:s  b,;rniiis  loo  raiddly;  I  started  to  go  round  to  the 
front  of  the  barn  again,  and  when  I  was  about  half 
around  I  heard  the  report  oi  a  pistol;  I  wenton  around 
to  the  door,  went  in  and  found  Lieutenant  Baker  look- 
ing at  him,  and  rather  holding  or  raising  him  up;  I 
said  he  had  shot  himself;  Baker  said  he'hadnot:  I 
a  deed  where  he  was  shot;  we  raised  him  up  and  the 
blood  ran  out  of  his  wound;  I  then  said  "  Yes,  he  has 
shot  himself.'' 

Lieutenant  Baker  replied  very  earnestly  he  had  not. 
I  said  that  we  must  carry  him  out  or  this  will  soon  bo 
burning  us:  we  took  him  up  and  carried  him  out  on 
the  gras^.  a  httle  way  Irom  the  door  beneath  a  locust 
tree;  I  went  back  into  the  barn  lo  see  if  the  fire  could 
be  put  out  and  returned  to  wlere  he  was  lying;  before 
this  I  supposed  him  to  bi;  dead;  he  liad  all'llie  ap;)ear- 
ances  of  a  de;td  man,  but  when  I  came  back  his  eyes 
and  mouth  were  moving;  I  called  iinmedialel.y  for 
water,  and  init  some  on  his  face;  he  seemed  to  revive 
and  attempted  to  speak:  X  put  m.y  ear  down  to  his 
muuth  and  lieard  him  say,  "Tell  my  mother  I  oicd  for 
m,- coLintrj';"  I  rejie.ited  the  words  to  him  and  said, 
"Is  tnat  wiiat  you  would  sa.v?"  he  said  "Yes;"  they 
carrieo  him  to  the  porch  of  Garrett's  house  and  laid 
him  on  a  straw  bed  or  tick;  at  that  time  he  had  re- 
vived considerably,  and  could  talk  in  a  whi.sperso  as  to 
be  intellisioly  understood. 

He  could  not  speak  above  a  whisper;  he  wanted 
waier;  1  tjave  it  to  him:  he  wanted  to  turn  on  liis  lace; 
Isaidhe  could  not  lie  mi  his  i'Afi!:  he  wanted  to  be 
turned  on  his  side;  we  turned  him  on  ills  side  three 
times,  but  he  could  not  lie  with  any  comlort  and  asked 
immediatel.v  to  be  turned  back:  he  asked  me  to  iiut  my 
build  (jn  his  throat  and  press  down,  whicli  I  did;  he 
said  "harder:"  1  pressed  as  hard  us  i  thought  iieces- 
sar.v:  he  made  a  very  strong  exertion  to  cough,  but 
was  unable  to  do  so:  I  supiosed  be  thomht  there  was 
blond  in  his  throat;  I  asired  him  to  pal  out  his  tongue, 
which  he  did;  I  said,  there  is  no  blood  in  your  throat; 
he  repeated  several  times,  two  or  three  times  at  least. 
"  Kill  nie,  kill  me:''  1  reidied,  "I  do  not  want  to  kill 
,VOu;  I  want  jou  to  get  \v'"li:"  I  then  toolc  what  tilings 
he  had  in  his  pocket  and  tied  them  u|)  in  a  paiier;  I 
had  previously  sent  for  a  physician,  who  came  there 
to  see  him;  he  was  not  then  quite'dead:  he  would  once, 
lerhaps.  ill  five  minutes  gisp;  his  luils-MVouId  almost 
(li(>  (Hit. and  then  there  wo.ild  be  a  sl-.frht  motion  again; 
I  le.t  him,  witli  the  prisoner  Harold,  in  charge  of 
Lieutenant  ilJaker,  saying  tiiat  if  Booth  revived  again 
to  wait  an  hour,  and  if  likely  to  recover  to  send  over 
to  Belle  Plain  for  a  surgeon  from  one  of  the  gun  ships; 
if  not,  to  gel  foe  bc^t  conveyance  he  could  and  bring 
liim  over,  dead  or  alive. 

Q.  You  left  b -fore  bed  ed.  A.  No;  I  stayed  theresonie 
ten  minute  ;  after  that  the  doctor  wno  was  there  said 
he  was  dead. 

Q.  Vou  have  seen  the  dead  body  since?    A.  Yea. 

At  this  point  the  knife,  belt.  cartridge-bo.\.  pistols, 
pocket  compass,  and  carbine,  in  possession  of  Booth 
when  he  was  killed,  were  produced  in  Court,  and  iden- 
tified by  the  witness. 

Q.  Is  that  wliat  is  called  a  Spencer  rifle?  A.  Yes.  It 
isa.Sueiicer  rllle  or  carbine.  It  is  a  cavalry  vj-eapon. 
It  has  that  mark  on  the  breech  of  it. 

Q.  Were  t  hese  arms  loaded?  A.  Yes,  the  pistols  wore 
lo'.ded  when  broirrht  Into  Secretary  Stanton's  (illice;  I 
unloaded  tliis  carbine  myself;  I  did  not  count  tin;  num- 
ber of  balls  I:i  it:  there  wa-i  (me  in  the  barrel  and  the 
chambi'r  was  full;  the  chamber  was  bent;  some  one 
had  tried  to  unload  it  previously,  and  I  was  called  to 
gel  it  out. 

A  spur  and  file  was  al>o  exh'biteil  tothe  witne.ss,and 
he  wa:>  asked  if  he  could  identily  them? 

Witne  IS.— That  file  was  taken  out  of  Booth's  pocket; 
the  spur  is  like  t!ie  one  he  had  on,  but  I  could  not 
identifv  it  as  the  same  simr. 

Witness  then  examined  and  iden'ified  the  bill  ot  ex- 
change found  on  the  person  of  Booth. 

Q.  in  what  State  and  county  did  this  occur?  A.  I 
thiuli  it  is  in  Caroline  county,  State  of  Virginia,  three 


TRIAL   OF  THE   ASSASSINS   AT  WASIIIXGTOV. 


59 


miles  south  of  Port  Koyal,  on  the  road  to  Bowling 
Green. 

Q.  Uo  you  reootjnize  the  prisoner  Harold  as  the  one 
you  took  cui  (if  tlie  barn?    A.  i  do. 

Cj.  Wljat  unir.le-t  did  you  take  irom  Harold,  if  any.' 
A.  1  to(.k  a  litue  [ueco  ot  a  map  of  the  Slate  of  Vir- 
ginia, including  a  ii.irt  of  Ch'sap  /.ike  i).  y. 

Q.  Do  you  roniccnbei-  whether  the  map  embr.iced 
the  pari  of  Virginia  where  they  were'.'  A.  It  did;  it 
covertjd  that  porliou  ol  Virginia  ki.own  a.s  the  North- 
ern Neck. 

Q.  Was  it  a  map  prepared  in  pencil?    A.  No;  it  was 
part  of  an   i  Id  seliuol  niup  ihal  li,.il  been  ori.£,'in:'.ll.v 
ti.x'.eeii  inches  sr;uare  (piitioa  (»l'a  lu/.p  shown  to  wit 
ness;;  yes,  that  is  it;  that  is  tae  01113'  pr.iperty  fjund  on 
him. 

Cross-examined  by  Mr.  Stone.— Q.  Did  you  find  any 
arms  on  Harold'/    A.  Ko. 

Q.  Y(,u  Slated  that  Jiooth  liad  some  conversation  in 
the  barn  I.e. ore  lie  came  oui;  did  you  observe  wliellier 
in  ihat  conversation  Harold  seenietl  willing  to  .surren- 
der hiuisell?  A.  I  do  not  know  anything  about  it, 
c.xceijt  Irom  the  reniaik  i  hive  .'^t.iled  that  Booth 
made;  I  d.d  not  hear  any  part  oi  tlu' conversation. 

Q.  In  Ihat  remark  Booth  spolce  barsnl.%' to  Harold, 
and  called  bim  a  coward,  did  lie  not?    A.  S'es. 

Q.  iLow  long  were  .voii  at  the  barn?  A.  I  think  I 
looked  as  soqii  as  I  conveniently  could  after  we  got  to 
the  barii,an(rft  was  about  two  n  c^ock  ni  llie  morning; 
Booth  was  shot  and  curried  on  the  gra'^s  about  lilteen 
minute ;  I'ast  three,  so  that  \n  e  must  have  remained 
there  aboutan  hour  and  a  quarter. 

Q.  Was  he  carried  almou  immediately  onto  thegrass 
after  he  was  si.ot?    A.  Yes. 

U.  Did  you  hoar  E,)oth  say  anything  else  in  relation 
to  Haroid  than  you  have  stated?    A.  No. 

Q.  Do  you  remember  lieaiiug  hiin  say  that  Harold 
was  not'to  blame?  A.  I  have  an  indistinct  recollec- 
tion ol  sonieihing  ot  mat  kind;  1  will  tell  yon  as  near 
as  i  cjn  what  it  was;  be  sad,  "Here  .s  a  in;.n  wi.o 
'(\-ants  to  come  out,"  and  I  ilunk  he  added,  "  wi.o  bad 
noiuing  to  do  with  it;"  tliat  is  m  near  as  I  can  remem- 
OJr  v.'iiat  lie  said;  alter  that  Harold  came  out. 

15y  Judge  Holt.— Q.  Had  you  seen  J5ootli  previously, 
so  that  you  could  riC0:;iiiZe  iiie  111  n  who  waskiUed  as 
the  same  person?  A.  1  thought  i  c.^uld  reeogni/.e  him 
from  hi  <  resemblance  to  111-!  oi'jtiier;  I  h  id  oi'iea  seen 
bis  brother.  J^dwin  j;ooih,  and  w_s  satisUed  this  was 
the  man,  irom  las  resemb  anee  to  hiui, 

Testitsiony  of  Scrs'05»nt  Boston  C'orbett. 

Kxamined  by  Judge  Holt.— Q.  You  m;:y  state  what 
pan  yo.i  took  111  the  pinsait.  caiiture  and  killing  of 
Booth,  beginning  the  narration  at  t;ie  jjoiiu  Wiien  .\  ou 
arriveil  at  the  liouse.  A.  Wueii  I  arrived  at  ihe  house 
my  superior  oUicer,  Lieutenant  D.  ugnert.v,  told  me 
that  Bootii  was  there  and  directed  me  to  deiiloy  men 
to  the  r.ght  and  Iclt  around  the  building,  and  see  that 
no  one  escapi  d;  by  this  time  iiiQUines  liad  been  made 
at  the  bouse  and  it  was  ascertaim-d  tiuit  Booih  was 
not  in  tlie  house,  but  in  me  Iku'u;  ibe  greater  [art  ot  ti.e 
guard  were  tbenwithdrawu  lioui  the  houseandplaced 
arouudthebarnandordersweregiventoaliownooneto 
escape;  we  had  been  jirevionsly  cautioaed  to  sealhat 
our  arms  were  in  readi.iessior  use;  a.terbeing  ordi  r^'d 
to  surrender  and  tidd  mat  the  barn  would  be  liied 
if  they  did  not,  we  remained  there  lor  some  minutes; 
EoothiiHiuired  who  we  took  bim  lOr;  l.e  .said  bis  leg 
was  broken,  and  what  d.d  wo  want  with  hiui;  be  was 
told  that  it  made  no  dihei'ence  who  we  were;  that  we 
knew  who  thej' were,  and  that  they  must  surrender 
themselves  as  prisoners;  he  wanted  to  know  where 
they  would  be  taken  to  il  they  gave  memse.vei  up;  no 
reply  was  given;  tlie  purlej' la-ted  much  longer  than 
the  "lime  first  stated,  probably,  I  should  taink,  fully 
hall' an  hour,  more  or  less  in  the  course  of  tnat  time 
many  words  passed,  and  Bjotn  p  isiiivel.v  de -lared  he 
would  notsurrendei';  at  one  lime  he  saul,  "Well.m.v 
boys,  you  may  get  a  stretcher  for  m-;'  at  anolner  lime 
he'said,  "  we.l,  C'apiaiu.  makeipaick  woric;  shoot  iiie 
through  the  heart,"  or  words  to  thatelhci.  so  that  I 
kiiewhe  was  per;oetly  desjierate,  and  would  not  sur- 
render, atir  a  while  i  lieard  whispering  tiiere;  Boolh 
had  jireviousl.y  declared  there  was  no  ol.ier  person  in 
there;  tlie  oth(  r  ))erson,  who  provtd  to  be  Harod, 
seemed  to  be  trying  U>  jiersuade  Booth  to  sur- 
render; we  could  nut  hear  tuo  words;  a.ter  a  whiie, 
Booth  sung  out,  "(.'ap.a.u,  there  is  a  man  in 
here  who  wants  to  surrender;  '  words  follow. >d;  I  could 
not  hear  w hat tliej' were;  i'.oot'u  said,  "Uh,  go  out,  and 
saveyour  life;"  he  then  called  out,  "I  declare  bciore 
m.v  IMaier,  this  man  is  innocent  of  aii.v  crime  what- 
ever," or  word.3  to  that  Ciiect;  further  words  followed, 
in  which  Harold  seemed  to  tell  Booth  that  he  would 
not  surrender;  he  was  told  to  lake  his  arms  and  come 
out;  Harold  declared  he  had  no  arms;  Bootli  also  de- 
clared that  this  other  man  was  unarmed;  that  the 
arms  belonged  to  him;  immediately  after  this, 
Harold  having  been  taken  out  with  arms,  detective 
Xiieulenaut-Colonel  Conger  came  over  to  the  side 
where  I  was,  ai.d  directed  the  barn  to  be  fired;  I  had 
been  previoualy  standing  beiore  a  crack  in  the  boards, 
large  enough  10  put  in  vour  hand;  I  knew  that  Booth 
could  see  us  and  could  have  picked  us  off.  and  he,  in 
fact,  once  made  the  remark,  "i  could  have  picked 
three  or  lour  of  your  meu  ofl',"  "just  draw  your  men  oil 


fifty  yards  and  I  will  come  out;"  he  used  such  words 
many  times;  when  the  oro  wa  .  li^btca,  whicawasa- 
most  immedia.ely  afier  Harold  had  been  taken  out  oi 
t  e  barn,  I  cou.il  then  seo  him  disiincll.v  in  about  the 
middle  oi  the  barn;  he  starled  at  lirst  inwards  i.ie,  and 
I  bad  a  lull  irontdn  ss  view  01  him;  I  could  have  shot 
him  much  easier  ihan  at  the  time  I  did.  but  us  long  as 
he  made  no  demonstration  I  did  not  shoot  him;  1  ki  pt 
my  eye  en  liini  steadily;  he  turned  towards  the  other 
side;  he  l.r,  ught  1  ii  piece  up  to  an  aim.  and  1  suppo.-ed 
was  going  to  fight  h.s  way  out;  I  tliougl.t  the  time  had 
cime,  and  1  took  asteady  aim  upon  hi'm  and  shot  hini; 
tauball  entered  his  head  a  little  back  ol  the  ear  and 
can, eoula  little  highir  ou  the  othersideof  the  head, 
be  l.ved.  1  think,  uiit.l  about  seven  o'clock  that  morn- 
ing, peruaps  two  or  three  hoursailer  lie  was  sliol;  I  did 
noi  bear  him  speak  alter  he  was  shot,  except  to  cry 
out  wbeahe  was  shot;  Others  staled  that  he  did  ulter 
words  alter  that,  hut  I  did  not  hear  any  after  I  shot 
liiiii. 

Q.  State  whether  you  recognize  the  prisoner  Harold 
as  the  m.m  you  took  out  ot  tne  barn?  A.  Yes,  that  is 
the  man. 

Q.  Dd  you  know  Boolh  before?  A.  No;  but  I  was 
perfectly  satisfied  Irom  tae  first,  when  Booth  said  his 
leg  Was  bioken.  and  abo  from  his  desperate  refilies 
that  be  would  not  he  taken  alive,  that  he  was  the  man; 
1  knew  iiu  oiher  man  would  act  in  such  a  way. 

Cress-examined  by  Mr,  Stone.— Q.  You  say  that  yoa 
judged  fiom  Ihe  c  aivc  r.-ation  between  Booth  and 
Harold  in  the  ba  n  that  Booth  was  anxious  to  surren- 
der?   A.  I  rather  thought  so. 

U.  Bit  tbataiter  Booth  refused  to  surrender,  Harold 
seemed  to  speak  as  if  he  des.red  lo  stay  with  him?  A. 
Yes. 

(J.  And  it  was  after  that  that  Booth  made  his  decla- 
ration? A.  Ye.-;  be  declared  be. ore  his  ISIaker  that 
the  man  with  him  was  innocent  of  any  crime;  I 
also  wish  to  stale,  with  permi--sion  of  the  (.lourt,  .13 
improiier  motivts  have  bee-a  attributed  to  rae,  that  I 
oiiercd  twice  tei  l.ieuteiiant-Colonel  Con.ger  and 
Bieuteiiant  Baker  to  go  into  the  barn  and  take 
these  men.  lel  ing  them  that  I  had  rather  go 
in  than  stand  there  beiore  the  craek  exposed 
to  his  hre;  I  tuougbt  it  was  h;ss  dangerou^  for  while  I 
could  not  see  tbeiii  they  could  see  us;  I  d;u  jiotfiretlie 
ball  jr.  Ill  lear.  but  because  1  was  under  the  iiniiression 
at  the  tJiie  Ilia:  he  bad  starti  d  to  the  door  to  ligiit  his 
wtiy  through  and  that  I  tuought  he  would  do  harm  to 
our  men  if  I  d.d  not. 

'B'fStiBiJOBjy  of  JTotin  Fletelier. 

Examined  by  Judge  Holt.— CI.  State  your  business? 
A.  i  am  the  .oreman  ot  the  Naylor's  livery  stable. 

Q.  Do  you  know  the  iirisoner  Atzeroth?"A.  Y'es. 

Cj.  State  wlietheror  not  you  seen  him  abouttbe  third 
of  April  last '"  A.  Yes;  be  came  to  the  stable  at  that 
lime,  between  six  and  seven  o'clock,  with  another 
gentleman  and  two  horses;  tbey  said  they 
wanted  to  p.it  up  ,lheir  horses  there;  I  orderc<l 
their  horses  down  into  the  stable;  the  other  gentle- 
man who  was  Willi  Alzeroth,  told  me  he  was  going 
10  I'hiladelphii,  and  that  he  would  leave  these 
horses  in  Aizeroth's  care  to  sell;  I  have  never 
seen  tiiat  man  sinee  we  kejit  the  horses  at  the  stable, 
and  sold  one  ot  iiiem  to  a  Mr.  Thompson,  a  stagecon- 
traclor.  We  kept  the  brown  horse  at  the  stable  until 
tue  I'iih  of  till!  month,  when  Alzeroth  look  him  away 
1  didn't  see  him  again  untd  one  o  cloci;  on  the  14th  o* 
Aiuii;  he  came  in  then  with  a  dark  ba.v  mare;  If 
asked  him  what  he  had  done  with  the  roan  horse;  he 
said  be  sold  him  in  Montgomery  count.v,  and  that  he 
had  bought  this  mare,  saddle  and  bridle;  he  wished 
me  to  i-ei  the  mare,  which  1  ilid. 

(.>.  .state  the  character  of  the  horsehe  said  he  had 
Si  Id;  wasoueeyeb  inil?  A  Y'es;  he  v,  as  a  very  heavy 
c.-iiiimon  work  hor.e,  blind  in  one  eye;  .i  dark  brown 
horse;  heavy  tail  and  mane;  very  heavy  leet;  J  went  to 
supper  at  (i  2  o'clock  on  the  lllh,  and  when  I  came 
back,  the  colored  boys  had  the  mare  saddled  and  bri- 
dled; he  paid  the  'colored  bo.v  fifty  ccuts  for  the 
kecjiing;  and  said  "Was  tnat  right?"  I  said  "Y'es;"  he 
asked  how  iiiiich  I  would  ciiargeii  he  stayed  till  morn- 
ing; 1  s:'.id  lift.v  cents  more;  hewentoutand  sta.yed 
three-quarters  of  an  hour,  and  returned  with  thesaiue 
mare;  he  told  me  not  to  take  the  saddle  and  bridle  olF 
the  mare,  and  a-ked  i.' I  could  keeii  the  stable  open 
lor  him  till  ten  o'clock;  I  told  him  yes,  I  should  bo 
there  myself;  at  ten  o'clock  hecamea'ter  the  mare;  he 
asked  me  if  I  would  haveadnnk  with  him;  I  told 
liini  I  had  no  obiection;  we  went  down  to  the  Union 
Hot  el,  corner  of  Thirteen-and-a-half  street  and  E  street, 
and  took  a  drink;  we  returned  to  the  stable,  aiuluesaid 
to  me,  'If  this  thing  happens  to-nighl  you  will  hear  of 
a  present."  It  seemed  10  me  he  was  about  half  tight, 
and  1  paid  no  attention  to  him;  he  mounied  the  mare; 
I  remarked  that  I  would  notlikeio  ridolhat  mare. that 
she  looked  too  skittish  like;  he  said  she  is  good  upon  a 
retreat;  1  spoke  to  him  of  the  other  m;in,  meaning  Ha- 
rold, staying  out  very  late  with  the  other  horse;  oh!  he 
spys.he  will  be  back  after  awhile;  I  watched  him  until  he 
went  down  Est.,  past  Thirteen-and-a-half  st.. and  Ifoi- 
lowed  him  down  until  I  saw  him  ,go  into  the  Kirkwood 
House;  I  watched  him  until  he  came  out.  mounted  the 
mare  again,  went  alou,g  D  street,  and  turned  up  Tenth. 
when  I  returned  to  the  stable  again;  X  did  not  go  to  the 


60 


TRIAL   OF   THE   ASSASSINS   AT  WASHINGTON. 


office:  I  was  tliink'n?  nhout  Iiis  living  so  far  ofT,  and  cf 
the  horse  llarolil  IkuI;  I  liad  sli  picions  lliat  liu  was  n-.t 
going  to  bring  tlio  hcjr^e  back;  1  wont  across  K.s;rec'- 
a-;ain.  and  went  up  Fonrl tenth  street  and  came  on 
I'enn  yivania  avenue  again,  towards  Willard's;  I 
saw  Ilarola  ridin  ;  tlie  hoise;  t  liailed  him:  tlie  horse 
was  ."ning  towr.id'^  tlie  stable:  I  started  towards  Iiim 
to  tal^etho  horse  ironi  liim:  I  suspect  t'.iat  he  saw  nio 
by  the  gaslight  and  knew  m_'.  lor  lie  began  t  >m(jvellie 
horse  away  n  little:  I  said  "You  get  otT  tlK.t  horse 
DOW,  you  have  liad  tliat  liorse  long  enourrh:"  lie  put 
spurs  into  the  liurse  and  went  op  I'nurleenrli  s'reet; 
I  kept  sight  of  him  unt  1  he  had  gone  up  Kourteenth 
street  as  lar  as  F  street;  I  then  returned  to  the 
stab.e  and  sad'iled  a  horse  ibr  myself;  I  went 
along  tlie  avenue,  p'lssed  down  K  street,  and 
turned  down  Isiuth  to  Pennsylvaira  avenue  again; 
1  went  along  the  avenue,  and  liast  the  south  side  oft  lie 
Cnpitol;  I  met  a  geirlleman  coming  down,  and  asked 
bim  did  he  see  any  man  riding  on  horseback;  he  told 
meyes,  he  saw  two;  that  tliey  were  going  very  last;  I 
lollowcd  on  till  I  came  to  the  Navy  Yard  Br'd!.'e:  the 
guard  there  halteil  m(>  and  called  i'or  the  Sergeant  of 
the  guard:  I  asked  him  if  th  s  man  had  passed,  giving 
a  description  of  the  man,  liorse,  saddle,  and  bride; 
he  said  \es,  he  had  gone  across  the  bridge,  that  he 
waited  a"  little  i'or  an  acquaintance,  but  al"ler  a  while 
■went  on;  that  another  one  came  up  riding  a  bay  horse: 
I  asked  him  if  the  lirst  one  gave  his  name,  "he  said 
yes.  Smith;  I  asked  the  Sergeant  if  I  con  d  cross  tlie 
bridge;  he  said  yes,  bat  X  could  nut  get  back;  I  said  I 
would  not  go  over  so,  and  I  turned  round  and  came 
back  to  the  city  again  ;  I  looked  at  my  watch  when  I 
had  got  baclv  to  Third  street,  and  it  was  ten  minutes 
past  12;  I  roderaiiidly  down  to  the  bridge,  but  s'.owly 
back;  when  1  got  to  thestaliletlie  loreman  told  me  the 
President  was  shot;  I  put  up  the  horse  and  sat  down 
outside  the  cflice;  it  was  then  l  o'clock;  I  heard  peop  e 
passing  on  the  sidewalk  say  that  it  was  a  man  who 
rode  olf  on  horseback  that  sliot  President  Lincoln  ;  X 
went  across  i:  street  to  Fourteemh.  and  a5k"d  a  ser- 
geant if  they  picked  up  any  horse:  he  told  me  he  had 
jiicked  up  some  horse,  and  that  X  could  go  do.vn  to  tie 
pohcestation  on  Tenlli  street:  X  wiMit  tiiero  and  saw  a 
detective  by  the  name  of  Charley  S  one,  who  told  me 
that  some  horse  had  been  taken  up  and  takentoCieneral 
Augur's  IXead-quarlers;  we  wont  along  together  up  to 
General  Augur's  o'.hce;  I  gave  General  Augur  Harold  s 
description  and  age  as  far  as  X  could:  X  tcl.l  him  X  had 
pur  uel  IXaro'.d  to  the  Kavy  Yard  bridge;  a  saddle  and 
bridle  were  lying  quitec  ose  to  his  desk,  which  X  re- 
cognized as  the  saddle  and  briiVe  Atzeroth  liad  on  the 
horse  he  said  he  had  sold;  he  a.sked  me  what  kind  of  a 
horse  he  had;  X  described  hinias  a  iiig  brown  liorse, 
blind  in  one  eye:  X  dill  not  rernerab  rtiie  man's  name 
then;  Iliad  bis  iianje in  the  otiiee:  heseiit  the  dvlociive, 
Charley  stone,  down  to  the  ofiice,  who  brouglit  up  the 
name  ami  gave  it  to  the  General. 

A  saddle  and  biidleweie  here  brought  into  Court, 
which  were  identilied  by  the  witness  as  those  he  recog- 
nized at  General  Augur's  office. 

Q.  X)id  he  call  at  10  o'clock  precisely?  A.  Yes. 

Q.  Did  he  speak  about  anything  wondeilnl  that 
night?  A.  Xle  said  il'this  thing  happened  X  would  hear 
of  a  ))re«pnt. 

Q.  XIad  he  been  talking  to  you  of  anvtliing  before? 
A.  No;  but  beseemed  to  be  ver.v  much  e.xcited. 

Q.  'When  you  let  tbecity  was  he  going  up  Tenth 
Street  towards  X'ord's  Theatre?    A.  Yes. 

Q.  You  spoke  of  IXarold's  li.iving  a  horse  from  your 
stables?  A.  Yes:  he  hired  him  on  the  Mth.aliouta 
quarter  to  ten  o'clock,  and  said  he  would  bea.terhim 
at  (our  o'clock;  he  came  alter  the  hor.seit  a  (juartcr 
past  four  o'clock;  he  asked  me  how  much  X  would 
charge  lor  the  hire  of  the  horse;  X  told  him  if<;  he 
wanted  him  l'or:?4:  I  told  him  lie  could  not  have  it  lor 
that;  he  kn;nv  this  hcroe  and  inquired  lor  this  particu- 
lar one;  1  inld  liitu  he  miglit  take  a  mare  in  the  .si'ahle. 
but  hesaid  he  would  nit  take  l.er;  he  wanted  to  see  the 
saddle  and  bridle;  X  showed  hiui  the  saddle;  In'  said  ii 
was  too  small:  I  gave  him  another  saddle;  that  did  not 
suit  him;  they  were  not  the  kind  oistirrnps  he  w.uited; 
the.v  were  covered  with  leather;  he  wanted  Kn.ghsh 
steel  stirrups;  he  wanted  to  see  ihe  bridles,  anil  I  to:  k 
him  into  the  o. lice  anil  he  iiicked  out  a  d  ai^ile-reined 
bridle:  be. ore  he  mounted  tlie  horse  he  aske  I  me  how 
latehecould  slay  out;  X  told  him  he  could  notstay 
later  than  M  or  l)  o  clock  at  the  furthest. 

Q.  At  what  hourdid.yon  see  JXaroldridingthat  n'ght? 
A.  About  half  past  ten  o'clock:  he  was  ciussing  down 
from  towards  the  Treasury  on  the  Avenue;  X  met  him 
along  by  Willard's.-  as  he  was  jiassing  X'ourteenth 
Street:  w  hen  I  spoke  to  him  he  rode  off  rajiidl.v. 

Q.  Did  he  have  a  last  horse?  A.  Not  very  fast:  he 
■wa-s  a  ladies' horse;  any  one  could  ride  him;  he  was 
gentle  and  sure. 

Q.  Did  lie  trot  or  pace?    A.  lie  had  a  single  rack. 

Q.  Did  he  make  any  reply  when  you  called  him?  A. 
Kot  the  slightest. 

Q.  You  had  not  then  heard  of  the  President's  assassi- 
nation?   A.  Not  a  word. 

Q.  Have  you  seen  the  horse  Harold  rode  since  that 
time?    A.  I  have  not. 

Q.  Did  you  see  a  saddle  and  bridleatGenera!  Augur's 
on  the  iiiu'ht  of  the  inh?  A.  Yes,  at  two  o'clock  that 
night  I  did. 


Q.  Have  yon  seen  t'^a*^  nne-eved  horse  since?  A.  >'o. 

Cross-examined  by  Mr.  Stone.— Q.  At  the  lims 
IXarold  uk  u  lo  jew  you  down  in  price  wa"  it  when  ne 
called  at  one  or  lour  o'clock?  A.  When  he  engaged  the 
horse  at  one  o  clock. 

(.J.  V\  hen  you  saw  him  again  at  Willard's  did  the 
horse  seem  to  be  tired?  A.  Not  very;  he  seemed  to 
kind  t)  want  to  come  to  the  stable. 

U.  IXow  near  were  you  to  him  when  you  first  saw 
hioi?  A.  N:..t  liiteen  yards;  he  was  letting  thehirse 
go  slow,  then,  as  ifto  bring  him  up  standing. 

Q.  Did  .vou  Ci.U  him  b.v  name?  A.  I  did  not;  it  was 
then  about  iweiity-five  iiiinutcs  past  ten  o'clock. 

Q.  Are  you  satisiieii  it  was  the  same  man  now  in  the 
bo.x?  (pointing  to  IXarold.)  A.  Yes,  very  well  satis- 
lied. 

Q.  'Were  you  acquainted  with  him  before?  A.  The 
way  I  got  acquainted  with  Harold  was  his  coming  to 
tlie  stable,  about  lhe.5;ii  or  (i,h  of  April,  and  inquiring 
:or  Atzerotli;  lie  did  not  give  his  name,  but  inquired 
or  thegenileman  who  kept  his  hor-e  in  a  part.cuhir 
stable:  1  saw  him  nearly  every  day  until  the  V2ih, 
coming  there  for  Atzeroth,  and  sometimes  riding  with 
hiin. 

Q.  Did  you  notice  the  horse  or  man  particularly,  or 
both?    A.  X  noticed  the  horse  and  man  both. 

U.  What  time  ill  the  evening  of  the  Hthof  April  was 
It  that  Atzeroth  cameio  yoursiable?  ^fcle  le.t  there 
at  7  o'clock  and  came  back  at  quarter  IW  o'clock  ;  tlie 
last  time  he  came  there  was  at  10  o'clock  :  we  went  to 
the  hotel,  as  X  said,  and  took  a  drink,  and  it  must  have 
been  ten  minutes  he,'ore  he  le.t:tlie  X'nion  House  is 
about  luj  yards  distant  Irom  the  stable, as  fara.s  X  could 
judge. 

Q.  You  took  a  drink  with  Atzeroth;  did  he  seem  as 
tho.igh  he  had  taken  a  good  man.v  more?    A.  Yes. 

Q.  What  did  you  understand  by" theremark  he  made, 
you  would  hear  o;  a  present?  A.  X  did  not  pay  much 
attention  lo  that  remark. 

Q.  What  made  you  follow  Atzeroth  that  night?  A. 
On  account  of  his  acquaintance  with  Harold,  who  had 
rode  away  one  of  my  horses. 

Q.  Did  you  sup])ose  Atzeroth  was  going  where  H.arold 
was?  A.  Isuppo:5edhe  lived  so  far  away  that  he  was 
nut  going  home:  I  knew  that  he  lived  down  at  T.  B..  in 
Maryland;  X  lollowed  him  for  the  purpose  of  finding 
Harold. 

Cj.  Were  you  called  on  to  identify  a  horse  at  General 
Augur's  stable?    A.  No. 

U.  What  did  Harold  tell  you  when  he  engaged  the 
horse  on  the  Mth?  A.  He  told  me  he  wanted  to  go 
rilling  with  a  lady;  I  did  not  ask  him  with  whom,  and 
he  did  not  tell  me. 

Q.  How  long  was  Atzeroth  in  the  KirkwooJ  House 
on  the  night  oi'  the  HI h  before  .vou  saw  him  come  out? 
A.  He  did  not  stop  there  more  than  five  minutes;  X  waa 
watching  the  horse  outside. 

U.  If  you  lollowcd  him  on  foot,  how  did  you  manage 
to  keep  up  with  him?  A.  He  started  away  liom  the 
stable  rapidly,  but  soon  afler  rode  siowlyand  X  could 
kee|)  ui)  witli  him;  X  re.iclii  d  the  Kirkwood  House  just 
a'ter  he  dismounted  irom  the  mare;  the  Kirkwood 
House  ii  distant  Irom  tlie  stab.e  about  two  Souares. 

Q.  Did  you  keep  up  with  At;'.eroth  alterwards?  A. 
No,  I  kept  in  sight  ol  him;  he  rode  uwa.v  in  a  walk. 

U.  Hiiw  lar  did  you  khIow  him?  A.  I  just  kept  in 
sight  until  he  turned  into  Tenth  street,  and  1  never 
saw  him  again  until  to-day. 

The  witness,  by  direction  of  the  court,  was  sent  t9 
the  stable  lor  the  pypose  of  identiiyiag  the  blind 
horse  relerred  to  in  his  testimony. 

Tcstiiiiosiy  of.Fohii  ^rccnawalt. 

Q.  State  whether  or  not  you  are  the  keeper  of  the 
Penn-y,vania  House  in  this  city?    A.  I  am. 

Q.  Are  you  acquainted  with  the  prisoner,  Atzeroth  ? 
A.  1  am. 

Q.  Were  you  not  .acquainted  with  J.  Wilkes  Booth? 
A.  X  was  not  well  acquainted  with  him;  he  came  to 
the  house.  (A  jiliotogr.iph  was  exhibited  to  thewit- 
iiess  wliich  he  recignized  as  that  ot  Booth.) 

Q.  State  whether  or  not  l  lie  man  Booth  had  frequent 
interviews  willi  At/.i-rothat  the  Pennsylvania  House? 
A.  He  bad;  At;-erofh  would  generally  sit  in  tiic  sit  ling 
room,  and  Bno  h  would  walk  into  the  hall  and  then 
out  again,  lollowed  oy  Atzeroth;  Booth  seldom  entered 
the  room;  they  had  interviews  in  front  ol  my  house, 
and  the.v  Would  o  ten  walk  off  as  lar  as  the  livery  sta- 
ble, where  their  conversation  would  take  iilaoe. 

U.  Did  you  at  any  time  hear  the  prisoner  A'zeroth 
speak  of  e.\pecting  lo  have  pleiit.v  ol  gold  soon?  Ii'  so, 
state  what  .vou  heard.  A  He  and  some  other  young 
men  whomlie  me  came  into  my  house.  He  had  been 
drinking,  and  said,  "CUvenawalt,  I  am  pretty  near 
broke,  though  1  have  friends  enough  to  give  me  as 
nineh  money  as  wui  kee;)  me  all  my  life.  X  am  going 
tiway  one  ofthese  days,  but  I  will  return  with  as  much 
go  d  as  will  keep  nieall  my  liletime." 

I).  When  wa-.  it  he  made  tlial  declaration?  A.  I 
think  it  was  about  ihe  f.r  u  (  f  April.  Ho  came  to  my 
hi  use,  1  think,  on  the  ISth  of  March  last. 

Q.  Stale  how  long  before  the  assassination  he  left 
your  house.  A.  X  think  it  was  on  the  previous  Wed- 
n  sdav  morning. 

U.  Had  he  any  hagg.tge  witli  him?    A.  No  sir. 

U.  State  when  you  next  saw  him?    A.  1  ueit  saw 


TRIAL   OF   THE   ASSASSINS   AT  WASHIXGTOX. 


Gl 


Q.  Could 
clothing  w. 
narily  won  ., 
I  guess  tliey 


him  on  Saturday  morning,  the  15th  of  April,  between 
two  and  three  oclock. 

Q.  Did  he  come  iiitn  your  house,  and  ask  for  a  room 
at  that  hour?  A.  I  had  just  come  into  the  house,  and 
gone  to  my  room,  wlien  a  servant  came  to  get  chancre 
lor  a  five  dollar  hill,  and  told  me  there  was  a  man  by 
the  name  of  Atzerotli  down  stairs  who  wanted  lodging; 
I  went  down,  and  found  Atzeroth  and  another  man 
there. 

Q.  Did  the  two  men  take  a  room  together?  A.  Yes 
sir;  Atzeroth  asked  for  his  old  room;  I  told  him  it  was 
occupied,  and  that  he  would  have  to  mom  with  the 
other  gentleman,  whom  I  requested  to  go  to  liis 
room  with  the  servant;  Atzeroth  was  going  to  follow 
him,  and  I  said  "Atzerotli.  you  have  not  registered;" 
he  said,  "Do  j'ou  want  my  name?"  and  appeared  to 
hesitate;  he  tinallj'  went  back  and  Registered  his 
name.  • 

Q.  Will  5'ou  describe  the  appearance  of  the  man  who 
Was  with  him?  A.  lie  was  a  man  abi.ut  live  feet 
seven  and  a  half  or  eight  inches  in  height,  and  about 
one  hundred  and  ninety  pounds  weight;  of  a  dark, 
■weather-beaten  complexion,  and  dressed  poorly,  his 
pants  being  vv'orn  through. 

Q.  Had  he  the  appearance  of  a  laboring  man?  A. 
Yes  sir. 

gu  express  an  opinion  as  to  whether    the 
him  were  such  as  he  probably  ordi- 
vere  assumed  by  him  as  a  disguise?    A. 
?re  more  of  a    disguise;  he   liad  on  a 
broadcloth  coat  which  had  been  much  worn:  his  whole 
appearance  was  shabby. 

Q.  What  name  did  he  give?  A.  I  believe  it  was  Sam 
Thomas. 

a.  What  became  of  him?  A.  He  got  up,  I  believe, 
about  tive  o'clock  the  next  morning,  and  lelt  the 
house;  a  lady  stopping  at  the  house  desired  to  leave  in 
the  6'15  train,  and  I  gave  orders  to  a  servant  to  that 
effect;  she  lelt  bel'ore  I  got  up,  and  as  she  was  going 
out  of  the  door  this  man  Thomas  went  out  and  asked 
the  way  to  the  railroad;    he  had  no  baggage. 

Q.  Did  Atzeroth  remain?  A.  He  lelt  shortly  after- 
wards, making  towards  Sixth  street  westward ly. 

Q.  How  long  alterwards?  A.  When  the  servant  was 
returning  he  met  Atzeroth  ana  said  to  him,  ••  .itzeroih, 
what  brings  .vou  out  so  early  in  the  morning?"  "Well," 
said  he,  '•  i  have  business." 

Q.  Had  he  paid  his  bill?  A.  No  sir;  I  did  not  see  him 
again. 

Q.  Do  you  recognize  him  among  these  prisoners?  A. 
I  do. 

Q.  Did  you  observe  any  thing  unusual  in  the  conduct 
of  these  men  when  they  Hrstcame?  A.  Nosir;  the  man 
Thomas  stared  at  me  somewhat;  he  kept  a  close  eye 
upon  me. 

Q.  Did  they  have  any  conversation  in  your  presence? 
A.  No  sir. 

Ci.  Which  of  them  asked  for  a  room?  A.  Thomas 
asked  for  a  room  for  hiniselt;  as  I  came  in  Atzeroth 
was  lying  on  a  settee  and  Thomas  standing  at  the 
counter. 

Q.  Do  you  know  the  prisoner  O'Laughlin?  A.  No  sir. 

Q.  Did  Thomas  make  any  remark  to  5"0U?  A.  All  he 
said  to  me  was  that  lie  was  a  i>oor  writer. 

Q.  Were  either  of  the  parties  armed?  A.  I  did  not 
notice;  I  heard  It  saiil  that  Atzeroth  liada  knlle. 

Q.  Had  Atzeroth  on  any  previous  occasion  hesitated 
to  enter  his  name  on  the  register  ?    A.  No,  sir. 

Q.  Did  you  ever  see  him  armed?  A.  In  March.  I 
'  think,  it  must  have  been,  I  saw  him  have  a  revolver, 
which  ho  hud  just  bought;  he  came  in  there  and  made 
the  remark  that  he  had  just  bought  it;  I  told  him  1 
wished  I  had  known  that  ho  was  going  to  buy  such  an 
article,  as  I  had  a  small  oue  which  I  would  have  sold 
to  him. 

Q.  Do  j'ou  think  you  would  recognize  the  revolver 
which  was  in  his  possession?    A.  I  think  I  would. 

A  revolver  was  then  exhibited  to  the  witness  which 
he  described  as  bci^ig  somewhat  similar  to  the  one 
shown  him  by  Atzeroth,  though  he  could  not  saj'  that 
it  was  the  same  one. 

Cross-examined  by  Mr.  Dosler:— Q.  State  on  what 
day  be:ore  the  Hih  uf  April  Atzeroth  left  your  house? 
A.  It  was  on  the  iLlth  I  think. 

Q.  How  long  did  he  stay  at  your  house  on  that  occa- 
sion? A.  From  the  isth  of  March  until  the  12th  of 
April;  during  that  time  he  was  away  but  once,  when 
he  stayed  one  one  niglit;  he  told  me  he  had  gone  to  the 
country  with  a  man  by  the  name  of  Bailey. 

Q.  What  were  the  arms  which  .vou  have  stated  that 
you  saw  in  the  possession  of  Atzeroth?  A.  A  large  re- 
volver, something  similar  to  that  one;  other  persons 
say  that  he  had  a  knife,  but  I  never  saw  him  with  one. 

In  reply  to  several  other  questions  the  witness 
stated  that  he  did  not  remember  having  made  or  hav- 
ing heard  an.v  remark  preliminary  to  that  of  Atzeroth 
with  resjject  to  his  e.xpectationof  having  gold  or  silver 
enough  to  keep  him  all  his  lile;  the  man  Thomas,  who 
came  to  the  hotel  on  the  morning  of  the  loth  witli 
Atzeroth,did  not  seem  to  be  intimate  witli  thei)risoner, 
though  he  judged  tliem  to  be  acquaintances;  Atzert:th 
did  not  reiuse  to  i  ut  his  name  on  the  register,  nor  did 
he  say  that  he  would  not  like  to  do  it;  he  did  not  seem 
sleep.v  or  in  liquor. 

The  witness  having  been  asked  if  he  could  identify 
the  man  Thomas  from  among  the  prisoners  at  the  bar. 


pointed  out  the  prisoner  Spangler,  as  having  some 
!  resemblance  to  that  person.  'I'homas,  liowever,  had  a 
;  moustache  which  the  prisoner  had  not,  and  his  hair 
was  longer  and  his  complexion  darker.  The  witness 
stated  that  he  did  not  see  Atzeroth  and  his  companion 
enter  the  house,  and  therefore  could  not  tell  whether 
they  entered  together. 

Cross-examined  by  Mr.  Ewing.— Q.  What  induced 
you  to  suppose  that  they  came  in  together?  A.  Mj' 
servant  told  me  so. 

Q.  What  kind  of  a  moustache  had  tlie  man  whom 
you  say  the  prisoner  resembles?  A.  It  was  black;  he 
had  whiskers  in  Iront,  and  wore  a  dark,  slouch  hat. 

By  Judge  Advocate.— ti.  I  understand  you  to  say 
you  are  certain  that  yon  did  not  see  the  prisoner, 
O'Laughlin.  at  your  house?  A.  I  did  not:  I  do  not 
know  the  man. 

CJ.  Did  the  hair  or  moustache  of  the  man  Thomas 
appear  to  be  dyed?    A.  No  sir. 

U,.  JJid  not  Atzeroth  object  to  this  stranger  coming 
into  his  room?    A.  Nosir. 

Q.  Hesimjily  assented  to  it  when  you  told  him  there 
was  no  other  room?  A.  Yes  sir;  I  told  him  he  would 
have  to  go  with  the  man  Thomas 

B.v  the  Court.— Q.  Do  you  know  whether  they  got  up 
at  the  same  time  in  the  morning?    A.  I  do  not. 

Q.  Did  they  occup.v  the  same  bed?    A.  Nosir. 

Q.  Wh.at  day  did  Atzeroth  leave  your  house  before 
themurdei?  A.  On  Wednesday,  I  think  it  was;  he 
said  to  me  then,  "Creenawalt,  I  owe  you  a  couple  ot 
d.a.'i's'  board;  would  it  make  any  dillerence  to  you 
whether  I  jiay  you  now  or  when  I  come  back;"  he 
adtled  that  it  wouid  be  more  convenient  lor  him  to  pay 
when  he  came  back;  he  allowed  he  was  going  to  Mont- 
gomery count.v. 

Q.  Do  you  know  the  prisoner  with  the  black  mou- 
stache (O'Laughlin)?    A,  I  do  not. 

U.  Do  you  recognize  the  lace  of  the  man  Thomas 
among  those  of  the  prisoners  at  the  bar?  A.  1  cannot 
positively. 

Testimony  of  John  F.  Coyle. 

Q.  Are  you  one  of  the  proprietors  of  the  Nationalln- 
tcUiiiCiiccrf    A.  Yes  sir. 

U.  State  to  the  Court  whether  you  were  acquainted 
with  J.  Wilkes  Booth  during  his  life  time?  A.  I  knew 
him. 

14.  Did  you  know  him  intimately?    A.  Not  at  all. 

Q.  J.  Wilkes  Booth,  before  he  died,  made  this  state- 
ment; that  on  tiie  niglit  beiore  the  assassination  ot  the 
President,  he  wrote  along  article  and  lelt  it  witii  one 
ot  U\iHi(i\lovs  oi  Ihe  Ndionat  JnteUigcncer,  m  which  he 
lully  set  lorth  his  reasons  for  his  crime;  will  you  state 
whether  such  a  paper  was  received?  A.  I  never  heard 
of  any  such  paiier. 

Q.  Are  you  quite  certain  that  no  such  paper  was 
ever  received  at  the  olhce?  A.  Not  that  I  ever  heard  of. 

Xestiaiony  of  HezeUiah  Metts. 

By  Judge  Holt.— Q.  Where  do  you  reside?  A.  In 
Montgomery  county,  Maryland. 

CJ.  State  whether  you  ever  met  the  prisoner,  Atze- 
roth. and  if  so,  where  and  under  what  circumstances  ? 
A.  1  recognize  the  prisoner  at  the  bar;  on  the  Sunday 
alter  tiie  tleath  ot  l\lr.  Lincoln  he  was  at  my  house  and 
ate  his  dinner  there;  he  was  just  from  Washlngtoa 
and  was  inquiring  about  the  news;  some  conversation 
took  place  about  General  Grant  having  been  shot  and 
we  understood  that  he  had  been  shot  in  the  cars;  he 
then  said  mat  ''if  the  man  that  v,"as  to  have  followed 
him,  had  lolhjwed  him,  it  would  have  been  done;"  I 
so  understood  liim. 

Q.  Did  bespeak  ol'theassassination  of  the  President? 
A.  Not  that  I  recollect;  1  have  no  recollection  of  any- 
thing lurther. 

U.  JIow  lar  is  your  residence  from  Washington?  A. 
About  twenty-two  miles. 

C>.  Did  he  "represent  himself  as  having  come  from 
Washington?    A.  Yes  sir. 

Q.  D.d  he  sjieak  at  all  of  the  assassination  which 
liad  lust  occurred  here?  A.  I  don't  recollect;  the  con- 
versation turned  on  General  Grant. 

Q.  Did  you  make  any  inquiry  after  he  made  that 
statement?  A.  No,  not  at  the  time;  we  talked  about 
the  matter  afier  he  lelt. 

Q.  J;;d  his  manner  seem  excited?  A.  I  could  notsay 
that  it  was. 

Q.  Where  did  he  say  he  was  going?  A.  He  did  not 
say. 

Cl.  By  what  name  did  he  call  himself?  A.  Repassed 
in  the  neighborhood  under  the  name  of  Andrew  At- 
wood. 

Cross-examined  by  Mr.  Doster.— Q.  What  is  your 
business?    A.  Farming. 

Q.  How  long  had  you  known  Atzeroth  before  the 
visit  you  have  spoken  ol?  A.  1  think  it  is  between  two 
and  three  years  since  I  first  got  acquainted  with  him 
in  that  neighborhood;  I  merely  knew  him  by  sight;  I 
do  not  recollect  that  X  ever  saw  him  but  once  beiore 
the  Sunday  he  came  there. 

Q.  You  say  he  went  by  the  name  of  Andrew  Atwood 
around  that  vicinity?  A.  Yes  sir,  that  is  the  name  X 
knew  him  by. 

Q.  At  what  time  of  the  day  did  Atzeroth  arriv'e,  and 
how  lun£!  did  he  slay?  A.  He  came,  y  suppose,  between 


62 


TRIAL   OF   THE   ASSASSINS   AT  WASHINGTON". 


10  and  11  o'clock;  I  suppose  be  stayed  some  two  or 
tljree  hours. 

Q.  l)id  ln'  recognize  you  as  an  old  acquaintance?  A. 
He  knew  nie. 

Q.  Did  yuu  speak  about  the  murder?  A.  I  do  not  re- 
collect, saying  anything  about  toe  ii-;sus^iiiation. 

Q.  Wasanybody  elso  present  and  talking  with  you 
when  he  made  the  remark  about  somebody  lullowmg 
Cieneral  tirant?  A.  Yes,  sa-,  there  were  ii  couple  ot 
young  men;  we  were  all  in  the  room  together;  X  was 
iiboui  three yardslrom  Atzeroth  when  he  made  the  re- 
mark. 

Q.  Was  not  this  the  answer— "that  a  man  must  have 
followed  General  Grant  to  kill  hiiu?"  A.  JSTo.  .sir,  it  was 
uot  spoken  in  that  way;  it  was,  that  it'  llie  man  who 
was  to  have  lolliiwed  him  had  done  so.  General  Grant 
would  have  been  killed. 

In  reply  to  a,  ouestion  by  the  Court  the  witness  stated 
that  the  young  men  present  at  the  time  of  the  prison- 
er's remark,  given  above,  were  brothers  by  the  name 
of  Lemmon,  who  resided  in  the  neighborhood. 
Testimony  of  Ser^faMt  CJ.  W.  tieiiimeH. 

Bj- Judge  Holt.— Q.  Do  you  recognize  the  prisoner 
Atzeroth  as  a  man  whom  you  ever  saw  before?  A. 
Yes  sir. 

The  witness  then  detailed  the  circumstances  attend- 
ing the  prisoner's  arrest,  whic.i  occurred  on  the  19th; 
at'the  tune  of  his  arrest  he  denied  that  his  name  was 
Atwood,  and  gave  another. 

Q.  Did  the  prisoner  ask  why  you  arrested  hjm  ?  A. 
No  sir. 

Q.  He  made  no  inquir.v?  A.  No  sir;  I  a^ked  him 
just  before  he  leu  Germantown,  whether  he  had  left 
Wa.'shington  recently:  he  told  me  he  had  not:  then  I 
asked  him  whether  he  had  n"t  something  to  do  with 
the  murder  and  he  said  he  had  not. 

Q.  Did  he  persist  in  denying  his  name?  A.  He  said 
that  he  had  not  given  a  ticiitious  name. 

Q.  At  what  time  did  you  a;k  the  que-'tion  as  to 
whether  he  was  counrcted  with  the  assassination?  A. 
It  was  between  seven  and  eight  o'clock. as  I  was  going 
to  leave  Germantown. 

Q.  You  arrested  him  about  four  o'clock,  and  up  to 
seven  or  eight  o'clock  he  made  no  inquiry  as  to  the 
cause  of  his  arrest?    A.  ISosir. 

During  the  cross-examination  (he  witness  stated  that 
he  proceeded  in  quest  ot  Atzeroth,  in  pursuance  of 
orders  from  Captain  Townsend.  to  liiKt  a  man  by  tlie 
name  of  Atwood;  witness  could  not  state  positively 
that  the  name  just  given  by  the  prisoner  was  not  Atze- 
roth; was  certain  that  the  prisoner  staled  that  he  had 
not  come  from  Washington. 

Ue-exaniiuatioii  o!' JoSin  FletoSier. 

By  the  Judge  Advocate— Q.  t>ince  leaving  here  have 
you  visited  the  stable  at  the  corner  of  beveiiteLaith 
andlstreets,  and  examined  the  horse  in  regard  to 
which  you  testilied?    A.  Yes  sir. 

Q.  Where  did  you  find  the  animal?  A.  I  found  him 
in  the  middle  of  the;  Head-quarters  stable,  Seven- 
teenth and  I  streets,  in  the  hrst  stall. 

Q.  Did  you  examine  him  and  recognize  him  as  the 
horse  spoken  of  in  your  testimony  as  having  been 
titken  from  your  stable  by  Atzeroth?  A.  Yes  sir;  he 
was  blind  in  the  right  eye. 

Testimony  of  Thomas  TL.  Oardner. 

By  the  Judge-Advocate.— Q,  Have  you  or  not  any 
knowledge  ot  a  dark  bay,  one-e.vud  horse,  now  in  (Ge- 
neral Augur's  stables,  at  Seventeenth  and  1  streets, 
"Washington?    A.  Yes  sir. 

Q.  When  did  you  last  see  the  animal?  A.  I  saw  him 
on  the  8th  of  this  month. 

Q.  Have  you  any  knowledge  of  the  horse  having 
been  sold  by  your  father,  and  if  scj.  to  whom?  A.  He 
was  sold  by  my  uncle,  George  Gardner,  to  a  man  by 
the  name  of  Booth, 

Q.  When?  A.  Sometime  in  the  latter  part  of  Novem- 
ber last,  1  think. 

Q.  Do  yon  mean  J.  Wilkes  Booth?  A.  I  do  not  know 
the  first  name. 

Q.  How  near  is  your  uncle's  residence  to  that  of  Dr. 
Mudd?    A.  Not  over  a  quar.cr  ot  a  mile  away. 

Q.  Do  you  know  whether  Booth  purchased  the  ani- 
mal on  the  recommendation  of  the  prisoner,  Dr. 
Mudd?    A.  I  do  not. 

Q  Did  he  come  here  alone  or  with  others?  A.  He 
came  there  with  the  prisoner.  Dr.  Samuel  Mudd. 

Q.  Describe  the  horse.  A.  He  is  a  dark  bay  horse, 
and  is  blind  in  the  right  eye. 

By  the  Court.— Q.  Were  you  at  your  uncle's  when 
Booth  and  Mudd  came  to  buy  the  horse?    A.  Yes  sir. 

Q.  Did  they  come  in  a  carriage  or  on  horseback?  A. 
I  think  they  were  on  horseback. 

Q.  Did  they  both  leave  together?    A.  Yes  sir. 

Q.  Did  Dr.  Mudd  take  any  part  in  the  purchase  or 
evince  any  interest  in  the  matter?  A.  Not  that  I  am 
aware  of. 

Cross-examined  by  Mr.  Stone.- Q.  \\Tiere  did  Booth 
take  the  horse?  A.  At  his  request  I  took  the  horse, 
next  morning,  to  Montgomery's  stable  in  Bryantown. 

Q.  Did  Booth  say  what  kind  of  a  horse  he  wanted? 
A.  He  said  something  about  wanting  a  horse  (or  a 
buggy,  with  which  to  travel  over  the  lower  part  ol 
Jlt-ryland  to  look  at  the  land.  My  uncle  told  him  he 
would  sell  him  a  young  mare,  and  Booth  taid  that  a 


mare  would  not  suit  him.  He  then  showed  him  a 
hois".  and  Booth  said  (iiially  that  that  horse  would 
suit  him.    He  said  hi'onlvwanied  a  l.orse  for  one  year. 

Q.  On  whatday  of  the  week  was  this?  A.  I  think  it 
was  on  Mi'iiday. 

Q.  Did  \  on  see  Booth  at  church  on  the  previous  day* 
A.  Is'o  sir. 

By  the  Court.— Q.  Was  Booth  in  the  habit  of  staying 
at  Dr.  Wudd's  when  he  wa-in  the  iieigl'.burhood?  A.  I 
do  not  know  that  ho  was  ever  in  the  neighborhood  be- 
fore; it  was  the  lirst  and  the  last  time  that  I  ever  saw 
Booth. 

By  Sir.  Stone.— (J.  Did  you  ever  hear  of  his  being  in 
the  ne.ghhorbood?  A.  I  think  I  did  hear  of  lii.s  being 
in  ihe  nei:;liDorhood  of  Bryamown  beiore  that,  hut 
never  since. 

Testin»onj»of  JJentenant  .Tohn  J.  TofTey. 

By  Judge  Holt.— Q.  Have  yon  any  knowledge  of  a 
dark  bay  horse,  blind  of  oneCye.  now  at  (General .Au- 
gur's stables  in  this  city,  corner  of  Seventeenth  and  I 
streets? 

In  reply,  witness  stated  that  on  the  night  of  the  Hth 
of  April,  about  hal;-i;a  t  li  o'clock  he»was  going  to 
the  I'.ospilal  where  he  was  stationed,  when  he  ."^aw  a 
horse  standing  near  Camp  Barry,  about  three  quarters 
of  a  mile  east  of  tlieCapitol.  lie  tuok  charue  of  the 
animal,  and  in  conijiliance  with  orders  ^MUy  delivered 
it  to  other  hantis.at  General  Augi.r'^^Pad-quarters, 
having  taken  his  saddle  off  the  horse.  ^Ke  horse  was 
a  large  brown  animal,  blind  of  one  e.ve. 

A  saddle  was  exhibiied  to  the  witness  which  he 
ideiitilied  as  the  one  taken  off  the  horse  by  himself. 
He  further  testified  that  when  he  first  saw  the  horse  it 
was  a  little  lame. 

The  Court  then  adjourned  to  meet  to-morrow  morn- 
ing at  10  o'clock. 


Washington,  May  18— The  Court,  after  the  evi 
dence  taken  on  Wednesday  had  been  read,  proceeded 
to  the  examination  of  witnesses. 

Testimony  of  A.  R.  Reeve. 

By  the  Judge  Advocate.— Q.  State  where  you  reside, 
A.  At  Broolclj-n,New  York. 

Q.  In  what  business  were  j'ou  engaged  in  March  last? 
A.  In  the  telegraph  business. 

Q.  Book  at  this  despatch,  and  state  what  you  know 
in  regard  to  it.  A.  It  was  handed  to  me  at  the  St.  Ni- 
cholas Hotel  by  J.  Wilkes  Booth,  to  bo  sent  to  Wash- 
ington. 

Q.  Will  you  read  it?   The  witness  read  as  follows: — 

"New    York,  Jilarch  2:!,  1865.— To Weischman, 

Esq.,  No.  541  H  street,  Washington,  D.  C— Tell  John  to 
telegraph  the  number  and  street  at  once.    J.  Booth." 

Q.  That  wa.s  J.  Wilkes  Booth?    A.  It  was. 

Q.  Was  it  sent  on  the  day  of  its  date?  A.  It  wasaen 
on  the  23d  or  March  to  this  city. 

Cross-examined  by  Mr.  Aiken.— Q.  How  do  you  iden- 
tify that  telegram?  A.  I  remember  that  he  signed  the 
name  of  "  J.  Booth."  instead  of  J.  Wilkes  Booth, 
which  was  his  lull  name. 

Q.  Were  any  remarks  made  to  you  by  the  man  who 
gave  yon  that  despatch  at  the  time  of  his  giving  it  to 
you?  A.  No  sir;  I  was  busy  at  the  time,  but  in  send- 
ing it  I  noticed  that  the  middle  name  was  left  out. 

Q.  Are  you  in  the  habit  of  keepiiiir  all  despatches 
sent?    A.  Yes  sir. 

By  Judge  Holt.— Q.  Is  this  the  original  despatch?  A. 
Yes  sir. 

By  Mr.  Aiken.— Q.  What  sort  of  a  looking  person 
gave  you  that  despatch?  A.  If  I  saw  his  likeness  I 
could  tell. 

JCe-Exnmination  of  liCwis  Weisoliman. 

By  Judge  Holt.-Q.  Look  at  that  telegram  and  state 
whether  j'ou  received  it  on  the  day  of  its  date.  A.  I 
cannot  say  that  I  received  it  on  the  23d  of  Slarch,  but 
I  received  a  telegram  of  the  exact  nature  of  this  one. 

Q.  Who  is  the  person  relerred  to  there  as  John?  A. 
John  Surratt  was  frequently  called  John. 

Q.  Did  you  not  deliver  the  message  to  him?  A.  I  de- 
livered the  message  to  him  the  same  day. 

Q.  What  did  he  say?  A.  I  questioned  him  as  to  what 
was  meant  by  the  number  and  street;  he  replied  to  me 
Don't  be  so inquisitive. 

Q.  See  whether  this  is  the  telegram  you  deliveredT 
A.  It  is. 

The  witness,  by  request  of  the  Judge  Advocate,  then 
read  the  telegram,  which  was  a  copy  of  the  one  given 
above. 

Q.  Did  you  know  the  handwriting  of  Booth  ?   A.  I 


TRIAL   OF   THE   ASSASSINS   AT  WASHINGTON. 


63 


have  seen  his  handwriting,  and  could  recognize   his 
autosrr.ipii. 

The  witness  was  here  shown  the  oriirinal  telegram, 
purporting,' to  liave  been  written  by  Booth,  and  said, 
that  is  his  handwriting. 

Q.  Stale  wliether,  on  or  about  the  4th  of  Jfarcli  last, 
you  liad  an  ii;-'erview  in  your  room  with  Jolin  Willces 
Bootli,  .TolinSurratl;  and  Pay  ne,  the  prisoner  at  the  biir? 
A.  I  will  stutp  that  as  near  as  I  can  recollect  If  was 
aiter  the  4tli  cfMarch.  and  the  secondtime  that  P,;yne 
visited  tin;  Ijouse;  wlien  I  returned  ironi  niy  office  one 
day  at  )ial(-].ast  (onr  o'clock  and  went  to  my  room,  I 
rancrthebe!!  lor  Dan,  the  nei;ro  servant,  and  in  reply 
to  an  ingr.ir.v  wliicli  I  tiddressed  to  liim  he  toldme  t:iat 
John  liad  ridden  out  at  at)nut  liall-iiast  two  o'cloci-;  in 
tlie  afternoon,  wiih  si.x  otliers,  on  liorsoback:  on  KOins 
downstairs  I  Ibund  Jtr.s.  iSurratt  weepins  bitterly  and 
asked  lirr  wiiat  was  ths  mafer;  she  said  to  me.  "  ko 
down  and  makethebestofyour  dinner,  John  hasgonet 
awa.v;"  alio. it  hal.'-inist  .six  o'olncic  .loliii  tSiirratt 
came  home  and  was  very  much  intoxicati'd;  in  Tact  he 
ruslied  iranticall.v  into  theroum;  hehad  one  ofSharp's 
small  six-bi;rr<4  revolvers  in  his  hand:  I  said  "John, 
wliy  are  you  so  mucliexcitea?"  he  replied.  "1  willshoot 
any  man"  who  comes  into  this  room;  my  hopes  are 
gone  and  my  prospects  blighted;  I  want  sonnaiiing  to 
do;  can  yongeLme  a  clerkship?"  The  prisoner,  Payne, 
came  into  tliMlkp],  and  about  filteen  minutes  alter- 
wards  Booth  o^^K  into  the, mom,  and  was  so  much  ex- 
cited that  lie  \v!^Ked  Irantically  around  llie  mum  se- 
veral times  without  noticin;,'  me;  he  had  a  whip  in  his 
hand;  the  three  then  went  up  stairs  into  the  second 
story.and  they  must  havoremained  there  togetherabout 
twenty  minutes;  subsequently  1  asked  Surratt  where 
he  had  left  Payne;  he  said  Payne  had  gone  to  Balti- 
more; 1  asked  him  where  Booth  had  gone;  he  said  to 
New  York;  some  (wo  weelcs  afterwards  (Surratt.  when 
pas.'-lng  llie  post  olHce,  imiuireil  lor  a  letter  under  the 
name  of  James  Sturdy,  and  I  aslced  him  why  a  letter 
was  sent  to  him  nndtr  a  lalse  name;  he  said  he  had 
particular  reasons  for  it;  t;iis  must  have  been  two 
weeks  alter  this  aTair.  before  the  ;:Ot'i  ol' JInrcli;  the 
letter  was  signed  Wood,  and  the  writer  stated  that  he 
was  at  tlie  Bevere  House  in  New  York;  that  lie  was 
looking  tor  sometiiijig  to  do.  bat  would  probably  go  to 
some  boardiiig-liouse  in  (iraiid  street;  I  think  West 
Grand  street;  this  was  the  whole  substance  of  the 
letter. 

Ci.  Are  you  familiar  with  Booth's  handwriting  or 
Bimply  with  his  aiito,'raiili?  A.  I  have  seen  his  auto- 
graph' :.t  the  hotel  and  have  also  seen  his  autograph  at 
the  house. 

Q.  Here  is  a  note  signed  B.  E.  Watson— will  you 
look  at  it  and  see  whether  that  is  Booth's  handwrit- 
ing? A.  No  sir,  I  would  not  recognize  that  as  Booth's 
handwriting. 

(j.  Wits  there  any  remark  made  in  their  excited 
conveisalion  on  the  occasion  of  which  .vou  have 
spoicen  as  to  where  they  had  all  been  r  ding?  A.  No 
sir,  thev  were  very  guarded;  Payne  made  no  remark 
at  all;  the  only  remarks  made  were  those  excited  re 
marks  by  .Surratt. 

y.  Surratt  had  been  riding,  you  say.  and  Booth  had  a 
whip  iti  his  hand?    A.  Yes  sir. 

Q.  He  appeared  to  have  been  with  them  also?  A. 
Y^es  sir.  lie  was  much  excited. 

Cross-examined  by  Mr.  Aiken.— Q.  What  time  in  the 
da.v  did  y.)u  meet  ^Ir.  Floyd  on  his  w;iy  to  Washing- 
ton? A.  it  must  have  been  about  ten  o'clock  in  the 
morning. 

Q.  Bid  you  hear  any  of  the  conversation  that  passed 
hetwec!!  iiim  and  IMrs.  Surratt  at  that  time?  A.  No  sir; 
I  leaned  back  in  my  hug:,'y,  and  Mrs.  Surratt  leaned 
sideways  and  whispered  some  words  in  Mr.  Floyd's 
ear. 

Q.  Did  she  afterwards  say  anything  to  you  as  to 
what  tlie  ciuversaiion  svas  about?  A.  No  sir;  the 
only  conversation  that,  I  heard  at  that  lime  w:V3  be- 
tween her  and  Mrs.  Ott;  she  was  talking  about  Mr. 
Howell. 

Bv  Mr.  Johnson.— O.  Was  that  at  the  same  time?  A. 
Nosir;  it  was  after  the  conversation  between  Floyd 
and  her;elf. 

Q.  Was  it  on  the  same  spot?    A.  No  sir. 

By  Mr.  Ewing.— Q.  Do  you  recollect  when  it  was 
that  Booth  i^laved  "Pescara."  in  the  Aiioslalri  A.  Yes 
sir;  he  played  i't  that  night;  that  must  havebeea  about 
the  21th  of  March. 

Q.  Was  it  not  the  day  before  or  the  day  after  their 
return  from  the  r:de  that  he  played  in  the  "Aiostate?" 
A.  That  I  cannotsay;  it  must  have  been  af.erthe4th 
of  March;  this  man  ]?aytie  was  stopiiing  at  the  house 
at  the  time,  and  when  he  came  to  the  house  he  made 
some  excuse  to  Mrs.  Surratt,  saying  he  would  like  to 
have  been  ther>^  before  the4th  of  March,  but  could  not 
get  there;  by  that  circumstance  I  recollect  that  it  was 
alter  the  4th  of  March;  whether  it  was  beCoie  or  after 
the  dav  that  Booth  played  "Pescara"  I  can't  say. 

Q.  Did  .vou  go  to  see  that  play?  A.  Yes  sir;  Booth 
sent  complimentary  tickets,  at  least  gave  a  pass  to 
Surratt  for  two,  and  he  asked  Surra  t  whether  he 
thought  I  would  go;  Surratt  said  he  thought  not;  when 
Surrfitt  asked  me  I  did  go;  the  pass  was  a  written  one, 
and  the  doorkeeper  at  first  refused  us  admission. 

Q.  Slate  whether  the  atiair  of  the  ride  was  belore  or 


after  Booth  played  in  the  Apostate?    A,  To  the  best  of 
ni.v  recollection  it  was  before. 

Q.  How  long  before?  A.  Well,  as  near  as  I  can  re- 
collect, about  two  weeks  before. 

Q.  Yon  cannot  stale  positively  whether  it  was  before 
or  a'ter  the  pla.v  in  the  Ajmstate?  A.  I  would  not  like 
to  state  positively. 

By  Mr.  Eakin— (J.  How  did  yon  learn  anything  with 
re  Terence  to  the  antecedents  of  Mrs.  Slater?  "A.  Through 
Mrs.  Surratt  herself. 

Q.  What  did  Jlrs.  Surratt  tell  you?  A.  Mrs.  Surratt 
stated  to  me  that  she  came  to  the  house  m  company 
with  this  man  Howe;  thatshe  was  aNnrth  Carolinian, 
I  Ijelieve;  that  she  spoke  French,  and  that  she  was  a 
blockade  runner  or  bearer  of  despatches. 

Q.  Where  were  you  at  the  t.rne  Mrs.  surratt  told  you 
this?  A.  I  was  in  the  house,  in  the  kitchen,  or  at  least 
in  the  dining-room. 

(J.  Are  you  certain  be.vond  all  doubt  that  Mrs.  Sur- 
ratt ever  told  .vou  that  Mrs.  Slater  was  a  blockade  run- 
ner?   A.  Yes  sir. 

Q.  Had  .you  before  that  time  ever  seen  Mrs.  Slater 
at  the  house  of  Mrs.  Surratt?  A.  I  myself  saw  herouly 
once:  I  learned  she  had  been  to  the  house  twice. 

Q.  Nevermind  what  .you  learned;  you  saw  her  only 
once?    A.  Only  once. 

Q.  How  long  was  she  there  ?    A.  Only  one  night. 

Q.  Did  you  have  any  conversation  with  her  your- 
self? A." She  drove  us  to  the  door  in  a  liuggy,  the  hell 
rang,  and  Mrs.  Surratt  told  itie  to  go  out  and  take  her 
trunk;  there  was  a  young  man  in  the  bngg.v  with  her; 
that  was  all  the  conversation  I  had  with  her;  she  had 
her  ma.sk  down,  one  of  those  short  masks  that  lad  ies' 
wear. 

On  being  interrogated  by  the  Court  as  to  the 
meaning  ot  the  word  mask,  the  witness  saiil  tiiat  he  m- 
tended  to  signily  a  veil  of  the  ordinary  description. 

Q.  Was  anv  one  besides  yourself  present  on  the  oc- 
casion of  this  conversation?     A.  Not  that  I  remember. 

Q.  On  what  da.v  was  that?  A.  it  was  sometime  in 
February:  I  do  liot  remember  the  precise  day. 

Q.  Did  you  hear  anything  said  about  Mrs.  Slater 
afterwards?    A.  Nosr. 

Ci.  What  was  Mrs.  Surratt's  exact  language  in  givinc; 
J'ou  this  information?  A.  She  said  that  this  woman 
was  from  North  Carolina,  and  that  il  she  got  North, 
there  would  be  no  dauTi-r  lor  h.er,  because,  being 
French,  s'leciuid  immediately  apply  to  the  French 
Consul:  that  was  about  the  only  language  I  can  re- 
member. 

Bv  Mr.  Doster.— Q.  When  John  Surratt  returned  to 
the  house  in  a  state  of  excitement  did  he  tell  you  the 
occasion  of  his  excitement?  A.  No  sir;  he  showed  me 
his  pistol  andsaid  that  he  would  shoot  any  man  who 
came  into  the  room;  I  said.  "John,  why  are  you  so 
excited,  why  don't  you  settle  down  like  a  sensible 
.vonng  man?"  He  said,  "m,y  hopes  are  gone,  my 
prospects  blighted,  can  you  get  me  a  clerkship?" 
Tliosc  were  his  precise  words:  I  looked  at  him  and 
thought  he  was  foo'iish. 

Q.  Yon  remarked  tliat  Mrs.  Surratt  was  weeping  bit- 
terly; did  she  fitaie  the  cause  of  her  grief?  A.  .She 
merely  said  go  down  and  make  the  best  you  can  of 
>'our  dinner;  that  John  had  gone  away:  Jihn.when 
he  returutHl,  saidti  me  that  he  had  on  three  pairs  of 
drawers:  X  thought  from  that  he  was  going  to  take  a 
long  ride. 

By  Mr.  Eakin.— Q.  By  whom  were  you  called  upon 
first  to  give  your  testimony  in  this  case?  A.  I  was 
called  by  the  War  Department. 

Q.  By  what  member  of  the  War  Department?  A.  I 
was  called  on  by  Judge  Burnett. 

Q.  Were  you  arrested?  A.  1  surrendered  myself  up 
on  Saturday  morning,  at  eiLtht  o'clock,  to  Superinten- 
dent Bichards,  of  the  iMetropolitan  l^olice  force;  I 
staled  to  him  wnat  I  knew  of  these  men,  Pa.yne.  Har- 
old and  Booth,  visiting  Mrs.  Surratt's;  1  slated  also 
what  I  knew  of  John  Surratt. 

ti.  What  W!is  your  object  ill  doing  this?  A.  My  ob- 
ject w;is  to  ass:st"the  Covernment. 

U.  Were  any  t'lreats  ever  made  to  yon  by  any  officer 
of  thcGovernment,  if  you  did  not  give  this  inlorma- 
ion?     '\..  Not  at  all. 

(i.  Were  any  inducements  held  out  to  you  b.y  any 
ofiicer  of  the  "(iovernmeni?  A.  Not  at  all;  I  read  in 
the  papers  that  morning  a  description  of  the  assassin 
of  Secretary  Seward;  he  was  described  as  a  man  who 
wore  a  lon„' grey  coat;  I  had  seen  At/.eroth  wearing  a 
long  gre.v  coa:;  I  went  down  to  Tenth  street,  and 
met  a  gentleman,  to  whom  I  communicated  my 
suspicions,  and  then  went  and  delivered  myself 
up  to  Superintendent  Bichards,  of  the  Metropolitan 
Police  force,  and  told  him  wliere  this  man  Payne  had 
been  stopjiing,  and  also  Atzeroth  and  Harold;  I  was 
then  sent  to  (ieneral  Augur's  office:  after  leaving  that 
place,  I  met  a  man  who  kept  a  stable  at  Thirteenth 
and  E  streets,  who  stated  that  a  man  had 
been  to  his  place  to  hire  a  horse:  he  described 
the  man  as  being  of  small  stature,  having  black 
evebrowsanda  kind  of  a  smile  on  his  face:  lie  said  the 
name  was  llarcld;  I  then  went  with  officer  McDevitt 
to  Harold's  house,  and  procured  photographs  of  him- 
self an!  Booth:  officer  McDevitt  procured  a  photo- 
graph ofSurratt;  I  related  what  I  knew  of  Harold's 
habit  of  riding   through   Maryland,  and  that  he  had 


64 


TRIAL   OF   THE   ASSASSINS   AT  WASHINGTON. 


manv   noqnaiiifances    tboro.  nnd   that   tlie   assa-ssins 
■would  |ircibal)ly  talce  their  course  through  Mary  hind. 

Ci.  liid  yciii  ever  say  previous  to  your  surrendering 
yoursi-lt"  and  eroinsj  to  tlie  ollice  of  Colonel  Burnett, 
that  \ou  were  learf'ul  ol'an  arre-t?  A.  I  mysell  had  a 
great  deal  of  (ear;  beint;  in  this  house  where  tliese  peo- 
ple were.  I  knew  that  1  would  be  brought  into  public 
liiitiee. 

Q.  I  am  not  asking  what  you  had  to  fear:  but  what 
you  said? 

Judge  Bingham— You  had  better  allow  liim  to  answer 
In  his  Own  way.  A.  As  lar  as  c(  nrerned  my  ci  gnl- 
zanceof  anything  wrong.  I  had  no  f  ars  at  all;  wiieu 
I  surrendered  mysell  to  theCJovernment  I  surrendered 
mysell' because  I'thought  it  to  be  my  duty:  it  was  hard 
for  me  to  d  i  .so.  situated  as  I  was  with  respect  to  Mrs. 
Surratt  and  lamily;  but  it  was  my  duty,  and  as  such  I 
have  since  regarded  it. 

Q.  Liid  vou  at  any  iinip  during  the  year  1S63  board  at 
a  hotel  c.illed  the  K'ynolds  House?    A.  1  did  sir. 

Q.  Jj:d  you  become  acciuainted  there  with  a  gentle- 
man who  went  hv  tiie  name  otSt.  Marienn?  A.  I  will 
Btate  that  in  is-  3  I  met  this  St.  Marienn  in  Maryland  at 
a  village  called  KTangowan:  he  was  introduced 
to  me  by  a  clergyman  and  was  at  that  time  teach- 
ing school:  he  spoke  French,  -English  and 
Italian  tiuenlly  and  his  manners  were  very  fasci- 
nating; he  said  then  he  liad  come  from  Mon- 
treal, and  that  he  had  been  unfortunate  in  tliis 
countr\-.  Having  lost  some  five  or  six  thousand  dollars, 
thepr6c;'eds  o.  a  farm  lormerlj' owned  by  him  in  Ca- 
nada; he  stated  also  that  he  came  to  New  York,  em- 
barked in  a  vessel  to  gotossouth  America,  and  that 
the  vessel  was  captured  and  he  was  thrown  into  Fort 
McHenrv,  tVom  wh'ch  plac3  lie  was  r  'leaded  thr-iugh 
the  agency  of  the  French  Consul;  the  witness  added 
that  the  person  to  whom  he  relerred.  becoming  desti- 
tute of  means,  look  a  situation  on  a  iarm;  that  lie  (the 
witness)  subsequently  nut  him,  and  finally  jjromised 
to  do  all  he  could  for'him;  two  weeks  afcer  returning 
to  Washin'-T'on  ho  wa; culled  noon  by  St.  Marienn. 

Judge  Bingliam  then  stati  d  that  there  was  no  neces- 
Sitv  lor  any  further  explanation. 

Q.  Di  J  you  pay  Im  board  at  the  Reynolds  House,  or 
become  responsible  for  it? 

Judge  B  ngliam— I  object  to  the  question  as  being  a 
matter  of  no  consequence  whether  the  witness  did  or 
did  not. 

Q.  Did  he  state  to  you  at  any  time  that  there  was  no 
aristocracy  at  the  Ki  rtli,  and  he  wished  to  go  South? 

Judge  Bingham— I  obiei't  to  that  also,  as  itis  no  mat- 
ter whether  lie  did  or  did  not. 

Q.  Dill  liesiale  loyouthat  if  he  could  not  get  to  the 
Soutli  in  any  other  way  he  would  join  a  Federal  regi- 
ment and  desert? 

Jud:.e  Bingham— I  object  to  that,  too,  he  is  not  a 
witneFS  h'  re. 

Q.  f)  >  you  know  whether  Mr.  Beynolds  reported 
anyof  li  s"St.  MLirienn's'  treasonable  talk  or  language 
at  that  time  to  liieWar  Jleparlmenl? 

Judge  Bingham— I  object  to  that,  too;  I  would  lilje 
to  kniiw  wliat  tiiat  is  introduced  lor. 

Mr.  Eak  n— It  is  introduced  forthepurpose  of  sliow- 
ing  that  tiie  witness  on  the  stand  was  a. sympathizer 
with  ihe  Coiif  derates  anti  Rebels,  and  Lhat  he  assisted 
this  man  t  >  gel  away  to  the  South.  I  will  havesome- 
Ihing  else  to  prove  afierwards. 

Tlie  President  of  the  Court— The  time  for  our  usual 
recess  has  arrived;  the  Court  will  now  take  a  recess 
until  two  o'clock. 

A  recess  was  a'cordingly  taken. 

Uliou  the  reass  'milling  of  the  Court,  tlTe  question 
pro|ii>unded  by  Mr.  Eakin  w.as  again  put,  and  Judge 
Bingham  said  tliat  he  objected  to  the  question  on  the 
eround  thai  it  was  on  immutcr.al  matters  that  were 
not  in  evidence,  an  1  should  not  be  admitted  in  this 
manner.  Of  what  concern  was  it  what  Reynolds  re- 
pored.  If  thegentlemau  proposed  to  ask  tiie  witness 
wlieMier  he  himself  was  euilty  of  any  treasonable 
practices,  iirbody  would  object  to  it.  Tlie  objection 
was  then  sustained. 

Mr.  Kakin  — In  as  much  as  the  Judge  Advocate  has 
inli  rnied  us  that  he  will  not  object  to  any  questions 
that  may  b(!  asked  the  witness  with  respect  to  his  own 
conduct,  I  will  address  a  lew  interrogatories  to  that 
eflect. 

Q.  Did  you  give  notice  to  St.  Marienn  that  he 
would  probably  be  arrested  by  the  Government  ?  A. 
Kosir;  I  had  no  time  to  give  such  notice;  .St. 
Marienn  roseone  inoming  early  and  lelt;  he  afterwards 
enisled  in  a  Delaware  regiment,  and  was  taken  pri- 
soner and  lodged  111  <;;ustle  Thunder. 

Q.  A  re  you  a  Clerk  in  the  War  Department?  A.  I 
liavc  i)  -en. 

Q.  Did  you,  while  a  Clerk  In  the  War  Department, 
agree  to  communicate  to  anyof  the  prisoners  at  Ihe 
bar  any  information  you  might  obtain  Irom  that  De- 
partment? A.  No  sir. 

Q.  Are  you  acquainted  with  Mr.  Howell  ?  A.  I  have 
met  him  at  Mrs.  Siirrati's  house. 

Q.  What  was  Howell's  lirst  name?  A.  When  he  w.is 
at  the  house  ho  gave  the  name  of  Spencer:  he  refused 
to  give  me  his  right  name  at  Ihe  house;  I  afterwards 
learned  from  John  Surratt  that  his  name  was  Augustus 
Howell. 
Q.  Were  you  intimate  with  him?   A,  I  waa  intro- 


duced to  him;  I  never  had  any  convers'  tion  with  liim; 
on  the  conlrarj',  I  said  to  Ca|)tain  Ci'eason.  of  the  War 
Department,  '■  Captain,  there  is  a  blockade-runner  at 
our  house,  shall  I  give  him  up?"  I  agitated  the  ques- 
tion for  three  days,  but  I  thought  it  might  be  the  only 
time  that  the  man  might  be  there,  and  I  let  him  go. 

(i.  Did  you  ever  have  any  conversation  with  llowell 
in  rehition  to  going  Southyourself?  A.  I  told  him  that 
I  would  like  to  go  South:  that  I  had  been  a  student  of 
divinity,  and  would  like  to  be  in  Richmond  ibr  the pur- 
Iioseol  continuing  my  studies. 

Q.  Did  he  offer  to  make  any  arrangements  in  Rich- 
mond witli  a  vievv  to  getting  you  a  place  there?  A.  No 
sir. 

By  Mr.  Clampitt.— Q.  Was  it  j'our  desire  to  go  to 
Richmond  tor  the  purpose  of  continuing  your  theolo- 
gical studies?    A.  Yes  sir. 

Q.  For  what  reason?    (Objected  to.) 

By  IMr.  Kakin.— Q.  While  you  were  in  the  War  De- 
partment did  this  man,  Howell,  teach  you  a  cipher? 
A.  Yessir;  he  showed  me  an  alphabet. 

Q.  What  was  the  purpose  of  his  teaching  you  the 
cipher?    A.  He  stated  no  particular  purpose. 

Q.  Was  it  not  tor  Ihe  purpose  ot  corresiiondlng  with 
you  from  Iticbmond?  A.  iNo  sir;  he  made  no  arrange- 
ment lor  corresjionding:  thecipher  alphabet  wasin  my 
liox,  and  no  doubt  was  louiid  there;  I  once  wrote  a. 
poem  ot  Longlellow's  in  t  his  eiph^i>|nd  that  is  the 
onlyuselmade  of  it:  I  showed  th^HIm  wr-tleii  in 
ihat  cipher  to  Mr.  Cruikshank,  of^ie  War  Depart- 
ment. 

Q.  Is  that  all  the  use  you  ever  made  of  thecipher? 
A.  Yes  sir:  I  never  had  a  word  of  corresjiondence  with 
Howell,  and  never  saw  hinj  the  second  t. me  until  I 
Saw  him  in  iirison. 

U.  Was  any  objections  ever  made  by  any  of  tliese 
prisoner  i  at  the  bar  to  your  b-ing  present  attheir  con- 
ver<ations?  A.  iNotany  that  i  he:ird.  but  they  always 
withdrew  themselves;  when  Surratt  was  in  the  parlor 
he  would  converse  with  me  for  about  live  minutes  on 
general  topics,  and  he  would  llien  give  Booth  a  nudge, 
or  Booth  would  give  him  a  nudge,  and  they  would  go 
and  sit  lip  stairs  for  two  or  three  hours;  I  never  had  a 
Word  oljirivate  conversation  with  them  which  I  would 
not  like  tiie  world  to  hear. 

Q.  Did  Howell  give  you  the  key  to  that  cipher?  A. 
He  showed  me  the  cipher  or  alphabet  and  how  to  use 
it. 

Q.  He  taught  you  it.  did  he  not?  A.  I  made  no  use  of 
it  whatever,  except  on  that  particular  occasion,  when 
I  showed  itto  Mr.  Cruikshank. 

i^J.  That  was  not  an  aiiswerto  my  question:  he  taught 
you  the  cipher,  did  he  not?    A.  Well,  yes,  sir. 

Q.  Now,  according  to  the  best  of  jour  recollection, 
how  soon  was  that  after  his  return  Irom  Richmond? 
A.  He  had  returned  from  New  York,  and  he  did  not 
tell  nie  when  he  had  returned  from  Richmond,  because 
it  was  the  first  and  only  time  I  ever  saw  the  man  in 
my  life;  he  was  well  acquainted  with  Mrs.  Surratt,  and 
his  nickname  around  the  house  was  .Spencer;  he  liad 
b;^en  at  the  house  a  day  or  day  and  a  half  beibre  I  met 
liim. 

Q.  Did  he  tell  you  that  that  was  the  cipher  used  in 
Richmond?    A.  No  sir. 

Q.  You  stated  that  the  pi  isoners  were  free  and  un- 
reserveu  in  their  conversation  while  in  \  our  presence? 
A.  Th(\vspoke  in  my  p!-esence  on  general  topics,  and 
soon:  they  nevcrspoketo  meof  their  private  business. 

Q.  Do  we  understand  you  as  stating  to  the  Court  tuat 
in  all  your  conversations  with  them  you  never  learned 
of  any  intended  Ireasonahleact  orconsp.iracy  of  theirs? 
A.  I  never  did  ;  I  would  have  been  the  last  man  in  ttie 
world  to  have  suspected  John  Surratt,  my  schoolmate 
and  companion,  of  the  murder  of  the  President  of  the 
United  Slates. 

U.  Y(ju  state  that  your  suspicions  were  aroused  at 
one  time  by  something  you  saw  at  Mrs.  Surratt's  ?  A. 
My  susiiicions  were  aroused  by  Jolin  Surratt.  and  by 
this  man  I'ayne  and  Booth  coming  to  the  house;  my 
suspicions  w'ere  again  aroused  by  their  frequent  private 
conversations  by  seeing  Payne  and  tsurratt  with 
bowie-knives,  and  bytindiug  a  moustache  in  my  room. 

(.i.  Yoursuspicions  were  not  aroused,  then,  by  the 
fact  of  Surratt  having  on  three  pair  of  drawers?  A.  I 
thought  he  was  going  to  take  a  long  ride  in  the  coun- 
trv,  and  jierhaps  lie  was  going  SduiIi. 

Q.  Then,  as  your  suspicions  were  .aroused  on  all  these 
diiicrent  occasions,  and  you  had  reason  to  believe  that 
there  was  something  in  the  wind  that  was  improper, 
did  von  communicate  your  suspicions  to  the  War  De- 
part'mint?  A.  iMy  suspicions  were  notofa  lixed  or  de- 
hnite  character:  "l  did  not  know  wiuit  they  intended  to 
do:  I  niadea  confidante  ofCaiitain  Gleason,  oi  the  War 
Dep:  rtment.  an  I  told  him  that  Booth  wasasecret 
sym  athizer;  I  mentioned  snatches  of  convorsition  I 
liad  iieard,  and  Slid  lo  him,  "Captain,  what  do  you 
think  of  this  all?'  we  even  talked  over  what  they 
might  i)OSsiblv  beat;  whether  the.v  could  he  bearers  of 
despatches  or'blockade-ruiuiers;  at  onetime  I  saw  ia 
the  papers  the  capture  of  President  Lincoln  Ireely  dis- 
cussid,  and  I  said  to  him.  'Captain,  do  yon  think  any 
part  v  would  attempt  to  capture  the  President?"  He 
laughed  and  hooted  at  the  idea. 

O.  Yi  u  did,  then.  1  e.ir  of  a  proposition  of  that  kind? 
A. 'l  did  not  hear,  but  it  w;.s  Ifeely  discussed  in  the 
papers;  if  you  will  refer  to  the  ifrjbune  of  March  isth, 


TRIAL   OF   THE   ASSASSINS   AT  WASHIXGTOK 


65 


you  will  Sep  it  mentioned;  it  was  merely  a  casual  re- 
r.ir.rlc  that  I  m  :de:  the-  e  suspicions  arose  in  my  mind 
after  tliis  horseback  ride:  I  lemarked  to  Captain  Glea- 
son  that  Sun-att  had  comobnrk.and  told  him  tliat  what 
they  hud  b;-en  r.Cte r  had  failed. 

Q.  How  came  yoti  to  connect  the  matter  of  the  cap- 
ture of  the  Prosideut,  of  which  vou  read  iu  the  news- 
paper, Willi  any  of  theso  i.i  rties? 

Tiio  quostionVai  objec  ed  to  by  Judge  Bincrham  as 
beinpt  wholly  immaterial  cr  irre.t;vant.~  The  objection 
was  sustained. 

Q.  AVere  you  on  intimate  personal  relations  with  the 
prisoners  at  the  bar?  A.  Xot  iniimate  ro  ations;  I  met 
them  merely  because  ihey  boarded  at  Mrs.  Surrati's 
bouse;  I  met  Atzeroth  aiid  went  to  tiie  tlieatre  with 
him;  II  oked  uion  him,  as  did  every  one  in  the  bouse, 
as  a  pood-hearted  countryman. 

Q.  But  you  wiTe  a  schuolm^te  with  Jolin  Surratt? 
A.  Jolin  had  been  my  companion  for  seven  years, 

Q.  Bid  you  s:ill  irrofess  to  be  a  friend  of  hiswhen  vou 
gave  the  in  ormat  on  tliat  you  did  to  the  WarBepart- 
ment?  A.  I  was  I, is  friend,  but  when  my  suspicions  as 
to  the  dan':;er  oftheGoveniment  were  aroused.  I  pre- 
ferred tlio  Government  to  .Tolin  Surratt:  I  did  not 
know  what  he  was  contemplatins:  be  said  he  was  go- 
ing to  engage  in  cotton  speculations  and  in  the  oil 
business. 

Q.  You  didfcotknow  what  he  was  contemplating; 
wliy  then  did  yoh  forleit  veur  friendship  to  him?  A.  I 
never  lorTeiied  my  friendship;  he  foneited  his  friend- 
Bhip  to  me. 

Q.  How  so:  by  cnga'jing  in  cotton  speculations?  A. 
Ko  sir;  bj'  placing  me  in  the  position  in  which  I  am 
now;  I  think  of  the  two  I  was  more  alriend  to  him 
than  he  was  to  me. 

By  Mr.  Ewing.— Q.  Tou  spoke  of  reading  a  publica- 
tion in  the  Tri'mne.  of  March  inth,  referring  to  a  plot 
to  capture  the  Presideni?    A.  Yes  sir. 

Q.  Can  you  not,  bv  connecting  that  circumstance 
with  the  ride  which  these  parties  liad  in  the  conntrv, 
tl.-^  moredeiini'e'v  the  t  me  of  that  ride— whether  b'^- 
Ibreor  aftir  thedateof  thr.t  publicirion?  A.  I  think  it 
was  after  it;  I  would  alsostat"  that  Tsaw  in  the  Wash- 
ington iir/jufi^jcfoi.  a  statement  concerning  a  contem- 
plated ass:iSsination  of  President  B'ncoln,  and  Surratt 
once  made  a  remark  to  me  that  if  he  succeeded  in  his 
cotton  speculation  his  country  would  lose  him  forever, 
and  his  name  would  go  down  to  posterity  forever 
green. 

Q.  You  think,  then,  that  this  occasion,  when  they 
appeared  to  have  come  in  from  a  ride  iu  the  country, 
was  after  March  intb?    A.  Yes  sr. 

Q.  Was  your  remark  to  Captain  Gleason,  respecting 
the  probable  capture  of  th?  President,  made  aitiTthe 
ride?  A.  Yes  sir;  I  said  toCapt.  Glea-on  that  Surr.  tfs 
mysterious,  incnmprebensi')le  business  had  failed, 
and  I  added,  '•  Let  us  think  over  what  it  could  have 
been:"  we  ment  oned  a  varietv  of  tilings,  even  the 
breaking  open  of  tlie  Old  Capitol  Prison:  I  would  men- 
tion that  alter  that  ride,  my  suspicions  were  not  so 
much  aroused  as  before  it,  because  neither  Payne  nor 
Atzeroth  had  been  at  the  lions"  since;  the  oiily  one 
of  them  who  vi'sited  was  the  man  Booth. 

Q.  Have  you  ever  seen  the  prisoner,  Arnold?  A.  No 
sir. 

Q.  Bid  you  first  meet  the  prisoner.  Br.  Samuel 
JIudd,  on  Seventh  street,  opposite  the  Odd  Fellows' 
Hall?    A.  I  did. 

The  witness  Itirther  testified  that  Mrs.  Surratt  lived 
in  the  house  on  H  street,  next  to  the  C!)rner  of  Sixth, 
and  tliat  the  iioint  on  Seventh  street  at  wh'cli  he  met 
Br.  INIudd,  was  not  on  a  direct  route  from  theP.'iin  ^yl- 
vania  House  or  the  National  Hotel  to  Mrs.  Surratt's. 

Itc-Exain illation  of  .llohn  GrooiiawaH. 

By  the  Judge  Advocate. —-Q.  In  describing  the  poorlv 
dressed  man  who  called  at  your  house  with  Atzeroth 
on  the  raoniing  of  the  l.'ith  of  April,  you  said  that  his 
hair  was  l>lack.  but  omitted  to  state  the  color  of  his 
beard  and  moustache;  state  it  now?  A.  Their  color 
was  dark. 

Toslamoiiy  of  James   Ti'allter   (Colored.) 

Bv  the  Judge  Advocate.— Q.  State  whether  or  not 
on  the  nth  oi  April  last  you  were  living  at  the  Penn- 
sylvania HouS'^  in  this  city  and  your  business  there. 
A.  I  was  livinsthere;  I  \v,as  twelve  months  there  on 
the  4th  of  April  last;  my  business  was  to  make  tires, 
carry  water,  &^. 

Q.  State  will  ther  or  not  you  ever  saw  the  prisoner 
Atzeroth  at  that  house,  and  under  what  circumstan- 
ces? A.  He  came  tiiere  about  2  o'clock  on  the  morn- 
ing of  the  ntii  of  April,  and  left  between  .5and  6  o'clock 
In  the  morning. 

Q.  Bid  he  come  there  on  foot,  or  on  horseback  ?  A, 
Thefirst  time  lie  came  on  horseback,  and  I  held  the 
horse  for  liini  at  the  door. 

Q.  Wliat  hour  was  that  ?  A.  It  was  between  12  and 
1  o'clock,  I  believe. 

Q.  What  did  he  do  while  you  were  holding  his  horse? 
A.  lie  went  into  the  bar;  I  do  not  know  what  he  done 
there:  he  came  out  again,  and  asked  me  to  get  bim  a 
piece  of  switch,  which  I  did,  when  he  rode  off. 

Q.  Bd  .vou  notice  whether  he  had  arms  with  him? 
A.  I  did  not  notice  what  he  had;  J  did  not  see  anything. 


Q.  When  he  came  back  at  two  o'clock  was  he  on 
foot  oron  horsebaci?  A.  On  foot;  I  was  laying  down 
and  ro-e  and  let  hliTi  in. 

Q.  Bid  he  liave  a  room?  A.  He  desired  to  so  to  No. 
52.  1 1.  Jd  him  it  was  taken  up:  he  stopped  at  No.  fiX 

Q.  At  what  hour  did  ho  leave  on  that  morning?  A. 
Between  ti\eat»dsix  o'clock. 

Q.  Where  did  you  see  him  at  that  hour?  A.  I  went 
foiahackfor  a  ladv  wlio  was  going  iu  the  6'15  train, 
and  when  I  was  returning  I  overtook  him  as  he  was 
WMlkinT  .-long  slowly:  he  made  no  remark  to  me. 

Q.  Did  yon  see  anotlier  man  who  stopped  ihere  that 
night?  A,  He  left  in  tlie  morning  about  four  or  five 
minutes  befnre  Atzeroth,  having  stopped  in  the  same 
room:  he  had  no  bairgnge. 

Q.  Bo  you  remember  his  anpenrance?  A.  When  he 
came  in  it  was  flark,  the  gas  being  pretty  low;  he 
seemed  to  have  on  dark  clothes,  and  wore  ix  slouched 
hat:  lie  wont  to  his  room  immediately,  having  paid  for 
it  iu  advance. 

Q.  Will  you  look  at  the  prisoners  at  the  bar  and  see 
if  any  of  them  resemble  this  man?  A.  I  cannot  say 
sir. 

The  cross-CTamination  of  this  witness  elicited  no 
new  jioints  of  interest.  He  testified  that  tlie  horse 
used  by  At"i  rotli  on  the  night  in  question,  was  ap- 
parently a  small  liL'ht  bay  Imrse;  he  had  seen  Atzero.h 
have  a  be't  contain. ng  a")  istol  and  kuie  sonif  four  or 
five  days  boor;'  tlie  a'isassmation,  but  could  not  iden- 
tirythe  weai  on  :.  He  did  not  S'e  anv  weapons  on 
Atzeroth  on  the  nieht  of  the  11th  or  the  morning  of  the 
I'tli.  Atzeroth  had  no  I  onversiition  with  the  man  by 
whom  he  was  accompanied  at  the  time. 

Testimony  of  WiSliain  Clenrtcnin. 

By  Judge  Holt.— Q.  Look  at  that  knife  (the  knife 
supposed  to  have  been  thrown  away  by  Atzeroth  on 
the  night  of  tbe  assassination)  and  s.ay  if'you  ever  had 
it  in  your  hand  be'bre?  A.  Yes.  On  passing  down  F 
street  on  the  morning  after  the  assassination  on  the 
south  side  of  the  street,  between  Eighth  and  Ninth,  I 
saw  a  colored  man  pick  up  something  ironi  the  gutter 
about  ten  feet  from  me;  as  I  came  up  I  asked  him  what 
it  was  and  he  gave  the  knife  to  me;  a  lady  spoke  to 
me  from  the  third  story  'window,  and  she  saw  the 
knife  in  thegutter  and  sent  theco'orpil  man  down  to 
get  it:  I  took  it  and  gave  it  to  the  Chief  of  Police;  this 
was  on  the  Saturday  morning  of  tlie  assassination. 

Cross-examined  by  Mr.  Doster— Q.  What  time  in  the 
morning?    About  G  o'clock. 

Q.  WMiereabouts  precisely  on  F  street  was  it  ?  A.  In 
front  ofCrea^er's  house;  it  lay  as  if  ithad  been  thrown 
under  the  carriage  step. 

Tcstimoisy  of  3.  S.  McJ'hail. 

By  Judge  Holt.— 0.  State  whether  or  not  you  had  a 
conversation  with  Atzeroth  in  prison  in  which  hesa'd 
that  on  the  ni'_'ht  of  the  assassination  of  the  Pres  dent, 
lie  hud  thrown  his  knife  away  in  the  streets  of  Wash- 
ington. 

Ciue-ition  objected  to  ny  Mr.  Boster,  on  the  ground 
that  theconlession  ofthe  witness  was  under  duress. 

Q.  Under  what  circnmstances  was  the  statement 
made  to  you?  A.  I  received  information  that  lie  de- 
sired ti  s^e  me,  and  I  went  to  see  him  accordingly;  I 
found  him  in  a  cell  in  pris  n  in  irons. 

Mr.  Boster  argued  that  the  condition  of  the  prisoner 
was  such  as  to  intimidate  him.  and  to  make  ins  con- 
Irs'-ion  under  such  circumstances  w.as  imiiroper  to  be 
given  iis  evidpn-e,  and  cited  many  authorities  to  sus- 
tain his  obiections. 

Tiie  witness  stated  that  hewas  Provost  Marshal-Gen- 
eral  of  the  State  of  Maryland,  which   lact  Atzeroth 
knew.    Witness  further  stated  that  a  brother-in-law  of 
Atzeroth  was  on   his  force  and  u  brother  was  tern 
porarilyon  his  force  also. 

Both"  of  them  repeatedly  desired  the  witness  to  see 
Atzproth,  and  he  went  tlierewith  the  permission  olthe 
.Secretary  of  War  simply  at  their  instance.  Tlie  pri- 
soner was  in  irons,  but  had  no  cover  over  his  face  or 
head.  The  objection  of  the  Counsel  was  sustained  by 
the  CO'irt, 

Witness  then  answered  the  question  asked  him  in  the 
affirmative. 

Cross  examined  by  Mr.  Boster— Q.  That  was  all  he 
said?  A.  I  did  not  saj*  that.  I  answered  the  question, 
Yes. 

Q.  Did  he  describe  the  knife,  or  name  the  place 
where  he  threw  itaway?  A.  Hesaid  he  threw  it  away 
just  above  the  Hearndon  House,  which  is  on  the  cor- 
ner 01'  Ninth  and  F  streets. 

Q.  Bid  he  also  say  where  his  pistol  was?  A.  He 
stated  that  it  wa^^  at  Matthews  &  Co.'s,  Georgetown,  in 
possession  of  a  young  man  named  Caldwell. 

Q  Didliestate  how  he  got  it  there?  A.  Hesaid  he 
went  there  and  borrowed  $10  on  the  pistol, on  Saturday 
morning.  April  1.5th. 

Q.  Bid  the  prisoner  mention  to  j'ouacertain coat  con- 
taining a  pistol  and  bowie  knile.  and  exchanging  it  in 
the  Kirkwood  House,  and  if  so  did  he  state  who  it  be- 
longed to?  A.  He  stated  that  the  coat  at  the  hotel  be- 
longed to  Harold. 

Mr.  C.  Stone,  counsel  for  Harold,  iu  avery  loud  voice 
exclaimed,  "I  object  to  that  testimony."    (Laughter.) 


66 


TRIAL   OF   THE   ASSASSINS   AT  WASIIIXGTOX. 


Testimony  of  I^ionlenaiit  W.  R.  Keen. 

By  Jiidse  Ilolt.— Q.  Did  you  pa«stheniRhtot  the  14th 
of  April  at  the  Pennsylvania  House,  iu  this  city?  A. 
Idid. 

Q.  Did  vou  seo  Atzaroth  at  the  house  that  night?  A. 
Idid. 

Q.  Under  what  circumstances  did  you  s"e  him  ?  A. 
I  came  into  the  hotpl  abfiut  4  o'clock  on  i?,'iturday 
morning  :  ho  was  in  l)ed  wlien  I  arrived  in  my  room  ; 
I  aslced  him  whether  lie  had  heard  of  the  raurfler  of 
the  President,  lie  said  ye.s.  and  remarked  wliat  an 
awful  tliin'.;  it  was;  alter  thnt  I  went  to  bed,  and  when 
I  awoke,  about  7  o'clock,  lie  was  g-cne. 

Q.  Did  yon  see  his  arms?  A.  Not  there;  when  he  oc- 
cujiied  room  No.  51, 1  saw  him  have  a  kuile  and  a  re- 
volver. 

Q.  How  longbefore  the  assassination?  A.  Ithinlcit 
was  the  Sunday  before,  or  the  Sunaay  a  week ;  I  would 
not  be  positive":  thebowio  Icnife  had  aslieatli.  fA  knile 
wa.s  shown  to  witness.)  I  could  not  swear  that  was  the 
kniie;  but  it  was  a  knile  abmit  loat  size. 

Q.  .State  under  what  circumstances  you  saw  tlie 
arms?  A.  Ilewent  outand  left  the  kni'e  onlhebed; 
I  took  itand  put  it  under  my  pillow;  when  he  canio 
in  lie  ask'd. '•  l.uko,  did  j'on  see  my  kni.e;"  he  said 
he  wanted  that,  and  remarked,  "if  one  fails  I  will 
li.ave  the  otlier;"'  I  linnded  it  to  him    and  be  went  out. 

Q.  Did  ho  have  a  pistol?  A.  Ves,  he  always  carried 
that  around  his  waist. 

Cross-e.xamincd  by  Mr.  Doster.— Q.  Did  vou  know 
the  prisoner,  Atzeroth.  beinre  you  met  hiin  at  the 
Peniisvlvania  House?    A.  Yes  sir. 

Q.  Did  you  speak  about  tlie  assassination  of  tiie 
President  immediately  on  goin'^  into  the  room  that 
morning?  A.  No:  lie  was  in  bed  when  I  came  ri^rlit 
opposite,  and  it  was  five  or  ten  minutes  bel^ore  I  spoke 
to  him. 

Q.  Did  he  say  anything  more  than  that  it  was  an 
awful  thing?    A.  I  believe  that  is  all. 

Q.  W;'.s  lie  undressed?  A.  He  was  In  bed;  I  do  not 
know  whether  lie  was  undressed  or  not. 

Q.  You  mention  the  prisoner  calling  you  Luke,  were 
you  on  intimate  terms  with  him?  A.  Yes;  that  was 
the  only  name  I  ever  heard  liim  call  me. 

Q.  Did. vou  see  liim  aUer  this  alTair?    A.Nosir. 

Q.  When  lie  said  that  if  this  failed  tlie  oth<'r  wouM 
not.  what  eNe  did  lie  say?  A.  I  do  not  know:  this  was 
a  week  or  ton  days  before  the  assa.--sination. 

Q.  At  the  time  you  heard  the  words  liart  you  been 
drinking  with  tlie  prisoner?  A.  Yes.  we  had  two  or 
three  drinks  while  we  were  lying  in  bea. 

Q.  Were  these  remarks  made  after  these  drink.s? 
A.  Yrs. 

Q.  What  kinds  of  drinks  were  these?  A.  Whisky 
coclvtails,  I  believe. 

Q.  Do  you  remember  anything  else  that  was  said  in 
that  interview?    A.  No:  tliat  was  abi.ut  all. 

Test iinofiy  of  W:isJiitij;to:i  liriseoe. 

By  .Fudge  Holt.— Q.  On  tlie  night  ofthe  14th  April  did 
you  seo  tlie  prisoner.  Atzerotli,  and  if  so.  at  what  lim"? 
A.  Idid.scehim;  begot  into  tliec.irat  Si.xth  street, !ind 
rode  towards  the  Navy  Yard;  it  wjs  between  half-past 
eleven  and  twelve  o'clock. 

Q.  What  did  he  say?  A.  He  did  not  recognize  me  at 
all:  afterawhile  I  asked  him  if  he  had  luard  of  t..e 
news;  he  said  he  had;  he  then  asked  me  to  let  him  sleep 
in  the  s'ore  with  me. 

Q.  Wliere  was  your  store?  A.  Down  at  the  Navy 
Yard:  I  told  him  I  could  not  let  him  sleep  there. 

Q.  What  was  his  manner?  A.  He  seemed  to  be  ex- 
cii  ed 

Q.  Did  he  urge  you,  or  seem  to  herery  anxious  to 
sleep  witli  you?    A.  Yes:  lie  aslced  me  three  times. 

y.  Wliat  became  of  him?  A.  He  rode  down  as  far  .is 
I  did:  got  out  when  I  did,  and  aslceil  me  again:  the  pen- 
tlenmn  with  me  did  not  invito  him  to  stop,  and  of 
course  I  liad  no  riglit  to  do  so. 

Q.  How  long  had  .vou  known  him?  A.  Some  seven 
or  eight  .years. 

Q.  Did  he  then  express  his  determination  to  go  any- 
whereelse?  A.  He  said  he  was  going  bncl-c  io  what 
was  formerly  the  "Kimmel"  House,  now  tlie  "■Penn- 
Bylvaiiia"  House,  in  C  street. 

Cross-e.xamined  by  Mr.  Doster.— Q.  Did  you  notice 
the  precipe  time  when  yon  met  .Atzer  )th  that  evening? 
A.  No.  hut  I  think  it  was  about  lialf-past  eleven  or 
twelve  o'clock. 

Q.  What  time  was  it  when  he  left  you  th.it  evening, 
as  near  as  you  can  tell?  A.  Near  twelve  o'clock;  lie 
8top|ied  at  the  corner  of  J  and  (Jarrison  streets,  near 
the  Navy  Yard  to  wait  until  a  car  came  b.ick. 

Q.  What  was  his  manner;  did  he  appear  to  be  dis- 
turbed? A.  I  judged  from  his  manner  that  he  was  a 
little  excited. 

Q.  Had  he  been  drinking?  A.  I  hardly  know;  I  did 
not  notice  particularly. 

Testimony  of  Rev.  Dr.  W.  H.  Ryder. 

Examined  by  Judge  Holt.— Q.  State 'your  residence 
and  prolession.  A.  I  reside  in  Chicago,  and  am  a 
clerg.vman. 

Q.  State  whether  you  recently  made  a  visit  into 
Kichmond,  and  at  what  time?  A.  I  left  Chicago  on 
the  9th  of  April,  and  arrived  In  Richmond  on  the  14th, 
where  I  remained  till  the  21st. 


Q.  While  there  did  you  find  in  the  Capitol  tlie  ar- 
chives of  the  so-called  Confederate  fStates,  and  it  so,  in 
wliat  condition?  A.  I  die!;  they  were  ).retty  generally 
confused,  and  scattered  about  on  the  door. 

Q.  Did  .vou.  iu  common  with  others,  pick  up  papers 
from  the  floor?    A.  Yes, 

Q.  State  whether  the  paper  you  now  hold  in  your 
hand  w.as  picked  up  in  the  Capitol  at  Pichmond  under 
the  circvimstances  vou  mention?  A.  Yes;  I  picked  it 
no  oilher  in  tlie  building  or  immediately  about  ttie 
luiildintr.  or  it  was  handed  to  me  by  some  one  who 
picked  it  up  in  the  rubbish  about  the  room:  tlicre  were 
one  I'r  two  persons  with  me;  tliey  were  stooping  down, 
and  when  they  found  anything  of  importance  tlioy 
would  pick  it  up  and  preserve  it;  in  some  instau'^es  the 
orderly  wiio  was  in  attendance  would  hand  me  some- 
thing.and  I  would  put  it  in  my  pocket;  having  thus 
collected  quite  a  number  of  thitigs.  they  were  tiirown 
into  ,1  common  recei'tacle  and  jnit  into  a  box  and  for- 
warded to  Chicago;  tliis  was  one  of  the  papers  found. 

The  pi  ppr  referred  to  was  read  by  the  Judge  Advo- 
cate, as  loUcws  :— 

"PiciiMiixn.  Februarv  ii.i  M.?.- His  Exce'Ieucy  Jef- 
ferson Iiavis,  President  C.  S.  A:— When  Senator  John- 
son, of  Missouri,  and  myself  waited  upon  you.  some 
davs  since,  i:i  relation  to  the  project  of  annoring  and 
I  arras  ing  the  enemy  by  means  of  burning  tl.eir  sliip- 
ping,  t  iwns,  etce'c.  there  were  several  remarks  made 
by  you  upon  thesubiect  that  I  was  not  fuUv  prepared 
to  answer,  but  which,  upon  subsequentconf-reiice  with 
parties  proposing  the  enterprise,  I  find  cannot  apply  as 
objections  to  the  scheme.  First,  the  combu' tible  ma- 
terial consists  of  several  preparations,  and  not  one 
alone,  and  can  be  used  without  exposing  the  party 
using  them  to  t!'e  least  dnnirer  of  detcctinn  whatever. 
The  preparations  are  not  in  the  hands  olIMr.  Dau'el, 
but  are  in  the  hands  of  Pro  es«or  McCulloch,  and  are 
known  bntto  "mm  and  one(  tlicrp''rty,asluiiderstand. 

•'.Second.  There  is  no  n  cessitv  for  scniiur  persons  in 
theniilit  ryservxo  into  the  enemy's  country,  but  the 
work  may  be  done  by  agents,  and  in  most  cases  by  per- 
sons ign"raiit  of  t!.e  facts,  and.  there'ore,  innocent 
agents.  I  have  seen  enouirh  of  the  elTects  th-it  can  be 
produced  ti>  satis  y  me  th:  t  in  mo'^t  cases  without  any 
danger  to  the  parties  e-.c'a;;ed.  and  iu  others  b,it  verV 
slitrlit.  that:— First.  We  can  lirst  burn  every  vessid  that 
leaves  a  fori.'igu  port  for  the  United  States.  Second. 
We  can  burn  every  tran-jpf)rt  that  leaves  the  liarbor  nf 
New  York,  or  other  Northern  ports,  with  s  'pplies  for 
thearmies  ofthe  enemy  in  the  South.  Thirrt.  Burn 
every  tr.in«port  and  .'.un-Iioat  on  tbe  Mississippi  Piver, 
as  well  as  devastate  thee  nntry  ofthe  enemy  and  till 
his  people  with  t'-rror  and  consternation. 

"I  am  not  a  one  of  this  opinion,  but  many  other  cren- 
tlemen  are  ai  fully  and  thoroughly  iniirSBseJ  with  the 
conviction  as  lam.  I  he'ieve  we  have  the  means  at 
our  command,  if  promptly  appn-priated  and  ei-ergeti- 
cally  applied  to  demoralize  the  Northern  people  in  a 
very  short  t-me.  Fur  the  purpose  of  satisfying  vour 
miiid  upon  the  subject  I  resnecifuliy  but  earnc-tly  re- 
quest tliat  you  will  have  an  interview  witli  General 
Harris,  formerly  a  member  of  Congress  from  Mis'^ouri, 
who,  I  think,  isable.  by  conclusive  jiroofs.  to  conv'nce 
yi'U  that  whiit  I  have  suggested  is  perfectl.v  feasible 
and  practicable. 

"Tiie  deep  interest  I  feel  lor  the  success  of  our  cause 
in  this  struggle,  and  the  conviction  of  the  importance 
of  availing  ourselves  of  every  e'cment  of  del  nse.must 
bemy  excu-e  tor  writing  you  and  requesting  you  to 
invite  General  Harris  to  se-r-  you.  If  you  should  see 
proper  to  do  so,  please  signify  to  me  the  time  when  it 
will  be  convenient  for  ,vou  to  see  him. 

"I  am,  respectfuUv.  vour  obedient  servant, 

"W.  S.  0'D.A.HM." 

On  the  back  of  the  letter  are  two  indorsements,  the 
first  being  "Hon.  W.s.O'Lahm,  Richmond.  February 
12.  ].S''..'J  in  relation  to  plans  and  means  orburningth'e 
enemy's  ship:iiii5r.  itc.  Preparations  are  in  the  hands 
of  Professor  McCnllocrh,  and  are  Iciiown  to  <>nly  one 
pavtv.  He  aslcs  the  President  to  have  an  interview 
with" General  Harris,  Ibrnierl.v  M.  (.;.  from  IMissonri, 
on  tliesiibject."  The  other  is  "The  Secreta'-v  of  ,'-;tate, 
at  his  convenience,  will  please  see  <  General  Harris,  and 
learn  what  plan  he  lias  for  overcoming  the  diirienlty 
lierctoiore  experienced.  J.  D. '20111  February,  1865.  Re- 
ceived February  IT,  l.s(j5." 

Testimony  of  John  Potts. 

Examined  bv  Judge  Holt.- Q.  State  your  occupation. 
A.  I  am  Chief  Clerk  of  the  War  Department,  and  have 
been  so  for  twenty  years. 

Q  Are  yon  per.'ectl.v  familiar  With  the  hand-writing 
of  Jell'erson  Davis?    A.  I  am. 

Q.  Look  on  the  indorsements  signed  J.  D.,  and  see  if 
it  is  iu  his  hand-writing.    A.  In  my  belief  it  is. 

Testimony  of  Nathan  Rice. 

Examined  bv  Judge  Holt.— Q.  State  if  you  are  ac- 
quainted witli  the  handwriting  of  Jefl'erson  Davis. 
A.  I  am;  while  he  was  .Secretary  of  War  1  had  to  sign 
requisitions,  and  of  course  his  handwriting  came  be- 
fore me  every  day. 

Q.  Look  at  the  letter  Just  read,  and  see  if  the  indorse- 
ment is  in  the  handwriting  of  Jefferson  Davis.  A.  I 
should  think  it  wa«. 

Q.  Y'ou  had  ample  opportunity  of  becoming  ac- 


TRIAL   OF   THE   ASSASSINS   AT  WASniNGTOK 


6t 


quainted  with  his  handwi-ititig?  A.  Yes;  I  would 
generally  have  from  ten  to  twenty-five  si«naturps  be- 
fore ine  every  day,  sometimes  signed  in  my  i^resence. 

Testimony  of  General  Joshtia  'IT.  Owen. 

Examined  by  Judge  Holt.— Q.  Do  you  know  Profes- 
sor McCullogh?  A.  I  have  known  n  tientleman  who 
has  been  desiccnated  as  ProfpS'iorMcCulIogb,  I  fiuijpose, 
for  twenty  vears;  he  was  Professor  of  Chcmi~try  at 
Princeton  College  and  Professor  of  liratheinatics  at 
Jefferson  College,  in  Pennsylvania,  where  I  graduated, 
about  isnn  or  1S40:  if  my  recollection  serves  me  right 
he  was  i>n  Assaver  at  the  Jlint  in  Philartclpliia. 

Q.  Do  you  know  where  hehas  been  duringthe  Eebel- 
lion?  A.  Hehas  lieeii  in  PJchmond  in  the  serviceof 
the  Confe:lerates;  I  may  say  liis  father  was  one  of  the 
Comptrollers  in  Washington;  his  name  was  Hugh;  the 
same  name  as  the  present  Secretary  of  the  Treasury. 

Q.  Hid  he  hive  some  distinction  rs  a  chemist?  A. 
Tes.  hewas  perhaps  more  distinguishea  as  a  chemist 
than  anv  other  way. 

Q.  Was  it  in  that  capacity  that  hewas  employed  in 
the  Confederate  service,  as  you  understand?  A.  Ido 
not  know. 

General  ITunter  here  remarked,  during  his  expedi- 
tion  up  the  valley  ho  received  a  letter  writtcMi  by  I\rc- 
Culloirh,  in  which  lie  stated  that  he  had  been  only  a 
Captain  during  the  whole  war,  and  that  )ie  was 
anxious  for  promotion. 

The  Judco  Advocate-General  remarked  the  letter  it- 
self would'he  desirable  to  go  on  record  as  a  part  of  the 
historv  of  the  transaction. 

General  Hunter  said  he  had  given  the  letter  to  a 
brother-in-law,  at  Princeton,  and  that  he  would  send 
for  It. 

Testimony  of  Jnda:e  Abram  15.  OHin. 

Examined  hv  Judge  Holt.— Q.  State  whether  or  not 
on  the  morning  of  the  1.5th  of  April  you  visited  Ford's 
Theatre  and  inspected  what  is  known  as  the  Presi- 
sidenfs  box?  A.  I  was  engag'Hl  on  thel'ith  in  taking 
thedejiositions  of  several  witnesses;  on  Sunday,  the 
16th,  I  visited  the  theatre. 

Q.  State theexamination  which  yon  made  and  the 
condition  in  which  you  found  the  President's  box.  donrs, 
etc.?  A.  The  first  incir'ent  to  wh'ch  my  attention  was 
called  was  theinosion  in  the  wall  prepared  to  receive 
a  brace,  the  other  end  ot  which  was  to  rest  on  the 
hand  of  t!ie  door:  the  brace  itself  wiis  not  there:  I 
refer  to  the  do(M-  across  the  jiassage  lead'ng  to  the  box; 
It  crosses  it  at  an|ina:le with  the  wall,  and  a  brace  litt;  112: 
against  the  wall  and  pressing  aL'ain-t  the  door  wo\i!d 
fasten  th^dnor  very  securelv:  I  loo'^ed  forth-;  remains 
of  the  plastering  that  had  hp(-n  cut  frnm  thewaUin 
making  I  he;  incision,  but  as  tar  as  I  could  discern,  t'ley 
had  :;llbe'n  removed;  it  was  sa  d  to  me  that  the  pistol 
was  discliarged  through  the  panel  of  the  door;  tiieen- 
trance  to  thisiiassase  issomewli-  til 'rk;  1  irocui'Cd  a 
light  and  examined  very  c.irefiiUy  the  hole  through 
the  <loor:  I  discovered  at  once  that  ilia t  hole  had  be'^n 
made  by  some  small  instrnments  first,  and  cut  onl  bv 
some  sharp  instrument  li;;e  a  penknife;  I  t;;ought 
I  remarked  the  evidence  of  a  sharp  knife  used  in 
clear. tig  out  every  obstacle  to  looking  throu','h  the 
door;  I  then  discovered  that  the  clasp  which  fastened 
the  first  door  for  the  box  was  made  with  a.  movable 
partition,  to  lie  used  as  one  or  tw.)  hoxe-.and  therefore 
wilh  twodoors;  I  sawthat  the  upper  screw  holding  the 
clasp  had  lieeu  loosened  in  such  a  way  that  when 
the  door  was  locked,  by  initt'iig  mv  foref'nrrer 
against  it,  I  could  open  the  door;  I  desired  to  ascer- 
tain the  exact  position  of  the  Pre'ideut's  chair  and 
for  that  purpose  procured  JTi'-.s  >Iarris  to  acciimpany 
me,  having  understood  she  was  in  the  liox  on  that  oc- 
casion; she  located  the  chair  as  n'^arly  as  she  recol- 
l?cted  it  where  it  was  placed  on  the  evonin  ;,  and  in 
seating  myself  in  the  chair,  and  closing  that  do-ir.  a 
person  coiild  place  his  eve  near  tho  hole, and  tlvrange 
would  he  about  midway" from  the  base  of  the  crown. 
I  directed  my  inquiries  to  ascertMin  the  pii'cise  time 
of  the  occnrrence,  as  there  was  some  luicertainty  as  to 
whether  the  atta.ck  on  Mr.  Sewurd  and  the  assassina- 
tion of  t:-.e  Pr:  sident  was  by  one  or  more  persons. 

Q.  Didvousee  th.e  bar  ti:at  had  bee;)  1  i.iced  a-ramst 
the  door.'or  had  it  bee-i  removed?  A.  It  had  b'eii  re- 
moved bv  some  one;  you  cou'd  see  the  indentation  in 
the  panel  of  the  door  "wherethe  brace  had  beiMi  jiit.  in 
verv  well;  it  was  quite  perceptible  where  the  brace 
had  been;  a  brace  fixed  in  the  wall  and  placed  against 
the  panel  of  the  dcorwould  have  been  very  dil'icultto 
remove  irom  the  outside;  I  don't  think  itcould  have 
been  removed  without  breakincj  the  door.  and.  in  fact. 
the  more  jiressure  that  was  made  on  the  door  the  more 
secure  it  would  be. 

Q.  Did  the  hole  bear  evidence  of  havincbpcn  recently 
made?  A.  Yes;  it  was  a  freshly  cut  Ivle.as  Iresh  ap- 
parentlv  asif  it  had  been  made  that  instant. 

Q.  Can  you  describe  thechair  in  which  thoPresident 
sat?  A.  It  was  alarge,  h'gh-back  chair,  an  armctiair, 
standing  on  c  istor  ;  I  thought  I  could  discern  where 
his  head  rested,  and  although  the  criveriiig  itself  was 
red,  themarks  of  several  drops  of  biood  could  be  seen. 

Cross-examined  by  Sir.  Doster.— O.  Will  you  stati> 
whether  the  civil  courts  of  this  Di-trict  are  .supposed 
to  Bit  by  couseut  of  and  to  carry  out  the  will  ol  Lieut. - 


General  Grant?  A.  I  really  do  not  know  of  anyone 
who  f  upiios'^s  that:  at  least  he  has  given  me  no  infor- 
matirn  on  tho  subject. 

A  pause  of  a  minute  or  two  here  occurred,  during 
which  the  members  of  the  Court  conversed  with  each 
other  in  a  low  tone.  ' 

Wr.  Doster  said.  "As  there  seems  to  be  considerable 
objection  to  the  question,  I  desire  to  state  why  it  was 
asl-ed:'  — 

The  President  of  tho  Court  said  no  objection  was 
male  to  tho  question,  and  it  has  been  answered,  and 
no  explanation  is  therefore  necessary. 

Rr-ExamioiaJion  of  Major  Rathbone. 

By  Judcre  Holt— Q.  Did  you  go  to  the  outside  door 
after  the  shot  had  been  fired  in  the  President's  box 
and  examine  how  it  was  closed?  A.  I  did,  for  the 
purpose  of  calling  medical  aid. 

Q.  In  what  condition  did  you  find  it  ?  A.  I  found  the 
door  barred,  so  that  people  who  were  knocking  on  the 
outside  could  not:  get  in. 

Q.  Did  you  make  an  attempt  to  remove  the  bar?  A. 
I  did  remove  it  with  diriicnltv. 

Q.  Was  tliat  after  you  had  received  a  stab  from  the 
as  astin?    A.  It  was. 

U.  Is  that  (bar  exliibited  to  witness)  blood  on  the  bar 
frnm  your  arm  ?  A.  I  am  not  able  to  say,  but  my 
wound  was  bleeding  i'reely  at  the  time. 

Q.jin  what  Condition  did  you  iind  the  bar?  A.  It  ap- 
peared to  be  resting  against  tiio  mnnldinir  of  the  doer, 
and  I  think  itcould  not.  have  been  loosened  out  by  any 
one  p'lshiug  from  the  outside. 

Q.  Did  you  notice  thechair  in  which  the  President 
sat  in  larticiihir?  A.  I  did  not,  except  t,hat  it  was  a 
large  ea  ;v  chair,  covered  with  damask  cloth. 

Q.  Do  you  not  know  whether  it  had  rockers  or  not? 
A.  Mv  impression  is  that  it  nad. 

Q.  Is  that  the  bar  the  floor  was  closed  with?  A.  I 
am  not  able  to  say  whether  it  is  or  not;  my  impression 
is  that  it  was  a  diirerent  piece  of  wood. 

Test  Jmoiiy  of  Isaac  .Ia<ii«eft. 

By  Judge  Holt.— Q.  Did  you  find  that  bar  in  Ford's 
Theatre,  and  if  so,  under  what  circiiiiistanees  and 
when?  A.  After  we  had  carried  the  President  out  I 
wenttothebox  wilh  several  others;  this  far  was  lying 
on  the  floor  inside  t'le  first  door  going  to  the  box;  I 
took  it  up  and  sdod  about  there  lor  some  time,  and 
look  it  home  witli  me. 

Q.  There  has  been  apiece  sawed  off,  do  you  know 
anything  in  re'erence  to  that?  A.  Yes;  there  wa-i  an 
o'licer  stopping  at  t!ie  house  where  I  was  boarding 
who  wanted  a  pi^'Ce  of  t!  ebar  to  tal-te  awa\-  with  him, 
and  it  w:issav,ed  off,  but  he  did  i:ot  finally  takeitaw.ay 

Q.  Are  (here  .spots  of  blood  upon  it?  A.  Yes,  they 
were  frssh  at  that  time. 

Re-£xainanatioi9       of       Joe       liCinimons 
(Colored.) 

By  Judse  Holt.— Q.  Dirt  you  see  persons  eii!raged  in 
decorating  the  President's  box  on  the  a  ternoon  of  the 
day  of  the  murder?  A.  Yes;  Mr.  Htirr.v  Ford  and  an- 
otiier  gentleman,  I  doint  know  h!a  n:ime  exactly, 
were  np.tliere  fixng  it:  Mr.  Ford  told  me  to  go  over 
to  liis  room  and  f.-ei;  a  rocking-chair,  bring  it  down  and 
put  it  in  the  Presidents  box;  I  done  so;  I  carried  the 
chair  into  the  I'r''sident's  box,  set  it  down  and  weut 
away;  that  is  el  I  I  know. 

Q.  Had  it  been  therebefore?  A.  Notthis  season. 

Q.  Wasthe  backof thi.schairyoubroughtdowu,  high 
or  low?  A.  A  high-backed,  cushioned  liiair. 

Q.  Did  yon  see  the  prisoner  Edward  .Spaiigler  on  the 
occasion?  A.  'J'here  was  no  one  in  tlure  but  Harry 
Fovd  and  t!:is  oilier  gent'eman,  who  had  been  lixing  it 
and  star'!  d  to  come  down. 

Q.  WasSpaimler  (  n  the  stage  that  evening?  A.  Yes; 
lie  was  oblived  to  be  there  ail  the  time;  no  worked 
there  altoatetiier,  I  hesame  as  I  did;  he  had  nothing  to 
call  1  ini  away,  except  when  he  went  to  his  boarding 
house;  he  w.as  not  tlnre  on  the  stage  when  the  chair 
was  carried  into  the  box. 

Cross-examination  tiy  Mr.  Ewing.— Q.  You  did  not 
see  Mr.  Slangier  on  the  stage,  did  you?  A.  No;  I  did 
not  noticehi  n  particularly;  I  had  been  there  so  long 
I  hardlv  ever  n  .  icd  genth-men  s  >  pariic.ilarlv 

CI.  And  yon  do  not  know  but  what  he  might  have 
had  so,:\etliing  to  call  him  away  just  at  that  time?  A. 
No  sir.  I  do  not. 

Q.  Who  was  this  other  gentleman  in  the  box  with 
Harry  lord?  A.  I  may  be  mistaken,  but  I  think  his 
name  is  Buckin'-rham. 

Q.  Was  he  employed  about  the  theatre?  A.  Hestayed 
there  at  miiht  for  to  take  tickets;  he  was  a  door- 
keener  in  fruit  01' tlif  house;  I  think  hewas  helping 
Harrv  Ford  to  fi.x  the  private  box. 

Q.  At  wh  itliour  in  the  evening?  A.  A  little  alters 
o'clock;  I  should  think  it  might  have  been  later  or 
sooner:  I  had  been  out  in  the  cay  taking  bills  around; 
I  was  about  goiu't  on  the  fly  ;  I  took  my  nieaU  where- 
evor  I  could,  and  wi;en  hecalled  me,  I  put  down  my 
meal  and  got  the  chair. 

Q.  Did  vou  seeSjiangler  as  you  went  to  the  box  at 
all?  A.  No;  not  when  I  went  to  the  box  nor  when  1 
came  av.-tvv 

Q.  Describe  the  chair?  A.  There  is  no  chair  here 
lik"^' it;  it  was  one  of  those  high-backed  chairs,  with  a 
high  red  cushion  on  it,  covered  with  satin;  the  last 


68 


TRIAL   OF   THE   ASSASSINS   AT  WASHIXGTOX. 


season,  when  tlieyprotit,  it  was  in  the  private  box, 
but  Mr.  Ford  tokruie  take  it  out  of  the  box  and  cairy 
it  up  to  I. is  room. 

Q.  Was  the  lurniture  there  manufactured  for  the 
box.  and  was  it  of  tliesamecharnctor  as  the  chair?  A. 
Yes;  asoTa  arid  some  ctlicrchairs:  it  was  not  my  bu- 
Blness  t  )  be  lookiu;;  in  this  place,  and  I  nevor  no:  iced 
only  when  I  was  sent:  Iheso  a  was  covered,  I  ihinl<. 
with  thesame  material:  I  do  not  know  whethor  the 
furniture  was  bought  as  the  property  of  the  stage  or 
the  private  bo.\. 

By  Judge  Holt,— Q.  Did  you  takealarpce  chair  out 
of  this  box  at  the  time  you  put  this  one  in?    A.  No  sir. 

Rc-i:.vnnii]iation  of  John  .J.  Toffoy. 

Ej'  Judge  licit.— Q.  Since  yon  were  examined  yester- 
day statewhether  you  have  been  to  a  stable,  and  the 
borse  of  which  j-ou  weres  p^akini^?  A  Yes;  I  lound 
him  on  the  corner  ofSeventeentli  and  I  streets. 

Q.  Did  yon  recognize  him  as  the  liorseyo\i  took  up 
with  the"  saddle  and  bridle  under  the  crcumstances 
you  mentioned  in  your  teslimony?    A.  Yes,  sir. 

E\- the  Court— Q.  Is  there  anything  peculiar  about 
thai  horse  or  which  .vou  were  spcalcin'-j?  A.  Yes;  I 
found  h  ni  on  tliecorrier  of  Seventeenth  and  I  streels. 

Q.  Dldy'iu  r  'co^ni  '.e  him  as  the  horse  .voii  took  u|) 
with  t'.ie. saddle  and  bridleunderi  hecircumstances  you 
mentioned  in  your  testimony  ?    A.  Yess;r. 

By  the  Court.— Q.  Is  there  anvtliing  peculiar  about 
that  horse  which  enables  you  to  recognize  him  ?  A. 
Yes;  bis  being  blind  in  the  right  eye. 

T(>s(imony  of  William  Enton, 

Examined  b.y  Judge  Holt.— Q.  State  whether  or  not, 
after  the  assassination  of  the  President,  vou  went  to 
the  room  Of'  J.  Wilkes  B  ioth.  at  tlie  National  Hotel, 
end  opened  his  trunk?  A.  I  did  go  there  tliatsame 
even  n?i!iidi  rlheaathority  of  the  Provost  Marshal, 

Q.  Wliut  d  d  you  do  on  arriy in^  there?  A.  I  lound  .T. 
"Wiikes  Booth's  room:  I  was  shown  to  it  by  the  book- 
keeper;! took  charge  ofwiiat  things  were  in  his  trunk: 
the  pai)er-i  were  taken  to  the  Provost  Marsha's  ollice, 
and  handed  over  to  Lieut.  Terry;  I  placed  them  in  his 
bands. 

Testimony  of  Iiientenant  Terry. 

By  Judcre  Ho  t.— Q.  State  whether  you  are  attacbed 
to  the  oiUce  of  the  Provost  Marshal  of  tais  city.  A. 
Yes,  to  Colonel  Ingraham's  oHice. 

Q.  State  whether  or  not,  after  the  assassination,  the 
witness  Eaton  plaed  in  .vour  hands  eeriaiu  paiiers 
which  lie  represeited  to  have  been  taken  from  the 
trunk  of  J.  Wilkes  Bioth.    A.  He  eid. 

Q.  State  whether  the  letter  .vou  hold  in  your  hands 
was  one  t)f  these  inipers?  A.  Yessir;  the  envelope  was 
addressed  to -'J.  Wilkes  Booth,  Ksq.,  National  Hotel. 
Washinjitoti.  D.  C.,'' and  postm-irked  seemiusly '•Bal- 
timore. Maryland,  March  .30th."  The  letter  was  read 
by  Colonel  Burnett  to  the  Court,  as  fullciws:— 

HooKSTOWX.  Baltimore  Co.. March  21.  I'fio. 

Dkak  John:  — Was  bushiess  so  important  that  you 
could  not  remain  in  Baltimore  till  I  saw  you  ?  I  came 
in  as  .soon  as  I  could,  and  found  .vou  had  gone  to  Wash- 
ington. I  called,  also,  to  see  Mike,  but  learned  )rom 
his  mother  he  had  gi  ne  out  with  .vou  and  had  not  re- 
turned. I  concluded,  there.'ore,  he  hail  gone  wilh  you. 
How  Inc  nsiderate  you  have  been.  Wlien  I  left  you, 
you  stated  we  w.,uld  not  meet  for  a  month  or  so:  there- 
fore I  made  application  foreinployuent.au  answer 
to  which  I  shall  receive  during  the  week.  I  told 
my  I  arents  I  had  ceased  with  you.  Can  I 
then,  under  existing  circumstances,  come  as  .vou 
request?  You  know  full  well  the  (Jovernment  sus 
picions  something  is  goingoii  tl.ure;  therelor-' t.ie  iin- 
dertakingis  becoming  more  complicat'd.  Whv  not. 
lor  the  l>resent.  desist,  for  various  reasons,  which  if 
J'ou  look  into  you  can  readilj'  see,  without  m.v  mak- 
ing any  mention  thereof.  Vou  nor  any  (me  can  cen- 
sure me  for  my  jjresent  course.  You' have  been  iis 
cause,  ibr  how  can  I  now  come  afier  telling  them  I 
hadle^tyou?  Suspicion  rests  upon  me  now  from  m.v 
whole  familj',  and  even  parties  iu  the  country.  I 
will  be  compelled  to  leave  home  anyhow,  and  how 
soon  X  care  not.  Ko,  not  one  was  nioie  in  (or  the 
enterprise  than  myself,  and  today  would  be  rhere.liad 
you  not  done  as  you  have;  by  thislmeanthe  mannerot 
proceeding.  I  am. asyou  well  know,  in  need:  lam. you 
may  say.  in  rags:  whereas,  to-day  I  ought  to  be  well 
Clothed.  I  do  not  feel  right,  stalking  about  withcut 
means,  and  from  apjie:, ranees  a  bcgar.  I  feel  tny  de- 
pendence, butcven  this  was  (orgotten,  for  I  was  one 
with  j'ou.  Times  more  propitious  will  arrive:  you  do 
not  act  rashly  or  in  baste.  I  would  prefer  your 
first  way.     Go    and    see    how    it    will    lie    taken  in 

E d,   and  ere   long    I   shall    be  better  prepared 

to  again  a  sist  you.  1  dislike  writing:  would  sooner 
verball.v  make  known  m.v  views;  yet,  you  now  wait- 
ing, causes  me  tlius  to  proceed.  Du  not  in  anger  peruse 
this.  Weigh  all  I  have  said:  and.  as  a  rational  man 
and  a  friend,  you  cannot  censure  nor  upbraid  mv  con- 
duct. I  sincerely  trust  this,  nor  tmght  else  that  should 
or  ma.v  occur,  will  ever  obliterate  our  former  friend- 
Bhip.  Write  me  to  Baltimore,  as  I  expect  to  be  in  about 
Wednesday  or  Thursda.v:  or.  if  you  can  po,ssibly  come 
on,  I  will  truly  meet  .vou  in  Baltimore, at  B  corner. 

"I  subscribe  myself  your  friend,  '-SAM." 


Testimony  of  Woiliani  MoPhaill. 

Q.  Are  you  acquainted  with  the  handwriting  of  the 
prisoner,  Samuel -Vrnold?    A.  lam. 

Q  Will  you  look  at  this  letter  and  say  if  it  is  in  bis 
handwriting?    A.  Aessir. 

By  Mr.  Coxe.— Q.  How  did  you  become  acquainted 
with  his  handwriiing?  statj  that  first.  A.  He  once 
ulaced  in  mv  hand  a  written  statement. 

Q.  What  instrument  did  he  place  iu  your  hands?  A. 
A  conf.'ssion. 

Q.  When  did  be  write  it?    A.  On  the  18th  of  April. 

Q.  Where?  A.  In  the  back  room  of  Marshal  Mc- 
Phail's  office. 

Q.  Where  is  that?  A.  On  west  Fayette  street,  near 
Hiilliday.  in  Baitmiorc;  the  paper  w.ds  handed  tome, 
and  b.v  ni'i  to  tlie  Marshal;  of  its  arrival  in  Washing- 
ton I  did  not  know  aii.vthing.  only  I  was  informed  of 
its  liaving  been  hatided  to  theSecretarv  of  War. 

Q.  And  that  was  a  paper  purporting  to  be  a  state- 
ment otail  tiiat  he  k:iew  of  tnis  affair?    A.  Yessir. 

TesSJinony  of  .Marshal  McS'hail. 

Q.  St<ite  whether  .vou  are  acquainted  with  the  hand- 
writingof  tlie  jirisonir,  Samuel  Arnold?  A.  Only  by 
receiving  a  letter  from  him.  which  was  handed  me  by 
his  father,  and  dated  the  ICtli,  at  Fortress  Monroe. 
The  letter  being  then  shown,  the  witness  said,  "  Yes, 
this  looks  like  it:  this  i  <  the  letter." 

Q.  Whose  handwrinig  is  that  indorsement  on  the 
back?    A.  I  should  think  it  was  Mr.  Arnold's. 

Q.  Have  you  looked  at  the  body  of  the  letter?  A. 
No  sir. 

Q.  You  looked  at  the  handwriting?    A.  No  sir. 

Q.  Do  you  thnik  it  is  bis?    A.  I  do,  sir. 

Testimony  of  Littleton  Xewman. 

Q.  Are  you  acquainted  with  the  handwriting  of  the 
prisoner  Arnold?    A.  No  .sir. 

Q.  I)o  vou  know  him?    A.  Yessir. 

O.  WiUyiiu  state  whether  or  not  some  time  last  fall 
you  were  present  when  he  received  a  letter  in  which 
money  was  inclosed;  ii  the  money  was  exiiibited  to 
you.  and  what  was  thecharacter  o.  this  letter.'  A.  On 
the  Sit  h  or  illh  of  September  tnere  was  a  letter  brought 
to  him:  tliere  was  in  the  sme  twnty  or  fi  ty  dollars.  I 
do;i  t  recoPcci  wh'ch:  1  reiuari^ed  be  was  fiijsh.  or  had 
niuiicy  and  having  read  the  leacr.  he  hatided  it  over 
to  me  and  I  read  scnie  ball  dozeti  1  nes.  but  I  did  not 
nnder^land  it:  itwas  very  anibigcous  in  its  language, 
atid  I  asked  h'la  what  it  m  ant;  h'.said  it  wassomo- 
th.ng  big.  and  I  would  soon  see  in  the  papers,  or  some- 
thing to  that  eU'eet. 

Testimony  of  Kthnn  .1.  Horner. 

Q.  Will  .vou  state  whether  or  not  some  days  after  the 
a.ssassination  of  the  President,  you  arrested  the  pri- 
soner Samuel  Arimld?  A.  Uu  "the  m^  r.iin','  of  the 
17th  of  April  Last,  Mr.  Allen  and  myself  arrested  him 
at  Fortress  Mo  iroe. 

Q.  Did  yoti  lind  any  arms  in  his  possession?  A.  Yes 
sir  :  wo  took  them  in  the  room  at  the  back  ot  filestore 
in  which  he  slept:  we  searched  his  person  and  a  car- 
pet-bag and  got  a  pistol :  he  said  he  had  another  pistol 
and  a  kniie  also  at  his  lather's  place  near  the  Hooks- 
town  road. 

Q.  What  kind  of  a  pistol  was  that  you  found?  A. 
A  Colt's  pistol. 

Q.  Wasit  like  th.at  ishowing  the  witness  a  pistol)?  A. 
No  sir:  not  like  that;  but  he  said  be  left  a  pistol  like 
that  at  liis  father's. 

By  Mr  Dwing.— Didn't  he  say  he  left  a  knife  and  a 
pisiol  at  Hookstown.  and  what  else  did  he  sav  to 
.vou?  A.  He  made  !'•  verbal  statement  to  us  at  Fort- 
ress Monroe:  there  was  a  letter  given  us  b.v  his  father 
to  give  to  liim  when  we  arrested  him.  aiid  alter  we 
handed  him  the  left  "rand  he  had  read  it  j  a'=ked  him 
if  lie  was  po'og  to  give  u  u!e  statenictit.  and  lie  gave 
lis  (VI",  toeeiher  w'th  the  names  of  certain  men  con- 
nected wi  h  tiieabd'iction,  or  lather  with  the  kidnap- 
ping of  Abraham  Lincoln. 

Mr.  Cox  here  rose  and  objected  to  any  confession 
made  by  ilie  prisoner  tiiat  woiil  I  or  might  tend  to  evi- 
dence a'-'ainst  any  other  of  the  accused. 

Mr.  Ewing  .and  iMr.  Cox  h.id  a  Icngthv  argument, 
which  fiiial'v  resuhed  io  a  ruling  b.v  the  Court,  admit- 
ting as  evidence  the  statement  of  the  witness  of  the 
whole  conversation  that  took  place  at  tlie  lima  re- 
ferred to. 

The  w'tness  then  continued,  and  said  the  Jirison-T 
had  stated  to  him  that  about  two  week  >|irnvioiis  to  his 
goin.g  to  Fortress  Monroe  bo  was  at  a  meeting,  held  at 
the  Liciiten  House;  1  asked  fiim  who  attended  the 
meeting,  and  he  gtivo  me  toe  names. 

llerethe  witne  s  took  out  a  paper  and  read  tliere- 
from,  J.  W.  Booth,  M.  O'Lauyhlin,  (i.  \V".  At  eroth, 
John  Surratl,  and  a  man  with  an  alias  of  Moseby, 
and  a  small  man  whose  ntime  I  couldn't  recollect. 

Q.  Did  lie  say  whether  he  was  present  at  the  meet- 
ing himself?  A.  Yes  sir:  I  asked  him  if  he  corres- 
ponded with  Booth:  he  said  first  that  he  did  not:  then 
1  mentioned  to  him  a  letter  published  in  the 
SKUctay  Ain<rican,  where  there  was  given  a 
statement  of  a  letter  found  in  J.  Wilkes 
Booth's  trunk,  and  I  mentioned  to  him  that  the  letter 
was  mailed  at  Hookstown  and  signed  ".'-Jam:"'  when  he 
said  that  be  bad  written  that  letter,  and  that  evening 


TRIAL   OF   THE    ASSASSINS   AT  WASHINGTON. 


69 


we  brought  him  to  Baltimore;  I  asked  him  if  Wilkes 
IJooth  was  ac;i  aintrd  any  in  St.  Mary's  county  or 
Charles  c;;iint\-.  and  ho  said  he  had  letters  ofiutrodiic- 
tioii  t )  Jjr.  Wii'Ul  i.nd  Dr.  Queer;  I  asked  who  he  (.-ot 
them  from, and  I.e. said  ho  did  not  know;  we  proceeded 
to  iJaUimuro  and  I  lelt  him  ui  the  otlice  of  the  Provost 
Marslial. 

(J.  I)i  1  he  not  state  to  you  any  description  of  what 
touk  i.lace  at  t!ic  meeting'.'  A.  Yes;  I  recollect  his 
sa.vin^j  tliat  Boi,th  s-'Ot,  an;;r,v  at  him  l.ejause  he  said 
if  the  t'aing  was  notdone  that  wie'.c  be  would  with- 
draw, and  tliat  B.;otU  then  said  lie  ouglit  to  be  shot, 
and  he  replied  it  took  two  to  play  at  thatffame. 

Q.  Didho  not  say  t  i  ynu  lliat  he  then  withdrew  from 
the  arran.Liemint,  and  acoe|ited  a  position  with  John 
'VV.  Walton,  ;it  l-'ortres<  Wonr(je?    A.  Yes  sir. 

Q.  Did  he  state  tiie  e.xact  date  when  Unit  meeting 
■was  held  at  Wasliin.gt;in?  A.  He  may  have  doue  so 
but  I  caunot  recollect  it, 

Q.  Did  he  tell  yc\i  that  he  had  seen  Booth  since 
that  night?  A.  I  d  >n't  recollect  whether  he  said  he 
had  seen  Booth  since  tijat  evening,  but  he  said  lie 
woald  nut  have  any  connection  with  things  if  it  was 
riot  doue  during  that  week,  and  that  Booth  said  he 
would  be  justihed  in  shooting  him  if  he  should  with- 
draw. 

c;ross-e.\'amined  b.v  Mr.  Ewing.— Did  he  not  state  to 
you  that  he  d,d  alterwards  withdraw?  A.  He  may 
have  said  so,  hut  I  don't  recollect. 

Q.  He  said  to. youthen  that  alter  that  time  he  had 
had  niithingiurther  to  dowitlithecouspiracy?  A.  Yes, 
heEaid  that, 

Q.  D.d  he  say  where  he  went  then?  A.  He  went  to 
Fortress  Monroe  and  accepted  the  position  under 
Walton. 

Q.  Did  he  sa.v  what  time  he  accepted  it?  A.  The  1st 
da.v  of  April  or  the  last  day  of  March,  I  am  not  cer- 
tain which. 

Q.  Did  he  not  say  this  interview  was  at  Gautier's,  in- 
Btead  of  the  Lichlen  IJouso?  A.  I  may  be  m.stalcen, 
but  1  tliiulc  he  said  the  Bichten  House;  I  knew  he  said 
it  was  in  Louisiana  avenue,  between  Sixth  and  Four- 
and-a-half  streets. 

Q.  Didhesay  anj'lhing  as  to  what  had  been  the  pur- 
pose o,  the  part, es  a  ter  the  lime  liowithdrew?  A.  lie 
said  the  pinin  se  of  the  pai  t.v  wlieu  lie  was  a  member 
of  it,  was  to  a'idiict  tlK'  hiailsot  theGovernm'^ni,  so  as 
to  lorce  I'.e  Kc  rth  to  have  an  exchange  of  priso  ;ers, 
or  souK'thinj  to  that  ellect;  I  asked  him,  ais,),  what 
his  part,  was  to  be  ill  the  conspiracy,  and  I  think  he 
saidthat  he  was  to  ca'ch  the  President  when  he  was 
thrown  fro:M  tlie  l)0.x  or  tlie  theatre. 

With  t:;eexcepli  III  of  O'Laughlin  and  Mrs.  Surratt. 
all  theprisoneiM.jOincd  in  the  lau;h  wiiich  tliei  leti  of 
Arnold  catching  Mr.  Bincoiu  in  his  arms  naturally  in- 
duced. 

CJ.  Did  he  say  anything  as  to  his  writing  a  I'i'tter  to 
Bootli,  or  as  to  Bo  ith's  importuning  him  to  continue 
m  the  plot?  A.  There  was  a  good  deal  of  talking,  and 
I  don't  recollect  all  that  was  said. 

Q.  Don't  yiiu  recollect  h  s  saying  that  Booth  went  to 
his  father's  house  twice  alter  that,  i;i  order  to  get  him 
to  CO  on  with  the  conspiracy?  A.  No  sir;  1  do  not  re- 
collect thtit. 

U.  Did  he  say  anything  as  to  whom  the  arms  be- 
longed? A.  I  asked  him  where  he  got  the  iiriiis,  and 
he  said  Booth  got  th'^  arms  k  r  the  whole  party. 

Q.  Didn't  ho  say  Booth  told  him  when  he  left  the 
conspirac.v  to  sell  thearms?    A.  Yes  sir, 

Q.  To  what  arms  was  he  then  alluding?  did  j'ou  un- 
derstand him  as  re'erring  to  the  arms  at  his  father's 
house,  to  the  one  pistol?  A.  Booth  told  him  to  ,se;i  the 
arms, 

U.  Did  .vou  understand  liim  to  mean  that  the  pistol 
was  part  of  the  arms  lliat  he  had  at  his  lather's  house, 
the  same  arms?    A.  Yes  Sir. 

By  Mr.  Cox.— Did  he  state  to  you  that  that  was  tne 
first  and  only  mooting  he  ever  attended?  A.  No  sir;  it 
was  the  first  n  e^'ting,  from  what  lie  t.ild  me. 

Q.  Did  lie  tell  you  that  the  meeting  came  to  the  con- 
cluinon  that  the  plot  was  impracticable?  A.  He  said 
he  did. 

Q.  Did  he  tell  you  that  they  did  ?  Didn't  he  s.iy  that 
the  scheme  foil  through  because  they  all  CDncluded  it 
impracticable?  A.  He  only  said  that  he,  individually, 
considered  it  so. 

By  J  udge  ilolt.— _Q.  Did  T  understand  you  to  say  that 
the  meeting  itself  Jiad  determined  to  nband  ui  the 
attack  oil  tiie  President?  A.  No  sir;  only  himself 

Q.  f^tate  whether  you  found  a  rope  in  his  carpet  bag 
at  Fortress  Jlonroe.    A.  I  don't  recollect  any. 

Q.  Did  he  not  tell  you  what  the  date  of  the  meeting 
was?  A.  Ho  may  have,  hut  I  don't  recollect;  it  was  a 
week  or  two  bo  ore  ho  went  to  Fortress  Monroe;  he 
might  have  said  three  weeks. 

3y  Mr.  Aiken.— Q,  Was  the  name  of  Mrs,  Surratt 
mentioned  to  you  by  Arnold?  A.  No  sir,  not  to  my 
recjllection. 

By  Mr.  Ewing.— Q.  Did  you  examine  his  carpet  bag 
at  Fortress  Monroe?    A,  Yes  sir. 

Q,  You  found  no  rope  there?  A.  I  don't  recollect 
anv. 

Q.  Did  he  not  say  to  you  that  Booth  had  a  letter  of 
introduction  to  Mr.  Queen  or  Dr.  Mudd?  A.  No  sir, 
I  understood  him  to  say  unii  Dr.  Mudd. 


Q.  Which  Dr.  Mudd?  A.  There  is  only  one,  I  think, 
in  Charles  county. 

By  Mr,  Stone.— Q.  Did  he  speak  of  Mr.  Queen  or  Dr. 
Mudd?    A,  Dr,  Queen  and  Dr.  Mudd, 

Testimony  of  Mr.  TSioinas. 

Q,  State  whether  or  not  .vou  are  acquainted  with  the 
15rlso:ier  at  the  b,",r,  Dr,  Mudd?    A.  I  am,  sir. 

Q.  State  whether  or  not  some  weeks  since,  before 
the  assassination  of  the  President,  you  saw  him  and 
had  a  conversation  with  him.    A,  Yes  sir. 

Q.  Where  did  it  occur?    A.  At  Mr.  Downe}''s. 

Q.  In  that  conversation  did  he  speak  of  the  Presi- 
dent of  the  United  States?  A.  He  said  that  the  Presi- 
dent of  the  United  States  was  an  Abolitionist,  and  that 
tlie  wliole  C.ibliiet  were  such,  and  that  the  South  would 
not  be  sub.iugated  under  Abolition  doctrine;  he  said 
the  whole  Cibiiiet  would  be  killed  within  six  orseveu 
weeks  and  every  Union  man  in  Baltimore;  he  made  a 
remark  to  me  ti:at  I  was  no  be  ter  than  they  were. 

Q,  Was  he  silent  in  his  manner?  A.  He  was  not 
much  excited. 

Q.  Did  you  have  any  conversation  with  him  about 
potitic^;?  A.  I  made  the  remark  tliat  the  war  would 
soon  be  over;  that  S  )Utli  Carolina  and  Richmond  were 
taken,  and  we  would  soon  have  peace;  then  he  went  on 
stating  that  the  South  never  would  be  subjugated;  that 
the  I'n'sident  and  Cabinet  were  ail  Abolitionists  and 
wi.uklbii  killed,  and  every  Union  man  in  the  State  of 
Maryland. 

Cross-examination  by  Mr.  Stone,— Q.  How  far  isyour 
place  irom  Dr.  Mudd's?    A,  About  a  mile  and  a  lialf. 

Q.  Did  you  see  him  frequently?    A.  Not  very, 

Q.  Was  Mr,  Downey  present  when  you  had  this  con- 
versation?   A.  I  believe  he  was  out,  sir. 

Q.  How  long  did  he  remain  out?  A,  I  am  not  able 
to  say  p;eclsely, 

Q.  Did  you  have  any  conversation  with  Dr.  Mudd  be- 
fore Mr.  Downey  le;t  the  room?    A,  I  believe  I  had. 

Q.  Helett  while  you  wore  conversing?    A.  Yes  sir. 

Q.  How  did  that  conversation  commence?  A,  It 
commenced  about  the  war:  I  said  the  war  would  sooa 
be  over,  and  that  I  was  glad  to  see  it. 

Q.  Hadyou  been  discussing  the  question  of  exempt- 
ing persons  from  military  service?    A.  No  sir. 

Q.  Nothing  wassaid  about  that?    A.  Notaword. 

Q.  Wlieu  did  this  conven  atioii  occur?  A.  Sometime 
in  March;  in  the  latter  part  of  Marcli. 

Q.  What;  wassaid  after  Downey's  return?  A.  I  asked 
him,  as  lie  had  taken  the  oath  of  allegiance,  whether 
he  considered  it  binding;  hesaidhewas  a  lo.val  man, 
but  he  didn't  consider  the  oath  binding. 

Q.  Hadyou  met  luni  at  Downey's  any  other  time 
during  the  year?    A.  Tnat  was  the  only  time  sir. 

Q.  How  lon.gdid  yoa  remain  there  that  day?  A. 
Halfi  rlhree  qiia-.-ters  of  an  hour,  pi  rliaps. 

Q.  Wai  not  Dr.  IMu  Id's  manner  jocose?    A.  No  sir. 

Q.  D.d  hesecmto  be  ill  earnest?  A.  It  is  impossible 
for  me  t,)  say  wiiether  he  was  in  earnest  or  not. 

Q.  Did  it  leave  an.v  serious  impression  upon  your 
mind?  A.  Nosir.  I  didn't  suppose  such  a  thing  could 
come  to  pass;  I  went  home  and  repeated  what  he  said, 
and  we  all  lauglied  at  it;  I  thought  that  the  man  had 
mere  sense  than  to  use  such  an  expression. 

Q.  Did  Mudd  look  as  IT  he  really  believed  it  himself? 
A.  When  he  flrstsrtid  it  I  couldu'tthink  that  he  meant 
it,  but  after  the  President  was  killed,  and  Booth  had 
been  at  his  house,  I  tliought  that  he  meant  it. 

Q.  Did  he  tell  you  how  ilie  President  and  the  Cabi- 
net were  to  be  killed?    A.  No  sir. 

Q.  Ifyou  had  supposed  that  there  was  any  conspiracy 
would  you  not  have  given  the  information  to  tne  au- 
thorities?   A.  1  did. 

Q.  Wlio  to?    A.  To  everybody  I  saw. 

Q.  Can  you  name  any  one  you  told  it  to?  A.  Yes  sir; 
I  told  it  t  >  m.v  brothers.  I  told  it  to  Watson,  I  told  it  to 
many  persons  in  Woodville,  I  told  it  to  old  Peter 
Wood. 

(i.  But  did  you  give  any  information  to  any  one  in 
autlioniy?  A.  I  wrote  to  Colonel  Hoil.uid  about  it, 
the  I'rovost  Marshal  of  the  Fifth  Congressional  Dis- 
trict ill  Maryland. 

Q.  vriieii?    A.  One  week  af  er  hesaid  it. 

Q.  Dill  .vou  get  an  answer  ?  A.  No  sir,  and  I  came  to 
the  conclusion  that  the  Colonel  never  received  my 
letter. 

Q.  You  are  sure  the  conversation  you  have  detailed 
is  idl  t:iat  occurred?    A,  Yes  sir, 

Q.  Who  le.t  first?    A.  We  leit  about  the  same  time. 

Q.  Did  you  go  together?  A.  No;  I  went  home,  and 
he  went  to  his  house,  I  guess. 

Q,  When  Mr.  Downe.v  returned  didn't  Dr.  Mudd  say 
to  him  that  ,vou  had  been  calling  the  Bebel  army  our 
army?    A.  No  sir  nothing  of  tl'.e  sort. 

Q.  Did  you  mention  this  conversation  to  5'our  bro- 
ther before  the  assassination?    A.  Yes  sir. 

Q.  T.)  which  of  your  brothers?  A.  To  Dr.  John  C. 
Thom.as. 

Q.  Did  you  mention  it  to  Mr.  Watson  before  tbe 
assassination?    A,  Yes  sir. 

Q,  What  is  his  full  name?    A.  Lemuel  Watson. 

Q.  You  spoke  of  Mr.  Wood;  was  it  Peter  Wood,  Sr.T 
A.  Yes.  the  old  man,  sir. 

Q.  Did  you  mention  it  to  him  before  or  after  the 
assassination?   A.  After,  sir. 


to 


TRIAL   OF   THE   ASSASSINS    AT  WASHINGTON. 


Q.  Mr.  Downev   didn't  .seem   to   think   anything  cif 

this  talk  of  Dr.  Mndds'?     A.  I  told   you   he   was   not 

there  at  the  time,  sir,  and  when  I  mentioned  it  to  him 

he  said  he  wa.s  glad  ho  did  not  hear  anything  about  it. 

Testimony  of  Jotin  ISopp. 

Q.  Look  at  that  paper,  and  state  if  you  have  seen  it 
before.    Here  the  witness  read  the  following  telegram: 

"ToM.  U'Laifrliliu,  No.  57  N.  E.xeter  street,  Balti- 
more, Md.:— Don't  you  lear  to  neglect  your  business. 
You  had  better  come  at  once.  J.  BOOTH." 

Q.  S:ate  whether  yoa  are  a  telegraphic  operator  in 
this  city?    A.  I  am  a  clerk  in  the  ollice. 

Q.  State  whethi^  this  despatch  was  sent  at  the  time 
of  its  date?  A.  Yes  sir;  it  was,  but  the  year  should  be 
ISiw,  and  not  18G);  llial's  one  of  the  old  printeu  lorms. 

Q.  Do  you  know  the  handwrilinic  of  John  Wilkes 
Booth?    A.  Yes  sir:  I  saw  him  write  that. 

Cross-e.xamined  l)y  Mr.  Cox.— Q.  "Don't  you  fear  to 
neglects  our  business:  you  had  better  como  at  once.'' 
Can  you  tell  me  whether  this  is  a  question  or  a  com- 
mand? 

Objected  to,  and  the  question  was  waived. 
TesliBmoaiy  of  E.  C.  Stewart. 

Q.  State  whether  you  are  a  telegraphic  operator  in 
this  city?    A.  Yes  sir,  at  the  Metropolitan  Hotel. 

Q.  Ijook  at  this  dc-spatchand  state  wlietlieryou  have 
any  knowledge  otits  having  been  sent?  A.  Yes,  I  sent 
itmyself.    The  witness  reads:— 

"March  27tli.  18G4,  M.  O'Laughlin,  No.  .59  Exeterstreet, 
Baltimore,  Md.  Gt  t  word  to  >iam.  and  come  in  w-itli  or 
without  him  on  Wodncsdi.y  morning.  We  sell  that 
day  sure.    Dontfail.    J.  Wilkes  Dooth." 

Q.  is  this  last  March  or  last  Blarclia  year  ago?  A. 
Last  March;  that  is  one  of  the  old  lorms. 

Q.  Did  vou  know  thiiman?    A.  No  sir. 

Here  a  photograph  of  John  WiUcesDooth  was  shown 
to  the  wimess,  who,  on  seein^j  it,  said:— "That's  the 
man  that  sent  it." 

Cross-examined  by  Mr.  Cox.— Q.  You  know  it  was 
sent  in  March,  iscs?    A.  Yes  sir. 

Q.  It  is  dated  ISO  I?  A.  Thai's  one  of  the  old  forms; 
but  I  reinembor  it  was  sent  this  year. 

Q.  Is  tl;at  ^  our  indorsement  on  it?    A.    Yes  sir. 

Q.  How  long  h:iveyou  been  an  operator  at  the  Me- 
tropolitan Hotel?    A.  About  ten  months. 

Bv  Judge  Hot.— Q.  You  were  not  there  In  March, 
ISG-l?    A. 'No  sir. 

The  examination  of  this  witness  being  concluded,  the 
Court  adjourned  till  lu  o'clock  to-morrow  morning. 


Washington,  May  19.— The  witnesses  for  the  de- 
fense were  to-day  dismissed  until  Monday.  About 
twenty  have  thus  far  been  summoned.  The  United 
States  have  probably  thirty  more  witnesses  to  ex- 
amine, and  as  the  effort  will  bo  made  to  conclude  the 
testimony  for  the  prosecution  to-morrow,  the  trial 
Will  probably  be  closed  next  week. 

Testjjnony  of  Colonel  J.  H.  TTayJor. 

By  Judge  Holt.— Q.  State  whether  you  are  connected 
with  the  Provost  Marshals  <jliic>'  at  Washington? 
A.  No  sir;  I  am  on  duty  at  the  head-quarters  of  the 
Department  at  Wasliington. 

Q.  Look  at  that  painr,  marked  No.  7,  and  state 
whether  you  ever  beiorehad  it  in  your  hands,  and  from 
whom  you  received  it?  ('I'he  |i:;i)Cr  reTorr^d  to  was  one 
taken  Irom  the  trunk  of  J.  Wil!:es  Bo:jtIi,and  in  re- 
gard to  whicli  the  witness.  Lieutenant  'ij-rrell.  testified 
that  it  was  written  in  the  cipher  of  the  t'onlederato 
State.?.)  A.  I  have  had  it  in  my  hand-^;  I  received  it 
from  Lieutenant  T.vrrell.  an  oflicer  on  duly  in  the  Pro- 
vost Marshal's  ollice.  on  the  night  of  the  14th  of  April; 
I  gave  it  to  Colonel  VVells  on  tlie  Kith. 

Q.  You  received  it  Irom  Lieu'en.int  Tyrrell  as  one  of 
the  papers  found  in  the  irun'.c  of  J.  Wilkes  Booth?  A. 
Yes  sir;  for  whicli  X  had  sent  him. 

Testianosiy  of  t'harJes  IloscI;i. 

By  Judge  Advccato  Holt.— Q.  Do  you  recognize  the 
prisoner, 'Edward  Spangler?  A.  I  do  not  know  him 
personally;  I  was  not  present  at  his  arrest. 

Q.  Did  you  go  to  his  house  alter  his  arrest?  A.  Yes 
sir. 

Q.  What  did  you  find  there?  A.  A  carpet  bag,  in 
which  was  a  piece  of  rope,  which  I  measured  after- 
wards and  found  to  be  eighty-oue  Icct  in  length;  the 
twist  appeared  to  have  been  taken  out  of  it:  tlieie  was 
nothing  else  in  the  ("irpet  bag  except  some  blank  paper 
and  .a  dirty  shirt  collar. 

Q.  Where  was  that  carpet  bag  with  the  rope  left?  A. 
At  the  house  where  Sj-angler  took  his  meals,  on  the  N. 
W.  corner  of  Seventh  and  H  street  . 

Q.  When  was  it  left?    A.  That  I  do  not  know. 

Q.  Who  were  wii  ;i  you  wlien  you  tonk  the  rope?  A. 
Two  of  the  military  of  the  Provost  Marsual's  force;  I 
do  not  know  their  ncimes. 

Q.  you  did  not  see  Spanglei  hlmselt  there?  A.  I  did 
not;  I  was  to  go  with  the  ether  oliieers  to  secure  the 
papers,  and  we  missed  him:  consequently  I  was  not 
there  when  he  was  arreste'l. 

Q.  Uad  the  carpet  bag  been  opened?  A.  No  sir;  we 
made  out  to  open  it  with  some  keys  we  found. 


Cross-examined  by  Mr.  Ewing.— Q.  Where  Is  the 
house  at  which  you  lound  the  carpet  bag?  A.  It  is  situ- 
ated on  the  northwest  corner  of  Seventh  street  and  H 
street. 

Q.  Who  gave  it  to  you?  A.  We  took  it  when  we 
found  it  belonged  to  Spangler. 

(J.  Wlio  was  there?  A.  A  man  who  was  commonly 
called  "JaUe,"  who  worked  at  the  theatre  in  company 
with  Sjjangler;  this  man  told  me  that  was  Spangler's 
carpet  bag,  and  that  was  all  that  Spangler  bad  at  the 
house. 

Q.  What  persons  were  living  or  staying  in  the  bouse. 
Did  you  see?  A.  There  were  a.  couple  of  per.sons, 
boarders,  I  presume.  I  did  not  know  any  of  the  parties. 

Q.  In  what  room  did  you  lind  the  carpet  bag?  A.  In 
a  bed  room  op  stairs. 

Q.  In  what  part  of  the  house?  A.  As  near  as  I  can 
judge,  it  was  on  the  south  side  of  the  house;  that  is.  the 
room  faced  the  south. 

Q.  Describe  the  room?  A.  It  was  right  near  where 
Jake  kept  his  trunk. 

'the  Commission  reassembled  at  two  o'clock,  after 
the  usual  recess. 
TestaiiMoiiy  of  Chas.  lI.Rosclj.  ContiuMesS, 

Q.  Look  at  that  coil  of  rope  and  st:!te  whether  or  not 
it  is  the  same  which  you  ibund  in  Spangler's  carpet- 
bag? A.  (Looking  at  the  rope.)  I  believe  and  am 
satisfied  that  it  is. 

Q.  What  did  you  do  with  the  monkey  wrench?  A.  I 
found  no  monkey  wrench;  I  would  here  beg  leave  of 
the  Court  luc  ^rreetso  much  o/  thete:jtimony  a':  refers 
to  the  locality  which  I  stated:  upon  retlectiou  lam 
convinced  that  the  house  was  on  the  northeast  corner 
of  Seventh  and  II  streets;  the  room  was  on  the  second 
floor. 

Q.  What  was  the  number  of  the  room.    A.  There 
was  no  number. 
TesJcDnoJoy   of  Wnt.    i:aton,  (Coaitisiued.) 

Q.  State  to  the  Court  whether  you  arrested  the  i  ri- 
soner,  Edward  Spanglsr.  i'.nd  on  what  day  ?  A.  I  ar- 
rested liim;  1  do  not  recollect  the  day;  it  was  the  week 
alter  the  a  sassination. 

Q.  AVhere  did  you  arrest  him?  A.  In  a  house  on 
Seventh  street,  near  the  Patent  Ouicc:  it  must  liave 
been  on  the  southeast  ccjrner  of  Seventh  street  and  IL 

ti.  Do  von  know  whose  house  it  was?    A.  I  do  not. 

a.  Did'you  lind  any  weapons  in  his  possession  ?  A. 
No  sir,  I  did  not  search  him. 

Q.  Was  it  his  boarding  house?    A.  I  think  it  was. 

Q.  Y.'ho  w;is  with  him  ?  A.  There  were  some  ladies 
in  the  house. 

TrsJiniony  of  Willram  WaJIace. 

By  the  Jud%'e  Advocate.— Ci.  State  whether  or  not 
sonie  time  afier  the  as;ja«sination  of  the  President  you 
arrested  the  prisoner,  O  Laughlin?  A,  1  did;  on  the 
17ih  ot Apiil. 

Q.  Where?  A.  At  the  house  of  a  family  named 
B:iiiev,  in  High  street,  Baltimore. 

Q.  Was  that  his  boarding  house?  A.  I  think  not;  I 
think  liis  boarding  hoi:se.  cr  the  house  where  he 
siopicd,  was  lliat  of  his  brother-in-law.  No.  57  Exeter 
sir.  et.  ,    ,  ,  , 

Q.  Did  you  ask  him  whv  he  was  there  instead  of  his 
bo.rdiiig  house?  A.  X  did;  he  s.iid  tiiat  when  he  ar- 
rived in'  town  on  Saturday  he  was  told  that  the  oiiicers 
liad  been  looking  l(;r  him:  and  that  he  went  away  to 
t'.ie  house  of  a  friend  ofhis,  where  he  stopped  on  Satur- 
dav  or^;undaJ' iiijbt. 

Q,  l.id  he  a- k  you  what  you  had  .arrested  lum  tor? 
A.  He  seemed  to  understand  vvfhal  it  was  for. 

li.  Did  he  a.,k  >ou  r't  all  in  regard  to  the  cause?  A, 
Nothing  lliat  ce  -urs  to  my  mind  at  present. 

ti.  Did  hosixak  o;  tlie  a=-sas:Jinatioii  of  the  President 
at  all?    A.  He  siio::e  of  it  as  being  a  very  b.ad  ahair. 

Q.  Did  you  lind  any  arms  in  his  possession?  A.  No 
Sir;  wesearched  him' and  found  none  whatever. 

Cro's-examined  by  Mr.  Pox.— Cj.  3;jd  ti:e  brother-iiv- 
law  oi  the  irisoner  send  for  the  prisoner  or  go  with 
j'ou  to  aire;  t  him? 

JnlgeBiiigliam  objected  to  the  question. 

Mr.'l'ox  stated  that  the  obiect  was  to  siiow  that  the 
brother-in-law  of  the  prisoner  went  a.ter  him  volun- 
larilv. 

Judge  Bingham  replied  that  the  question  was  noi, 
propeny  a  p^.rlion  of  the  ci-o  !s-cxaniination,  lait  was 
altogeiher  new  n^atter.  Whatt.:e  ):risoner  s;iid  to  his 
bro.'her-in-law  had  not  been  ol'i'ere.l  in  ev  d  nc:>,  and, 
ill  addition  to  tliut,  it  had  b.'cn  sliowu  that  the  pri- 
soni  r  liad  reso'.ved  not  to  be  tidcen  at  home,  and  was 
giping  to  chani;e  his  boarding-hou^e. 

l\lr.  Cox.— I'lie  i/bjeet  of  the  prosecution,  T  presume, 
i-,  lo  show  that  tlio  purpose  of  tne  pvisoner  in  ch::nging 
hi<  I;  (1 '.iir:-!  was  t-.i  aveid  arrest,  the  witnes-i  having 
lestiiied  that  the  prisoner  was  found  elsewhere.  I  do- 
sire  to  ask  him  wUether  he  found  the  i  r  soner  at  the 
instance  of  his  (the  i)ri:;oner's)  brother-in-law. 

The  objection  was  overruled,  the  Commission  decid- 
ing tlie.t  ihe  iijcst  ion  should  ba  answered. 

A.  The  prisoner's  brother-in-l:iw,  Mr.  INIallsby,  1  am 
well  acquainted  with:  he  was  recomnienc'.eil  to  me  on 
Suede.v  evening  as  be.ng  a  good  Union  man.  as  one  in 
whom'lcoulrl  place  conlidonce:  he  knew  I  was  look- 
ing for  Mr.  (J'Laughlin;  I  told  him  I  wi-hed  him  to 
assist  me;  he  said  that  anything  be  could  do  to  assis 


TRIAL   OF   THE   ASSASSINS  AT  WASHINGTON. 


LEWIS  C.  PAYNE. 


DAVID  C.  HAROLD. 


THE  SCENE  OF  THE  eHEAT  TRAGEDY. 


23  ^ 


A— Public  School.        B— Herndon   House,  (Ilotcl). 
C — The  only  vacant  lot  communicatiuij  with  alloy. 
D — The  only  alley  outlet  to  F  stroet. 
E — Bank  (foT-merlv  Saving's  BankK 


G — Newspaper  Office. 


X — Restaurants. 

n — Model  House. 

I — House  taken  to  after  the  act. 

Tv^— 'FVirt     «llmj    ViV     Twtii/.)-*     tVia     m  11 1./1  *  j./ii.    <^a/i«TiAr1 


TRIAL   OF  THE   ASSASSIN'S   AT  WASHINGTON. 


n 


me  he  would  do;  that  if  he  could  get  any  informatioQ 
conc-'ining  tiie  prisoner  lie  would  impart  it  lo  me; 
that  on  .Sunday  evening  or  Monday  morning  he  c  ime 
to  me  and  lold  me  that  l;e  thought  if  I  went  witU  him 
we  could  lind  O'Laughlin;  I  then  went  with  him  aud 
arrested  the  prisoner. 

Q.  Did  the  prisoner  say  anything  about  having  re- 
ceived any  information  as  to  wu'  tjer  the  dotpctives 

had  been  at  his  house?  A.  I  think  he  said  tliat  wlien 
he  got  to  his  house  on  Saturday  aiternoonlicheard  that 

they  had  been  there. 
Q.  Did  he  protest  his  innocence  of  the  crime?  A.  He 

said  he  laipvv  nothing  whatever  a'jout  it. 
Q.  Did  he  say  he  cou'.d  show  hU  innocence  by  the 

person;  with  wiiom  he  had  been  in  compunv?    a.  lie 

said  he  cuuld  account  for  his  vvliereabouts  all  the  time 

that  he  was  in  Washington,  through  parties  who  were 

there  with  him. 
Q.  Did  he  say  he  left  home  after  being  advised  that 

detectives  were  thereafter  him?  A.  I  do  not  remember 

that  he  said  so. 

Testimony  of  Jnme.<«  Gifiurd. 

By  the  Judge  Advocate.— Q.  State  whether  you  have 
been  connected  with  Fords  Theatre  in  this  citv.  and 
lu  what  capacity?  A.  I  have  been  in  the  capacity  of 
builder. 

U.  You  were  the  carpenter  of  the  building?  A.  Yes 
sir. 

Q.  Did  you  occupy  that  position  on  the  14th  and  loth 
of  April  la  t?    A.  Yes.sir. 

Q.  Did  you  ob.serve  the  President's  box  on  that  dav? 
A.  No  Sir:  X  was  not  in  it. 

Q.  Do  you  n-collect  having  seen  anv  one  in  it?  A. 
Wsll,  1  saw  Mr.  Harry  Clay  Ford  in  it  at  one  time,  aud 
Mr.  Reybold. 

Q.  Any  one  else?    A.  No  sir. 
_  Q.  Did  j-ou  observe  a  large  rocking  chair  which  was 
in  the  Pres  dents   box  on    the   day  ot  the  14th?    A.I 
did  not  notice  it  on  the  I4th. 

Q.  When  did  you  see  it?  A.  I  saw  it  on  the  following 
Sunday  in  tiics  bo.\. 

Q.  Do  you  know  when  it  was  placed  in  the  box ,  and 
bj'  whom?    A.  I  do  not. 

Q.  Do  you  know  whether  it  was  ever  there  before? 
A.  I  do  not  think  it  has  been  there  before  during  this 
season;  I  saw  it  last  season. 

Q,  D  J  yon  know  who  took  it  away?    A.  No  sir. 

<j.  Do  you  know  whethe.  'het-iage  scenes  remain 
now  as  ihey  wero  on  Die  morning  otthe  assassination 

The  witness' rep, y  was  somewhat  inaudible  at  ihe 
reporter  s  dusk,  but  ho  was  understood  to  sav  that  with 
the  exception  of  a  slight  d  saiiangemeiil  winch  had 
been  made  by  orderof  the  Secretary  of  War  in  order 
to  secure  a  view  of  tho  stage,  the  scenes  were  in  the 
sameposilion  ason  the  morning  of  the  assassination. 

Ci.  Have  you  examined  the  wall  in  the  President  s 
box?    A.  Yls  s:r. 

Q.  Wliendid  you  examine  it?  A.  I  think  it  was  on 
Monday  morning  after  the  assassination  when  I  first 
saw  ir. 

Q.  You  had  not  seen  it  before?    A.  No  sir. 

Q.  Wlieii  had  you  been  in  the  box  last?  A.  I  cannot 
state  positive  y;  1  judge  it  was  within  a  week. 

Q.  Doyouiliink  thatif  tlie  mortice  had  been  there, 
you  would  have  observed  it?  A.  Yes  sir,  I  should 
think  so. 

Q.  Had  it  the  appearance  of  having  been  very  re- 
cently made?    A.  It  looked  so  to  me. 

Q.  B.vvvhat  instrument  would  you  suppose  it  to  have 
been  inudo?    A.  I  sliouid  ihiuk  i."  was  made  by  a  knife. 

Q.  Wou'd  it  not  require  a  good  while  to  make  it  with 
akniie?  It  is  quite  a  large  mortice?  A.  It  would  re- 
quire a  man  some  fi  teen  minutes.  I  should  judge. 

Q.  Ji'  the  iliroedoors  ol  the  place  were  all  closed  it 
would  have  been  entirely  dark  there,  would  it  not?  A 
Yes  s  r. 

Q.  Do  you  not  think  that  one  or  more  of  those  doors 
must  have  been  opened  when  this  mortice  was  made? 
A.  1 1  might  liave  been  so;  some  light  would  have  been 
reou.red.  1  should  think. 

•  Q.  Wou  d  not  .such  an  operation,  made  with  an  open 
door,  lie  l.!;ely  to  attract  the  atteut.on  of  persons  c  iii- 
necied  wilh  the  tliralie?  A.  If  aknilewere  used  it 
would  not;  if  u  chisel  or  hammer  were  used,  they 
would  create  sounds. 

Q  Vv'liat  were  the  duties  of  the  prisoner,  Spangler? 
A.  III!  worked  on  the  stage,  made  scenery,  a.\ed  up 
the  stage  Ac. 

Q.  Was  tho  decoration  of  this  box  within  the  line  of 
hisdu.ie;.'  A.  No  sir;  there  was  a  geiiLlenian  there 
by  the  name  of  Jleybold,  who  was  an  upiiolstcrer, 
vi^hosoduty  it  was  to  decorate  the  box.  but  he  had  a 
Btiltiier'k,  so  lis  told  me  aiterwards:  when  I  asked 
him  if  I  did  not  see  him  in  the  box  he  said,  yes,  but  I 
did  not  decora. 0  it. 

Q.  Where  were  you  at  the  moment  of  the  assassina- 
tion of  the  President?  A.  I  was  standing  about  ten 
le?t  from  the  centre  of  the  big  lamp,  jusl  at  the  edge 
ot  the  platlorm. 

Q  On  the  stage?  A.  No  sir:  in  front  of  the  house, 
outside:  I  cnme  out  lo  the  front  of  the  house  alter 
having  been  in  three  or  lour  minutes. 

Q.  You  allude  to  the  Irout  part  ot  the  theatre?  A. 
Yes  sir. 

Q.  Had  you  been  behind  the  scenes?    A.  Y'es  sir. 


Q.  How  long  before?  A.  About  twenty  minutes 
before. 

Q.  Vv^hile  there  did  you  see  the  prisoner.  Spangler? 
A.  \  es  sir. 

Q.  What  was  he  doing?  A.  He  was  on  the  le't  hand 
side:I  came  out  be. ore  ihecurta:i)  and  went  up:  he  was 
wailing  to  transact  his  business,  which  was  scene 
saijting. 

(J.  AVas  it  not  usual  for  the  passage  way  which  leads 
to  the  back  door  to  bo  kept  entirely  lreeo"f  obstructions 
while  a  piece  was  being  played?  A.  Tlie  outside  pas- 
sage was  always  kejit  iree:  the  entrances  were  moreor 
le;s  filled  with  chairs  and  tables,  thougii  that  de- 
pended on  what  was  be.ug  played:  somet.mes.  as  in 
pieces  where  a  lai-ge  number  of  seats  were  used,  the 
pa.ssages  becamejaramed  up. 

Q.  Do  you  know  wiio  matte  the  mortice  on  the  bar 
which  was  found  there  ?    A.  I  do  not. 

Cross-examuii  d  by  Mr.  Hwing.— A  paper,  which  pur- 
ported tj  be  apian  of  the  inteiioroi  the  theatre,  was 
shown  to  the  Witness,  with  the  request  that  heshou.d 
state  whether  it  was  correct. y  diawn.  The  witness 
pointed  out  that  it  was  deticient  in  several  particulars. 

Q.  btate  whether  the  iiassage-way  across  the  stage  to 
theouterdoor  was  oidmari.y  oostructed  during  the 
play?  A.  Onfy  by  people  when  theie  was  a  large  coiu- 
■pany  on  tue  stage,  tliere  were  never  anj'  chairs,  tables 
or  scenery  in  the  way. 

Q  Wasit  notnecessary  tokeepthepassage-wayclear 
ill  ordej-  to  allow  the  actors  and  actresses  to  pass  with- 
out obstruction  from  the  dressing  room  to  the  stage? 
A.  Yes  sir. 

Q.  How  is  the  back  door,  the  small  one,  usually  left? 
A.  It  is  usually  leit  open  after  me  perlormaiicei.sover. 

Q.  Do  you  mean  that  a  is  swinging  oijen  or  merely 
unlocked?  A.  l^e.'t  milocked:  ihe  oiil  v  door  that  is  lett 
open  is  the  door  leading  to  the  sideot'the  house. 

Q  State  what  position  Mr  Spangler  occupied  during 
the  per.brmauce.  A.  His  business  was  on  the  leit 
hand  side  of  the  stage,  the  right  hand  irom  the  audi- 
ence. 

cj.  Was  that  ou  the  side  of  the  President's  box?  A. 
Yes. 

Q..  State  at  what  times  during  the  performance  you 
were  on  thestage  that  night?  A.  1  was  on  the  stage 
until  the  curtain  went  up.  when  it  was  lowered  I  came 
around  on  the  stage  to  ;  ee  that  everything  was  right. 

Q.  ^^tate  at  what  limes  during  the  evening  when  you 
came  on  the  stage  between  the  acts  you  saw'Mr.  Spang- 
ler? A.  1  could  not  state  the  time  exactly;  I  judge 
that  the  last  time  I  saw  him  was  about  hali-past  nine 

0  clock. 

Q.  State  whether  you  saw  him  each  time?  A.  Yes 
sir.  each  time. 

Q.  He  was  your  subordinate,  was  he  not?    A.  Yes  sir. 

Q.  Stale  wijere  you  were  during  that  play  when  you 
were  not  on  thestage?  A.  I  was  in  the  iront  of  the 
house;  I  walked  down  to  1)  street  and  Tenth  to  look  at 
a  big  lamp  which  1  had  jnit  up  there,  during  the  per- 
lormance  of  the  lir.-t  act  I  walked  up  to  tiie  corner  of 
Tenth  street  aud  F,  and  took  a  glass  of  ale,  during  the 
second  act  and  during  the  thiid  act  I  did  not  leave  the 
house  at  all. 

Q.  You  were  then  in  front  of  the  theatre  part  of  the 
time  between  tliesecond  and  third  act?  A.  I  was  on 
thestage  between  the  acts. 

U.  Wherewero  you  during  the  performance  of  the 
second  act  ?  A.  To  the  best  of  my  knowledge  I  was 
then  in  the  front. 

Q.  All  luetime?    A.  Not  all  the  time. 

Q.  How  much  of  the  time  ?    A.  Well  I  do  not  know; 

1  walked  in  and  stayed,  may  be,  five  or   ten  minutes 
antl  walked  out. 

Q.  State  whether  or  not  you  saw  the  prisoner,  Span- 
gler, at  any  time  during  that  play  in  front  of  the 
theatre?  A.  I  did  not:  I  do  not  think  he  could  have 
been  in  front  of  the  theatre  without  my  knowing  it, 
because  the  scene  would  have  gone  wrong  if  he  had 
leit  thestage. 

Q.  D  ti  you  ever  see  Spangler  wear  a  moustache?  A. 
No  sir.  he  never  wore  one  since  I  knew  him. 

Q.  Do  you  know  how  he  was  dressed  that  evening? 
A.  No  sir:  I  did  not  take  any  notice  of  him. 

Q.  How  was  he  dressed  ordinarily?  A.  About  the 
same  as  he  is  now. 

Q.  Was  not  the  Atnerican  Cousin  a  play  in  which  the 
.scenes  were  thifted  a  good  deal?  A.  They  were  what 
we  call  plain  scenes;  ihere  was  not  much  shitting;  I 
believe  there  were'some  five  or  si.x  scenes  in  each  act. 

U  '1  hen  spangler's  presence  there  would  have  been 
indispeiisaliie  lo  the  perforinance,'  A.  Yes  sir:  if  he 
had  not  been  there  the  scenes  would  not  have  gone  on. 

(i.  Did  you  hear  Booth  call  Spangler  that  night?  A. 
No  sir. 

ti.  What  had  Spangler  to  do  with  Booth?  A.  No- 
thing, that  1  know  of;  Booth  was  rather  Iriendly.  and 
everybody  about  the  house  was  friendly  with  him:  ha 
had  u  winnin.g  wa.v  about  him  that  would  makf  every 
person  like  him;  he  was  a  good  uatured,  jovial  kind  of 
man. 

Q.  Was  he  not  very  much  in  the  habit  of  frequenting 
the  theatre.'  A.  I  would  see  him  there  lor  a  week, 
then  he  would  go  off  aud  I  would  not  see  him  lor  a 
couple  of  weeks. 

Q.  Did  he  not  have  access  to  the  theatre  as  one  of 
the  employees  would  have  ?   A.  Yos  sir. 


72 


TRIAL   OF   THE   ASSASSINS  AT  WASHIXGTOX. 


Q.  He  had  access  by  th«  back  entrance  at  any  time? 
A.  Yes  sii,  at  anytime  wlieu  the  employees  might 
go  in. 

Q.  Day  and  ni?ht?  A.  At  any  time  when  the  house 
was  not  locked  up. 

Q.  Was  not  Spangler  a  sort  of  a  drudge  for  Booth? 
A.  He  appeared  so:  housed  to  po  down  and  help  fix 
Booth's  horses:  I  have  seen  him  myseif  once  or  twice 
fixinKup  tlie  horse. 

Q.  Was  that  hole  in  the  wall  cut  into  the  brick?  A. 
Kg  sir.  I  believe  not:  to  the  best  of  mj-  knowledge  it 
was  <;ut  in  only  an  inch. 

Q.  And  It  could  liave  been  done  with  a  pen-knife? 
A.  Yes  sir;  I  think  it  might  liave  been  done  with  a 
pen-knife. 

The  witness  was  here  shown  the  stick  or  bar  found 
in  the  President's  bo.x,  which,  however,  he  lailed  to 
iden;ity  in  any  manner. 

Q.  How  long  would  it  have  taken  with  an  ordinary 

Socket  knife  to  cu  thehole  in  the  wall  <  f  which  you 
ave  spoken."  A.  I  suppose  tiia' a  man.  intent  upon 
mischief,  would  havedone  it  in  ten  or  lirtoen  minutes: 
after  the  lace  of  the  plaster  was  once  broken  it  could 
be  accomplished  veryeasuy. 

Q.  I  believe  you  stated  that  you  did  not  know  how 
the  lock  in  the  door  of  the  President's  box  came  to  be 
loose?    A.  I  do  not  know. 

Q.  When  did  you  first  hear  that  the  President  was 
coming  to  the  theatre?  A.  I  heard  it  between  U  and 
1;;  o  clock  on  that  dny. 

Q.  Do  yo:i  know  wuether  he  was  invited  to  the  thea- 
tre.'   A.  1  do  not. 

Testimony  of  .Wrs.  Martha  Murray. 

By  Judge  Holt.— Q.  Look  at  the  prisoners  at  the  bar 
and  seeif  you  can  reco'^ui^e  any  of  them?  A.  I  have 
not  seen  any  of  them,  unless  it  is  that  gentleman 
(pointing  t  J  Pa\ue,  who  was  directed  tostand  un;,  he 
has  the  same  aiipoaraoce  of  a  man  I  saw. 

Ci.  Was  t.he  person  of  whom  you  speak  a  boarder  at 
your  house?    A.  Y'es  sir. 

Q.  Under  what  name  did  he  pass?  A.  I  did  not  hear 
any  name;  when  Mr  McUev^tt  came  to  the  house 
afterwards  I  showed  him  the  name  on  the  bi.ok  which 
I  thought  was  entered  when  he  came  there,  and  Mr. 
McDevittcut  the  name  out  of  the  book;  I  cannot  re- 
member what  the  name  was. 

U.  }iow  long  did  he  remain  there?  A.  He  came  on 
Friday  and  Icit  on  Fr  day,  two  weeks  afterwards. 

Q.  You  keep  the  Herndou  House,  do  you  not?  A. 
My  husband  does. 

Q.  Was  the  Priday  on  wlilch  he  left  the  Hth  of  April 
last?    A.  Yes,  the  day  the  President  was  killed. 

Q.  Waat  time  in  ti.e  day  did  he  le:ive?  A.  About  4 
o'clock:  we  had  dinner  at"hal!-past  4;  this  gentleman 
said  he  was  going  away,  and  wanted  to  settle  his  bill, 
and  wished  dinner  before  the  regular  dinner  hour;  X 
gave  orders  to  have  an  early  dinner  given  him;  I  never 
saw  anything  further  ctjiicerning  him. 

Q.  Did  become  t()  your  house  as  an  invalid?  A.  No; 
he  said  he  came  I'rom  tlie  cars  about  1 1  or  u  o'clock. 

Q.  Did  he  come  alone,  or  witli  others?  A.  He  came 
alone. 

Q.  Was  he  visited  by  others  while  there?  A.  I  ex- 
pect he  was. 

Q.  Would  you  be  able  to  recognize  any  person  who  vi- 
sited him?  Look  at  the  prisoners.  A.  1  ilo  not  see  any 
one  1  could  recognize:  I  never  noticed  any  one.  but  one 
evening  when  at  the  supper  table  tlii/igentleman  came 
in;  I  had  linishtd  my  supper,  and  got  up,  and  d.d  not 
pay  an.v  further  attention;  I  left  them  sitting  at  the  ta- 

Q.  Had  any  one  spoken  to  you  (or  a  room  for  Ihis 
man  beiore  "he  came?  A.  No.  not  to  my  knowledge: 
some  gentlemen  have  spoken  tome  lor  rooms,  but  I  do 
not  recollect  any  one  speak. ng  tor  this  mau. 

Q.  Do  you  remember  whether  John  H.  Surratt  called 
at  j-our  house?  A.  I  do  not  know  him;  I  never  heard 
of  him  ti.l  this  circumstance. 

Cross-examined  by  Mr.  Joster.—Q.  State  to  theCourt 
the  location  of  the  Herndou  House.  A.  It  is  on  the 
Corner  opposite  the  Patent  Office. 

Testimony  of  Wni.  It.  Well**  (Colored.) 

By  Judge  Holt.— Q.  State  whether  or  not  on  the  lUh 
of  Aprd  last  you  were  living  in  the  house  of  Mr.  Sew- 
ard, secetary  of  State,  anil  if  so  in  what  capacity? 
A.  I  was  in  the  capacity  ol  a  waiter. 

Q.  Look  at  the  prisoners  at  the  bar,  and  see  if  you 
recognize  either  of  them.  A.  Yes,  1  recognize  tliat  vimi 
(pointing  to  Paine.) 

Q.  Did  he  attempt  to  come  into  the  house  of  Mr.  Sew- 
ard onthe  night  of  the  l4tliof  Apr'  ?    A.  He  d  d 

Q.  State  the  circumstances  connected  with  his  en- 
trance into  the  house.  A.  When  he  came  he  rang  the 
bell  and  I  went  to  the  door,  and  this  man  c:inie  in; 
he  had  a  little  package  in  his  hand,  and  said  it  was 
medicine  irom  Dr.  Verdi;  he  sad  hev.assenl  by  Dr. 
'Verdi  With  particular  duections  how -he  was  to  take 
the  med  cine,  and  he  s.iid  he  must  go  up-  I  told  him 
ho  could  not  go  up;  he  then  reneated  the  words  over  a 
good  while,  telling  me  he  must  go  up,  "must  see  him. 
must  see  liim."  I  told  him  he  c.)uld  noi  go  up,  that  it 
wa.-  against  my  orders;  that  if  be  would  give  me  the 
medicine  I  Would  tell  him  how  to  take  it  if  he  would 
leave  me  the  directions;   he  said  that  would  not  do, 


and  I  started  to  go  up,  and  finding  he  would  go  up  I 
started  past  him  and  weni  up  the  stairs  beiore  him  I 
asked  him  to  e.xcuse  mo:  I  thought  perhaps  he  would 
say  that  1  reused  to  let  him  come  up.  I  thought  per- 
haps ho  might  be  sent  by  Dr.  Verdi,  and  that  he  would 
tell  Mr.  Seward  that  I  tried  to  stop  him;  he  said,  "All 
right."  1  noticed  that  his  step  was  very  heavy,  and  X 
asked  him  not  to  walk  so  heavy,  he  would  disturb  Sir. 
Seward:  he  met  Mr.  Fiederick  .Seward  on  the  siepa 
outside  the  door,  and  had  some  conversation  with  him 
m  the  hall. 

Q.  If  you  heard  that  conversation  state  it?  A.  He 
said  to  Mr.  Fred.  Seward  that  he  wanted  to  see  Mr. 
Seward;  Mr.  Fred.  Seward  told  him  that  he  could  not 
see  him:  he  said  that  his  lathei'was  asleep  at  that  time, 
to  give  him  the  medicine  and  he  would  take  it  to  his 
father:  that  would  not  do;  he  said  he  must  see  him,  he 
must  see  him:  Mr.  Fred.  said,  "j-ou  cauiiot  see  him. 
you  cannot  see  him:"  he  kept  on  saying  he  must  see 
him:  Mr.  l-'red.  says.  "X  am  ihe  proprietor  here,  X  am 
Mr.  Seward  s  son:  if  you  cannot  leave  it  with  ine  you 
cannot  le.ave  it  all;"  ho  had  a  little  more  talk,  and 
still  holding  the  little  package  in  h:S  hand;  Mr. 
Fred,  would  not  let  him  see  him  any  way;  he 
Started  towards  the  steps  a.s  if  to  go  down,  and  I 
started  to  go  down  befuro  him;  I  had  gone  about  I  hree 
steps,  and  turned  around,  saying  "do  not  walk  so 
heavy,'  by  the  time  X  htid  turned  round  he  jumped 
l)a?k"and  strucic  Mr.  I'rederick  Seward,  and  by  the 
time  I  had  turned  clear  around,  Mr.  I-Yederick  Seward 
had  tall  en  .and  thrown  up  his  hands,  then  i  ran  down 
stairs  and  called  ■  murder  '  I  went  to  the  front  door 
and  cri(>d  murder;  X  then  ran  dov.-n  to  General  Augur's 
hetid-qiiarters  at  the  corner;  I  s;iw  no  guard  tlieie,  and 
rau  b.  c.v:  by  that  time-  hreesokliers  had  come  out  of 
the  building  and  lollowed  me;X  had  got  about  halfway 
back  to  theliouse  wheu  I  saw  the  man  run  out  and  get 
on  his  horse;  he.had  on  a  light  overcoat,  and  no  hat, 
but  he  had  on  a  hat  when  he  came  into  the  house;  I 
had  not  seen  the  horse  at  all  before  f  halloed  to  the 
soldiers  "there  he  is  getting  I  n  hia  horse:'  he  got  on 
his  horse  and  started  otf,  and  I  followed  him  as  far  as 
the  corner  ot  land  FiTteen-and-a-half  streets;  he  turned 
up  Vermont  avenue,  and   X   lost   sight   of  him    there, 

Q.  Did  you  see  with  wJiat  he  struck  Mr.  X-^red.  Se- 
ward,' A.  X  did  not  e.\a<'tly  see  whatever  it  was:  it  ap- 
peared to  be  round  and  wound  with  velvet;  I  took  it  to 
be  a  kni.e  afterwards. 

Q.  Xiow  many  times  did  he  strike  him?  A.  I  saw 
him  raise  his  hand  twice:  I  did  not  wait  to  see  how 
many  times  he  hit  him;  he  hit  him  twice,  and  then 
X  ran  down  stairs. 

Q,  Did  this  man  say  anything  as  he  struck  him?  A. 
When  lie  jumped  back  a.gain  he  just  said  to  him, 
"You.''  and  hit  him  over  the  head;  that  is  all  I  heard 
him  .say 

U-  \\  as  Dr.  Verdi  Mr.  Seward's  family  physician? 
A.  He  was. 

Q.  Did  Pa.vne  advise  you  in  talking  to  you?  A.  No, 
he  did  not  say  much  to  me-  he  oiil  /  kept  saying  "Must 
see  him,"  and  walking  very  slowly  forward  all  the 
time. 

Q.  Had  you  ever  seen  this  man  before,  that  you 
know  Ol  ?  "a.  No;  never  that  I  know  of. 

ti.  When  you  came  outdid  you  observe  any  person 
about  the  door  or  pave-iieiu?    .\.  INo  sir;  no  one;. tall. 

U.  You  d  d  not  observe  his  horse?  A.  I  did  not  see 
any  i;oi'se  at  a.l. 

(I.  IXow  lar  Irom  him  were  yon  at  any  time  after  he 
mounted  liis  horse?  A.  X  might  have  been  as  lar  as 
from  here  to  thtit  door,  about  tvvent.v  lect. 

Q.  D.d  you  S'-e  the  color  of  the  horse?  A.  He  ap- 
peared a  btiy  horse,  very  stout;  lie  d;d  not  appear  to  be 
a  very  lianly  horse,  and  did  not  appear  to  begiiiig 
very  last  till  he  got  to  I  street,  and  then  he  got  away 
Irom  me  altogether. 

Cross-e.xamined  by  Mr.  Doster.— Q.  How  old  are 
you?  A.  I  don't  know  exactly;  I  reckon  between  nine- 
teen and  twenty. 

Q.  XXow  long  had  you  been  at  Mr.  Seward's?  A. 
Three  months. 

Q.  Have  you  ever  been  to  .school?  A.  Yes,  four  or 
live  years. 

Q.  Where  precisely  was  this  man  standing  when  you 
had  this  conv(>rsati6n  with  him?  A.  Xle  wa.s  just  in- 
side the  door;  I  had  closed  the  door. 

Q.  I;id  he  giveviu  the  packagoof  medicine  at  any 
time?    ti.  Nohod'id  not  nand  it  to  me. 

Q.  You  sav  he  talked  rough  to  yoa?  A.  He  did  not 
talk  roug   ;  he  had  a  very  tine  voice  when  he  came  in. 

(i  \'ousay  vou  re-ognize  that  man  astho  pr.souerat 
the  bar:  state  what  there  is  about  the  man  that  re- 
sembies  Ihe  mail  you  saw  that  night?  A,  1  noticed  liis 
hair  bis  pantaloons  and  his  boots:  that  night  he  was 
talking  to  Mr.  1 'red.  Seward  nearly  five  minute^;  ho  had 
on  VI  rv  heavy  boots,  black  pants,  li.glit  overcoat  and  a 
biowii"liat;  his  face  was  very  red  at  the  time  he  came 
in;  he  had  verv  coar.-,e  black  hair. 

ti.  Xluve  you  S(  en  llie  s:;ine  boots  on  this  man?  A, 
Yes,  the  night  tiiey  caj  tured  him. 

ti.  Have  you  seen  the  same  clothes  on  him?  A.  I 
have  seen  the  same  panlaloons;  he  had  on  black  panta- 
loons. 

(J.  And  would  you  infer  from  the  fact  that  he  wore 
black  pants  that  it  was  the  same  man?  A.  No,  I  know 
\x\s  face. 


TRIAL   OF   THE   ASSASSINS   AT  WASHINGTON: 


n 


Q.  What  points  about  his  /ace  besides  his  hair  did 
you  notice?  A.  I  noticed  when  ho  talked  lio  kind  of 
raised  til e  corner  ot  his  lip  and  showed  a  wrinlcle  in 
his  jaw,  as  thougli  his  tee-ih  were  very  liglit;  I  knew 
him  tne  moment  I  saw  liim. 

Q.  Did  hp  talk  when  you  recognized  him  tho  first 
time?  A.  He  did  not  tallc  then,  bin  I  noticed  tlio  rais- 
ins of  his  lip  that  I  had  seen  when  he  was  talking 
■with  me. 

Q.  When  have  you  seen  the  prisoner  before  since 
the  nl^tit  of  tlie  assHsslualion?  A.  I  saw  him  on  the 
17th  at  General  Au;,'ur's  head-quarters. 

Q.  How  did  you  liiippen  lo  i;o  there  to  see  liim?  A. 
They  sent  lur  me  totjio  I'ouse;  Mr.  Webster  aud  an- 
other Kentleman  came  ibr  me. 

Q.  Wliat  did  they  say  to  you?  A.  He  sent  a 
man  up  to  tho  room  wliere  I  was,  and  asked  me 
to  got  up:  I  asked  hmiwhat  Ihey  wanted;  it  was  in 
the  niuht.  about  two  or  tlir^e  o'clock;  lio  said  Jlr.  Web- 
ster wanted  me;  I  had  been  getting  up  evory  night 
Bince  the  tiling  liajipcned,  and  I  :  slccd  liirn  to  ask  JMr. 
Webstei-  to  comoup  to  my  room:  I  was  tired  otgetting 
up  at  night;  wlien  I  got  up  and  saw  JNIr.  Wubsier,  lie 
told  me  lie  w.uited  nie  to  go  down  lo  General  Angiir's; 
I  went  d.iwn  there;  there  was  a  light,  very  bright,  in 
the  hall  at  the  lime;  they  asked  me  how  light  it  was  at 
Hr.  Reward's  that  night;  I  told  them  it  was  not  light  in 
our  hall,  that  the  burner  did  not  give  but  vi.'ry  little 
light:  they  asked  me  what  kind  of  a  looking  man  the 
one  was  who  came  to  see  M  .  Seward;  I  told  them  he 
had  black  hair,  tiiin  lips,  a  fine  voice,  very  tall  and 
broad  across  llic shoulders:  there  were  about  twenty 
or  thirty  gentlemen  in  there;  tuey  brought  in  one  man 
and  asked  mo  if  he  was  the  one,  and  tnen  brought  in 
another:  neither  lookca  like  him,  and  1  told  tliem  no; 
they  then  opened  the  middle  door,  ami  this  man  came 
walking  in:  at  the  door  the  lig'.it  was  turned  ul)  very 
bright:  as  soon  as  I  saw  him.  1  put  my  liugm-  right  ou 
his  lace,  and  said.  "  I  know  him,  that  wtus  the  man." 

Q.  Did  either  of  the  two  men  they  showed  you  be/ore 
look  liko  the  man?  A.  No,  one  had  moustaches,  the 
other  whiskers. 

Ci.  Wore  tlipy  as  tall  as  this  man?  A.  No,  they  were 
short:  they  did'nt  look  at  all  like  this  man. 

Ci.  Had  you  at  that  time  heard  of  any  reward  for  the 
apprelieiisi  n\  of  the  supposeil  assassin  of  JI  r., Seward? 
A.  Yes,  I  had  heard  of  a  rewaril  lor  the  ditterent  ones, 
but  [  had  not  heard  of  a  reward  ohered  lor  this  one, 
and  have  not  yet;  I  saw  a  bill  posted  up  the  next  morn- 
ing Iroiii  General  Augur's  head-quai-ters,  olleiing  a  re- 
ward, but  not  lor  tins  man. 

Q.  Did  any  <jne  ofifr  you  money  before  for  this  man's 
apprehension?    A.  Nosir. 

ti.  Did  anybody  ihieaten  you?    A.  Nosir. 

Q.  When  "the  prisoner  s'.ruckfilr.  Seward  and  you 
went  do  vn  stairs,  d.d  you  find  any  soldiers  there?  A. 
No:  the  Jiassage  was  free;  the  door  was  closed;  I  went 
down,  opened  the  door,  and  kept  on  down  to  tne 
corner. 

Q,.  What  kind  of  a  p?ce  had  the  horse  when  he  rode 
away?  A.  It  seemed  a?  if  he  went  very  slow  at  first, 
fori  kept  up  with  him  till  he  got  to  I  street;  then  he 
went  oir  at  a  rapid  rate. 

Tesiimoiiy  of  iSerg't.  Georg'e  F.  Robiiison. 

By  Judge  Holt.— Q.  St;ite  whether  or  not,  on  the 
night  of  the  uth  of  April  last,  yon  were  at  the  resi- 
dence of  Wm.  H.  Seward,  Secretary  of  State?  A.  I 
was. 

U.  In  what  capacity  there?  A.  In  attendance  as 
nurse  upon  Mr.  Seward. 

Q.  Look  at  thefirisoners  here  and  see  if  you  recog- 
nize either  of  them  as  having  been  at  that  house  that 
evening?  A.  I  see  one  of  them  who  looks  like  him; 
the  oni'  ia  his  shirt  (pointing  to  Payne). 

ti.  State  the  circumstances  attending  the  encounter 
between  the  person  ol  wiioni  you  .sjieak  and  Mr. 
Seward?  A.  The  (list  I  saw  of  him  I  liearil  a  seullling 
in  the  hall;  I  opened  the  door  to  see  what  the  trouble 
wa.s:  as  I  opened  the  door  he  .stood  c'ose  up  to  it;  as 
soon  as  it  was  opened  wide  enough  ho  struck  me  and 
knocked  mepartiallj' down  and  then  rushed  up  to  the 
bed  of  Mr.  Seward,  struck  him  and  maimed  liim;  as 
soon  as  I  could  get  on  my  feet  I  i-iideavored  to  liaul 
him  off  the  bed  and  he  turned  on  me:  in  the  sculile 
there  was  a  man  come  into  the  room  who  clutched 
him:  between  the  two  of  us  we  got  him  tothedoor.or 
by  the  door,  when  he  clinched  his  hand  around  my 
neck,  knocked  me  down,  broke  away  Irom  the  other 
man  and  rushed  down  stairs. 

Ci.  What  did  he  strike  you  with?  A.  He  struck  me 
with  his  list  the  last  time;  the  lirst  time  with  a.  knife. 

Q.  Did  he  stab  you,  and  if  so,  where?  A.  Yes,  here 
(pointing  to  about  the  centre  of  his  lorehead). 

Q.  Did'he  say  anything  when  he  struck  you?  A. 
He  did  not  that  I  heard. 

Q.  Did  he  pass  immediately  to  the  bed  of  Mr.  Sew- 
ard when  he  lirst  knoclied  you  down?    A.  He  did. 

Q.  l;id  you  see  him  strikeMr.  Seward?    A.  I  did. 

Q.  With  the  same  weapon  he  struck  you  with?  A. 
Yes. 

Q.  How  often?    A.  I  saw  him  cut  twice. 

Q.  Did  he  seem  to  be  cutting  at  his  head  or  where? 
A.  lie  struck  beyond  the  head  and  neck  the  first  time; 
then  he  struck  him  in  the  neok. 

Q.  Describe  how  he  held  the  knifle?   A.  He  held  it  in 


this  way  (raising  the  hand  which  held  the  knife,  point- 
ing downwards). 

Q.  Did  it  seem  to  be  a  large  knife?    A.  It  did. 

ci.  Did  he  say  anything  at  all  after  stabbing  him? 
A.  Not  that  I  heard. 

Q.  Did  you  ohserve  the  wound  that  had  been  inflicl> 
ed  ?    A.  I  did. 

Q.  Look  at  this  knife  and  see  if  it  is  the  same  one 
held  in  his  hand  ?  A.  It  was  about  the  length  of  that. 
It  looked  as  though  ii  might  not  be  as  wide  as  that,  but 
I  oitly  saw  it  in  motion. 

Q.  be  cr  be  the  character  of  the  wounds  inflicted  on 
Mr.  Seward  ?  A.  There  was  onecut;iug  his  lace  dowa 
on  the  left  side,  and  another  one  cutting  his  neck  be- 
low. I  think  they  were  both  made  by  the  same  blow. 
He  was  sitting  iiartially  up  in  bed  at  the  time,  hishead 
reclining  so  that  the  same  uh.iw  might  have  made  both. 
The  other  cut  was  on  the  opposite  side  of  tlie  neck. 
Tnere  were  three  wounds  in  all.  It  was  all  bloody 
when  1  saw  it.  I  do  not  know  but  there  may  have 
been  more. 

ti.  Was  Mr.  Seward  in  his  bed  at  the  time?  A.  He 
was. 

Q.  From  what  cause?  A.  He  had  been  thrown  from 
his  carriage. 

ti.  Were  his  limbs  broken?  A.  I  was  told  that  one  of 
his  arms  was  brolcen  and  his  jaw  fractured. 

Q.  While. striking  him  did  Mr.  Seward  get  out  of  his 
bed  or  reman  in  bed?  A.  He  remained  and  received 
the  stabs  in  bed. 

U.  Did  lie  dui  iiig  the  struggle  roll  from  the  bed  or  re- 
main in  bed?  A.  He  rolled  out  after  we  had  lelt  tiie 
bed;  when  I  came  back  I  found  he  was  lying  on  the 
lleor. 

Q.  You  say  that  this  man,  during  the  whole  of  thia 
bloody  work,  made  no  remark  at  all;  that  he  said 
nothiiig?    A.  I  did  not  hear  him  make  any  remark. 

Q.  When  became  out  ot  tlie  room  had  Frederick 
Seward  risen  from  the  lloor.  or  was  he  still  lying?  A, 
I  did  II. .t  see  Jlr.  Frederick  Seward  around  at  all. 

Q.  Where  was  he  wlien  this  man  came  out?  A.  The 
first  I  saw  of  Jlr.  Frederick  lie  was  in  the  room  stand- 
ing up;  lie  had  come  inside  thedoor. 

U.  You  say  he  kiiocke<lyou  down  when  he  came  into 
the.room:  what  did  hestrilce  you  with?  A.I  suppose 
with  a  knile:  lie  struck  mo  the  last  time  with  his  fist; 
lie  nad  his  arm  around  my  neck  and  let  go  and  strucli 
me. 

ti.  Did  he  immediately  , go  down  stairs?    A.  lie  did. 

Q.  Did  yoa  see  his  encounter  with  Major  Seward?  A. 
I  did  iiolsee  that. 

ti.  Alter  he  left  was  any  thing  picked  up  which  he 
lelt  behind?    A.  There  was,  a  revolver  and  his  hat. 

(.1.  I^ook  at  this  revolverand  seeif  you  recognize  it  as 
the  one  he  left?  A.  I  should  jutlge  it  was;  I  did  not 
notice  this  ill  it  (pointing  to  the  rammer.) 

(J.  1  understand  tne  Mr.  Seward  you  speak  of  to  be 
the  Secretary  of  State,  and  the  house  you  speak  of  to 
boin  Washington  city?    A.  Yes  sir. 

U.  Do  you  recognize  this  as  the  hat  that  was  iJicked 
up? 

A  Ight-brown  felt  slouch  hat  was  shown.  General 
Wallace  requested  that  the  hat  produced  might  be 
tried  on  Payne.  It  was  handed  to  Paynes  guard,  who 
placed  it  on  his  head  to  the  evident  amusement  of 
Payne  himself. 

General  Wallace  said,  "Does  it  fit  loosely?"  The 
guard  replied,  "No,  it  tits  tight." 

Mr.  Doster.  (Payne's  counsel),  "It  is  too  small  for 
him,  Ishould  saj-,"  (laughter.) 

'jrostJBnotiy  of  Major  A.  H.  Seward. 

E.xamine'l  by  Judge  Holt,— Q.  State  whether  you  are 
the  son  of  Wuj.  H.  Seward,  seciei-ary  of  State?  A.  I 
am  his  son. 

ti.  Were  vou  or  not  at  his  house  on  the  night  of  the 
nth  of  April  last?    A.  I  was. 

ti.  Will  you  state  whether  or  not  that  night  any  one 
of  t  e  prisoners  at  the  bar  made  his  appearance  at 
that  house?  A.  i'cs,  I  saw  this  lari/e manw/io  fias  no 
ennt  o/t(Pavne.) 

tj.  State  the  circumstances  attending  your  meeting 
with  him  that  evening?  A.  1  retired  to  bed  about  7 
o'clock  on  the  night  of  the  14th,  with  the  understand- 
ing that  I  would  be  called  at  U  o'clock,  to  set  up  with 
my  father;  I  very  shortly  lell  asleep,  and  so  remained 
until  wakened  by  toe  screams  of  ra.v  sister;  I  jumped 
out  of  bed  and  ran  into  my  lather's  room  in  my  shirt 
and  drawers;  the  gas  in  the  room  had  been  shut  down 
rather  hnv,  and  I  saw  what  appeared  to  be 
two  men,  one  trying  to  hold  the  o:her;  my 
first  impression  was  that  m.v  lather  had  become 
delirious,  aud  that  the  nurse  was  t  ying  to  hold  him. 
I  went  up  and  took  hold  of  him,  but  saw  at  once  irona 
his  size  and  the  struggle  that  it  was  not  my  lather;  it 
then  struck  me  that  the  nurse  had  become  delirious 
and  was  striking  about  the  room  at  random;  knowing 
tho  delicate  stateof  my  father's  health,  I  endeavored 
to  shove  the  person  I  had  hold  ofto  the  door,  wii  lithe 
intention  of  putting  him  out  of  his  room:  while  I  was 
pushing  him  he  struck  me  five  or  six  times  over  the 
head  with  whatever  he  had  in  his  left  hand;  I  sup- 
posed it  at  the  time  to  be  a  bottle  or  a  decanter  he  had 
seized  from  the  table:  during  this  time  he  repeated 
with  an  intensely  strong  voice— "I  am  mad,  I  am 
mad;"  on  reaching  the  hall  he  gave  a  sudden  turn  aud 


u 


TRIAL   OF   THE   ASSASSINS   AT  WASniXGTOJS". 


breaking  away  from  me,  disappeared  down  stairs; 
wliiicin  the  vicinity  ot'tlie  door  of  my  lather's  room, 
as  I  was  piisbiiig  liim  out,  when  lie  ounie  opposite  tlie 
light  in  Uie  hall  itslione  on  him,  Bn:l  1  saw  liiui  dis 
tinctly:  I  saw  that  lie  was  a  very  lar^e  man,  with 
daric 'straight  hair,  smooth  /"ace  and  no  liiarti;  I  no- 
ticed the  expression  of  liis  ooiinli  Dunce;  I  then  went 
into  my  room  and  got  my  pist(  1  wliich  had  to  be  taken 
out  irom  the  bottom  oi  my  carpet  ba^';  I  then  went 
downstairs.  intendin'Z  to  slioot  tlie  person  ii"lie  at- 
tempted to  retnrn;  wliile  standing  at  llie  door  the  ser- 
vant boy  came  iiaelc  and  said  tlie  man  had  r.ddenoff 
on  hoisebuc'ic:  I  tlien  realized  lor  the  l:r.-t  time  that 
the  man  was  an  assassin  who  had  entered  the  house 
for  the  purijisj  of  murdering  my  latlier? 

Q.  U.d  youthen  return  to  your  father's  room  ?  A.  I 
suppose  it  was  live  minutes  belorel  got  back;  there 
wa-i  <]uite  a  crowd  collected  at  t.iedoor:  I  sent  lor  a 
doctor,  and  made  arrangements  to  keep  the  crowd 
out;  it  mav  not  have  heeu  Three  minutes. 

Q.  ^tate'whetlier  you  examined  the  number  and 
character  of  the  wounds  given  your  lathi  r  aud  bro- 
ther, Jlr.  Fred.  W.  Seward?  A.  Ko,  I  did  not  exam.ne 
them  that  night;  1  was  beaten  very  liadly  m\  selt.  I 
found  when  1  got  i:p  stairs  again;  after  my  fitlier's 
wounds  had  been  dressed  and  alter  my  arm  had  been 
bandaged,  I  went  in  and  saw  my  lather;  he  laJ  one 
very  large  gasli  on  his  right  ciieelc,  besides  a  cut  oi 
his  "throat,  on  the  right  side,  and  one  under  his  left 
arm;  I  did  not  examine  my  brother's  wounds;  I  did 
not  know  that  night  liow  badly  he  was  hurt;  the  next 
dav  he  w.as  insensible  and  so  remained,  and  it  was 
four  or  five  davs  belore  ls\wwi!at  his  wounds  were. 

Q.  What  d;d  you  then  discover?  A.  There  were  two 
wounds  about'liere  (pointing  to  the  le  t  si.leof  the 
head,  over  the  ear);  after  t  le  piece  of  the  skuil  bad 
been  tal^eu  out  it  left  the  brain  expo  ed. 

Q.  Had  he  receivea  any  stab  at  all  from  the  knife? 
A.  I  never  saw  anylh.ng  of  my  brother  during  the 
whole  t  me.  • 

Q.  Did  the  wound  indicate  that  a  knife  had  been  used? 
A.  I  thought  myself  it  was  done  by  a  kniie,  butlhe 
surgeon  seemed  to  think  it  was  done  by  thehammerof 
the  1  i>tol;  it  was  such  a  wound  as  I  would  have  sup- 
posed might  have  been  done  with  a  km.ie. 

Q.  IJid  you  see  a  pistol  picked  up  in  that  room?  A.  I 
did  not:  l  know  there  wiis  one  pieced  up. 

Q.  Did  you  see  any  article  of  clothing?  A.  Yes;  a 
hat. 

Q.  Would  you  recognize  it?  ^producing  a  hat).  A. 
Yes,  I  am  quite  certain  that  is  the  hat;  I  saw  tlie  hat 
after  ii  had  been  picked  up  and  put  in  a  bureau  drawer; 
it  was  taken  out  and  shown  to  me  the  next  day;  I  did 
not  see  it  that  night. 

Q.  And  you  say  you  supposed  it  to  have  been  the 
nurse?  A.  Yes;  I  had  no  idea  who  the  man  was  until 
he  was  out  of  '.he  house. 

Q.  Yon  say  1  hat  vou  were  struck  with  a  kniTe?  A. 
The  surgeons  tliinlc  it  was  with  a  knife  1  was  struck:  I 
supposed  at  the  time  it  was  with  a  hnttle  or  a  de- 
canter; that  the  nurse  had  become  delir.ous  and  was 
Striking  at  random. 

(i.ci'o  you  t'l  el  entirely  sa/Ufled  (hat  the  person  at  the 
bar  i^  the  same  man?    A.  I  do. 

Cross-examined  hy  Mr.  Doster.— Q.  Be  good  eno  gh 
to  state  whet  .er  this  istiie  tirsl  time  you  liaveseen  the 

Erisoner  since  he  was  taken?  A.  No;  I  saw  him  on 
oard  the  monitor  the  day  alter  he  was  taken. 

Q.  Did  you  identii.v  him  then?    A.  Yes. 

Q.  Please  state  the  circumstances.  A.  He  was 
brought  up  on  the  monitor;  I  fo(jk  hold  of  h:m  the 
same  wav  I  did  in  the  room,  and  loi>ked  up  in  his  lace: 
lie  had  the  same  features,  with  his  size,  his  propor- 
tions, his  swarthy  face,  and  no  beard  that  I  njticed, 
and  when  he  was  made  to  repeat  the  words.  "I  am 
mad,  I  am  mad,"  I  recognized  the  same  voice,  vary- 
ing only  in  intensity. 

TesJJmoiiy  of  Richard  C.  Morsran. 

Examined  by  Judge  Holt.— Q.  8tate  whether  or  not 
on  tlie  17th  or  isth  of  Aiiril  last,  you  werein  the  service 
of  the  (Jovernment,  and  if  so,  in  what  capacity?  A.  1 
am  in  the  serviced  the  War  Department,  acting  under 
the  orders  ot  C'olonel  Olcutt. 

Q.  State  whether  on  one  or  both  of  these  days,  you 
had  possession  oi  the  bouse  of  the  prisoner,  Mrs.  Sur- 
ratt?    A.  Yes. 

Q.  Sta  e  where  that  house  is?  A.  No.  048  II  street, 
city  of  Washington. 

Q.  State  whetiier  or  not  you  took  possession  of  the 
house,  and  what  occurred  there?  A.  About  twenty 
minutes  past  11  o'clock  on  the  evening  of  the  17th  ol 
Ajiril,  in  cumpany  with  other  ollicers.  I  went  to  t!ie 
housj  of  Mrs.  surratt  for  the  puriiose  of  sei;ing  the 
papers  that  miglit  be  found,  and  of  arresting  the  in- 
mates of  the  house;  alter  we  liad  been  attiie  house 
about  ten  minutes,  and  Major  Smith.  C'aptiiin  Weuners- 
Icerch,  and  some  other  ollicers,  he.d  arrested  the  in- 
mates oi  the  iiouse,  wl.o  wire  in  the  parlor  all  ready 
to  coaie  out.  I  had  sent  an  odicer  lor  a  carriage  to  taue 
them  away,  when  I  heard  a  knock  and  a  lim^  at  the 
door  atthesatnc'time:  Captain  Weiiiierskerch  and  my- 
self went  to  the  door  and  o;)ened  it;  the  prisoner. 
Payn^  came  in;  he  had  a  pic'.caxe  in  his  hand;  he 
bad  on  a  grey  coot  and  biack  pants,  a  hat  made 
out  of  the  sleeves  of  a  shirt,  I  judged;   as  soou  as  he 


came  in  and  immediately  closed  the  door,  he  said, 
"I  guess  I  am  mistaken."  said  I,  "who  do  you  want 
to  see?"  He  reidied,  '"iirs.  Sunatt;"said  I.  "vou  are 
right,  walk  in."  He  took  a  seat.  I  said,  "what  did 
you  come  here  for,  this  time  of  niglit?"  he  said  he 
came  to  d:g  a  giiuer;  that  Mrs.  SuiVatt  had  sent  for 
him;  I  asKed  him  when  and,  he  said  in  the  morning; 
I  a^ki  d  him  where  he  last  worked,  and  ho  said 
somewhere  on  IS'inth  street;  I  asked  him  where  be 
boarded,  he  saitl  he  had  no  boarding  heuse,  that  he 
was  a  poor  man,  and  earned  his  livin:,' with  the  jick- 
axeinhis  band:  la^  ed  him  how  much  he  made  a 
day,  lie  said,  nothing  at  all  sometimes,  sometimes  one 
dollar,  and  somit  iiies  one  dollar  and  lill.v  cents; 
"nave  you  any  money?"  "Not  a  cent."  I  asked  him 
why  became  at  th  s  timeot  night?  be  said  he  came 
to  see  where  it  was  to  be  dug.  so  that  l:e  could 
commence  earl.v  in  ll;e  mornin;;:  I  said,  have 
you  bad  no  pievious  acquaintance  with  Jlrs.  Surratt? 
ho  said,  Ko;  1  said,  why  d.d  she  seiect  y(  u  lor  this 
work?  he  replied,  lliat  she  ki;ew  he  was  working  in 
that  neighborhood;  that  he  was  a  poor  man,  and  slie 
came  lo  him;  lasked  him  how  old  he  was,  and  he  said 
about  twenty;  tasked  biai  where  he  was  from;  he 
said  iroin  Fauquier  county,  \'a.;  previous  lo  this  i;e 
had  lulled  out  an  oath  of  allegiance,  hand,  d  it  to  me 
andsaid.thatw.ilshow  you  who  I  am;  itcontained  the 
name  of  Douis  Payne,  Fauquier  county,  Va.:  lasked 
him  if  he  was  iiom  the  fcouth:  he  said  he  was;  I  asked 
him  when  he  left  there;  he  said  two  months  a'-,'o,  in 
February;  lasked  him  why  he  left;  he  said  that  he 
had  to  leave  or  go  into  the  army;  that  he  preferred  to 
earn  hii  living  w.th  the  pick-axe;  I  asked  him  ii  he 
could  read;  be  said  no;  I  asked  him  if  he  ccu.d  write; 
he  said  he  could  manage  to  write  his  own  name. 

Q.  Is  that  the  pick-a\e  hehad  on  his  shoulder  (pro- 
ducing the  pick}?  A.  Yes;  I  then  told  him  he  would 
have  to  go  to  the  Provo-t  Marshal  and  exnlain:  be 
moved  a  little  at  tiiat.  and  d.d  not  answer;  the  carria'.;e 
had  arrived  to  take  ujj  the  women;  they  were  sent 
off,  and  I'ayne  was  also  takPn  away  in  charge  of  olli- 
ceis;  MajorSmitli,  Captain  Wennefskercli,  and  myself 
remained  to  search  lor  papers;  we  did  not  leave  till  3 
o'cloc'.c  the  ne.Yt  morning. 

Q.  Did  Mrs.  Surratt  le.ave  the  house  before  Paj-ne 
came,  or  aiierwards?  A.  They  were  preparing  to 
le;veaiid  were  in  the  parlor;  Mrs.  Surratt  was  di- 
rec;e  J  to  get  the  bonnets  and  shawls  of  the  others,  so 
that  t.iere  should  be  no  communication  with  each 
other;  she  did  so  and  they  were  just  read.S' to  go  and 
hal  started  to  go  wiien  we  opened  the  door;  1  think 
thfy  passed  out  as  Payne  ca  n(>  in. 

Q.  Then  she  d.d  not  .see  him  before  she  left?  A.  Yes, 
she  must  have  seen  h  m  as  sue  passed  ouc;  I  heard  no 
coiivi  rsation  in  ro'jard  to  it. 

Q.  State  what  paiiers  you  found  there?  A.  I  found 
se>  eral  i  a;Hr  aiiii  iJiiOoiii;rapns. 

Q.  Did  j'ou  lind  tliise  photograjjhs  of  J.  Wilkes 
Booth?  A.  No:  the  next  morning  I  wasshown  a  pho- 
tograph of  J.  Wilki  s  Eo..t ',  taken  Ir.im  her  house, 
lound  behind  a  picture;  we  Ibund  photographs  of  Jetf. 
Davis,  Alex.  II.  Stephen  ;  and  of  Beauregard;  we  also 
lound  ac  rd  ,  icuire  with  th'is  upon  it,  "Thus  will  it 
ever  he  witii  t  r-;u:s— ti.e  m  g  ity  -ic  sefiiper  t>/ranii  s." 

Q.  Will  you  g.ve  the  name  o  the  man  who  lOund  the 
jdiotograph  Oi  Boith?  A.  I  think  it  was  Lieutenant 
Dem)  sey. 

ti.  Were  you  or  not  aft  rw  irds  at  the  Provost  Mar- 
sl'.al's  oince?  A.  Alicui  ihi  ej  o'chjck  in  the  morning 
I  K<,t  there;  Jlrs.  surruit  lad  lieen  there  and  had  been 
taken  to  theOid  Capitol  Prisini  before  my  arrival. 

Q.  D.d  yon  bear  Mrs.  Surratt  say  anything  in  regard 
to  the  pr  soiicr  at  any  time?    A.  No. 

Cross-examination  b  •  Mr.  Aiken.— Q.  Have  you  not 
been  in  ti.e  li.ibit  of  seein  ;  exuibited  about  the  city  in 
shop  wintlows  the  piicio  rajjii  of  J.  Wilkes  Booth?  A. 
I  never  saw  one  of  them  heiore  the  assassination  of  the 
President. 

Q.  Have  yon  not  seen  photographs  of  Jeff.  Davis  and 
other  prouunent  Ira  lers  o  the  Itehellion  exhibited  ia 
shop  windows?  A.  I  never  had  one  of  them  in  my 
hands  until  I  louiid  th.m  attliis  house. 

Q.  Do  you  nit  know  that  they  have  been  so  exhi- 
bited?   a'.  1  have  nut  seen  any  since  the  Rebellion. 

Q.  Were  not  these  photographs  of  which  you  speak 
found  in  a  traveling  sack?  A.  No,  I  am  positive  of 
that. 

Q.  Were  any  of  the  photographs  found  in  that  bag? 
A.  No.  they  were  found  in  portiolios  and  on  tlie  man- 
telpiece. 

Q.  state  if  Mrs.  Surratt  made  any  remarks  in  regard 


to  Payne.    A.  As  she   pa  sed  out  it  now  comedo  my 

■       >  Ma' 
smith,  hut  I  did  not  hear  what  it  was. 


recollect  on    that  she   made  some   remark  to  Major 


U.  Did  you  e.xam  ne  the  traveling  bag  which  was 
taken  iroin  the  hon:  e?  .\.  Nn  Sir.  1  look  the  traveling 
bag  but  did  not  examine  it;  we  lie.d  no  key  to  ojien  it. 

Q.  D.d  .^ou  examine  it  alier  yoii  le  t  the  house?  were 
not  the  p.iotograi'hs  o.  Jell.  Davis  and  A.  1 1.  Stephens 
found  in  that  hag?  A.  No,  1  saw  it  opened  at  the  Pro- 
vost Marshal  s  oilice,  and  it  contained  nothing. 

Testimony  of  iWajor  Smith. 

By  Judge  Holt.— 0.  .State  whether  you  were  in  Blrs. 
Surratts  hou-ie  on  the  night  of  her  arrest?    A.  Yes,  I 


TRIAL   OF  THE   ASSASSINS  AT  WASHINGTON. 


■75 


was  in  charge  of  the  party  who  took  possession  of  the 
bouse. 

Q.  Did  you  see  Mrs.  Surratt  after  the  arrest  of  the 
prisoner  Payne?    A.  Yes. 

Q.  Did  yuu  malie  any  inquiry  of  her  in  regard  to 
him?  A. 'Alter  questioning  Puyne  in  regard  to  liis  oc- 
cupation, and  as  t  J  what  business  he  liud  at  the  house 
tliat  night,  he  said  lie  was  a  hiburcr  and  that  he  caiue 
there  to  dig  a  (;utter  at  the  request  of  JSIrs.  fcuriatt;  I 
Stepped  10  thed  or  of  he  parlor  and  saiu  "Mrs.Surratt, 
will  you  step  here  iur  a  moment:''  Jlrs.  Surratt  came 
there,  and  said  I,  "Do  you  know  this  man?"  she  said, 
raising  her  right  hand.  •'  Brfore  Gud  I  do  not  know  this 
man.  and  havti  never  seen  hhii.'  I  then  placed  Payne 
under  arrest,  considering  hVn  a  suspicious  character, 
and  that  I  should  send  him  to  General  Augur's  head- 
quarters lor  examination. 

Q.  Was  he  standing  in  full  view  Of  her  when  she 
made  tills  remark?    A.  Yes. 

Q.  You  reler  to  Mrs.  Surratt,  the  prisoner  at  the  bar? 
(Mrs.Surratt  raised  her  veil.)    A.  Yes. 

Cross-e.\amincd  by  Mr.  Aiken.— Q.  Did  you  examine 
a  bag  taken  from  iSirs.  Suiratt's  house?  A.  I  lound  a 
bag  there,  but  did  not  see  it  examined. 

Q.  Did  you  liud  any  photographs  there?  A.  I  did,  a 
number  of  them. 

Q.  Of  what  persons?  A.  Various  persons;  it  is  im- 
possible to  tell  wl:o  tuey  were. 

Q.  IMd  you  find  a  photograph  In  that  house  of  JeiT. 
Davis  or  Alexander  H.  Stevens?  A.  1  do  not  remem- 
ber 

Q.  Are  you  aware  or  not  that  it  is  a  common  thing 
for  photographers  and  keepers  of  boolc  shops  to  ad- 
vertise and  sell  pliotograplis  of  the  leaders  of  tlie 
Rebellion?  A.  I  am  not;  I  have  not  givensuch  matters 
my  attention. 

Q.  Have  you  not  seen  such  things?  A.  I  cannot  say 
tliat  I  have. 

Q.  Have  you  not  seen  these  photographs  in  the  pos- 
session of  persons  supposed  to  be  loyal?  A.  Yes,  a 
great  many,  but  only  those  who  obtained  them  since 
the  trial. 

Q.  Are  you  not  aware  that  it  is  a  common  thing  for 
the  photographs  of  eminent  actors  to  be  published 
and  scattered  broadctisl  over  the  land?  A.  I  am,  of 
eminent  actors. 

Q.  State  distinctly  where  these  photographs  were 
found?  A.  They  were  found  in  Mrs.  Surratt's  Ijouse; 
some  of  them  were  Ibund  in  a  photographic,  album 
lying  on  the  mantelp.eee  in  the  Iront  parlor;  there 
were  pictures  of  different  people,  with  whom  I  had  no 
accjuauitance  at  all. 

Q.  Wliat  was  transpiring  in  the  house  at  the 
time  Mrs.  Surratt  made  the  assertion  you  speak 
of  ill  regard  to  her  knowledge  of  Payne?  A.  The  man 
Payne  had  just  come  in  at  the  fioiu  door;  I  was  ques- 
tioning him  at  the  time  in  regard  to  what  his  proles- 
sion  was,  if  he  had  any,  and  what  business  he  liad  at 
that  house  at  that  time  of  night? 

Q.  How  was  Payne  dressed  that  night?  A.  He  had 
on  a  grey  coat,  black  pants,  and  a  rather  fine  pair  of 
boots;  lie  had  on  his  head  what  seemed  to  be  u  grey 
worsted  shirt  sleeve,  wliich  was  hanging  over  one 
side. 

Q.  Were  his  pantaloons  tucked  into  his  boots?  A. 
They  were  rolled  up  over  the  top  ot  one  leg  only 

ti.  He  did  not  strike  you  at  tiie  time  as  being  a  gen- 
tleman from  his  appearance,  did  he?  A.  Kot  particu- 
larly so. 

Q.  His  appearance  was  not  in  any  wise  genteel,  was 
It?    A.  Not,  at  all. 

Q.  Are  you  of  the  opinion  that  any  one  would  recog- 
nise a  person  in  thai  garb,  as  the  same  person  he  had 
seen  belbie  dressed  as  a  gentleman?  A.  I  certainly  am. 
(A  dirty  grey  worsted  knit  shirt  sleeve  was  here  pro- 
du'  ed.  and  identified  liy  witness  as  iheoue  Payne  wore 
on  his  head  tlieniglitof  h.sarivsl.) 

Q.  What  remark  did  you  make  to  Mrs.  Surratt  as 
you  were  loavm-j  the  house?    A.  1  made  none. 

Q.  Uid  you  say  auytliing  to  her  abcut  being  ready? 
A.  I  said  nothinga,  all;  1  said  get  ready. 

Q.  What  was  lier  attitude  at  ti;at  time?  A.  She  was 
seated  at  a  cliair  in  tiieiront  parlor. 

Q.  Was  she  not  kneeling?    A.  She  was  not. 

Q.  Who  was  present  at  the  time  of  the  asseveration 
she  made  that  she  did  not  know  Payne?  A.  C'aiHaiu 
Wernie  and  Kirsch,  subordinates  in  the  Department. 

Q.  Was  tliat  all  the  remark  she  made  to  you  about 
Payne?  A.  That  was  all  the  remark  she  made  in  my 
hearing. 

Q.  Mrs.Surratt  did  not  attempt  to  evade  the  ques- 
tion you  asked  her,  did  she?  A.  No,  her  answer  was 
direct. 

Q.  Was  it  light  in  her  hall  at thetime?  A.  Yes,  very 
light;  the  gas  was  turned  on  lull  head. 

Q.  Did  Mr.s.  Surratt  express  any  surprise  or  deep 
feeling  at  her  arrest  ?  A.  No  sir;  slie  did  not  ask  even 
lor  what  she  was  arrested;  she  expressed  no  surprise  or 
feeling  at  all. 

Q.  How  inanv  persons  were  arrested  together?  A. 
Mrs.  Surratt,  Miss  Surratt,  Miss  Fitzpatrick,  and  Miss 
Jenkins. 

Q.  Was  there  no  inquiry  made  of  you  as  to  the  cause 
of  the  arrest?  A.  None  whatever;  when  I  came  there 
I  went  up  the  stevs  and  rang  the  bell;  Mrs.  Surratt 

opened  the  window  and  said  ' '  Is  that  you,  Kirby?"  the 


replv  was  that  it  was  not  Kirby,  but  open  tlie  door; 
sbo  "opened  the  door;  1  came  into  the  hall  and  said 
"Are  you  Mrs.  Surratt?"  she  replied"!  am;"  "the 
widow  of  .10. lU  U.  Surratt?"  I  added,  "  and  the 
mother  of  John  H.  Surratt,  Jr.?"  she  replied  "  1  am;" 
1  said  "X  have  come  to  arrest  you.  and  am  in  your 
house  and  tal<e  you  to  General  Augur's  ibr  examina- 
tion;" (a  large  grey  dirty  sack  coat  was  produced  and 
identified  by  witness  as  worn  by  Payne  the  night  of 
his  arrest.) 

Q.  How  do  you  know  that  coat  to  be  tlie  one  Payne 
had  on?  A.  By  the  way  any  one  would  recognize  such 
an  article,  irom  menidry. 

Q.  What  marks  about  it  do  you  recognize?  A.  The 
CO. or  and  general  look  ol  the  coat. 

Q.  Are  you  sure  the  coat  lie  had  on  was  not  what  is 
callrd  Lohiederate  grey?  A.  I  am  very  siire,  as  i  said 
belore,  this  is  the  coat. 

Q.  Tiien  are  y  lU  certain  it  was  not  a  Confederate 
grey  coat  Payne  had  on  when  you  arrested  him?  A. 
I  have  said  1  am  certain  this  is  the  coat. 

Q.  Will  you  answer  my  questi(ui?  A.  Ihavealready 
testified  on  that  point,  and  I  do  not  know  whether  X 
am  cal  ed  uik  n  to  testify  three  or  four  limes. 

Aiiotliereoat,  smaller,  cleaner  and  a  brighter  grey, 
was  produced. 

Witness.— That  is  the  coat,  sin  I  recognize  it  by  the 
buttons;  that  was  all  that  was  wanting  in  the  other 
coat;  it  wai  hard  in  the  light  in  which  1  was  standing 
to  tell. 

Bv  Sir.  Aiken —Q.  If  you  should  see  a  gentleman 
dressed  in  black  with  a  \yliite  neckcloth  presenting 
hinxseil  as  a  Baptist  preacher,  and  two  months  after 
yovi  were  los'.e  tiiis  sameman  dressed  as  you  have 
described  Pavne  to  be  with  a  dirty  shirt  sleeve  on  his 
head,  a  picka.xe  in  his  hand  and  his  pantaloons  stufled 
into  his  boots,  i  resenting  himself  as  a  laborer,  do  you 
think  ycui  would  immediately  recognize  liim  as  the 
same  person?  A.  If  1  was  very  familiar  with  his  coun- 
tenance I  shnu'.d. 

Q.  You  could  recollect  that,  but  you  could  not  recol- 
lect acoatyuu  had  oiil.v  seen  a  short  time  befi>re,  nor 
distinguish  it  ironi  another  so  dillerent  in  appearance 
asthesetire.  A.  It  is  very  har.l  to  remember,  as  any 
one  may  well  know,  the  color  of  a  coat  seen  in  the 
nighttime. 

Testjtnojty  of  Siirg'eon-Oeiieral  Barnes. 
Examined  by  Judge  Holt.— Q.  State  whether  or  not 
on  the  night  "of  the  14th  of  April  last  you  were  called 
to  see  Sir.  Seward,  Secretary  of  Stale,  and  if  so,  in 
whatcondition  you  lound  him?  A.  On  the  nightof 
the  Mtli  of  Ai'.ril,  within  a  few  minutes  of  ll  o'clock,  I 
wentt)  Sir.  S  nvard's  house:  upon  reaching  there  I 
found  the  Secretary  wounded  in  three  places.  andMr. 
Frederick  Seward  "insensible,  and  very  badly  wounded 
in  tlie  head;  tlierest  of  the  family  I  did  not  see,  as  I 
was  occupied  with  them. 

Q.  Describe  the  wounds  of  each  of  the  gentlemen? 
A.  Sir.  Soward  was  wounded  by  a  gash  in  the  right 
cheek,  passing  round  the  angle  of  the  jaw;  by  a  stab  in 
the  right  side  ol  the  neck,  passing  into  the  large  muscle; 
and  by  a  stab  on  the  lei  t  side  of  the  neck,  passing  into 
the  body  id'  the  same  muscle.  Frederick  Seward  was 
sulfering  Irom  a  iracture  of  the  cranium  in  two  places; 
he  was  bleeding  profusely,  almost  pulseless,  and  un- 
able to  art.calaie. 

Q.  How  d.d  the  wound  seem  to  have  been  inflictea 
on  tlie  head?  A.  i;y  soni  blunt  instrument,  such  as 
the  butt  of  a  pisto'l,  a  bludgeon,  or  something  of  the 
kind. 

Q.  What  was  the  condition  of  Mr.  Seward,  Secretary 
of  State,  before  that  time?  A.  He  was  pnigressiug 
very  iavorablv;  he  was  recovering  from  a  sliock  re- 
ceived ten  days  previously,  and  was  getting  along  very 
well;  his  rn;lit  arm  had  been  broken  close  to  the 
shoulder,  and  his  jaw  I'r.actured;  but  his  most  serious 
injury  on  the  first  occasion  was  from  the  concussion. 

Q.  Do  you  know  whether  a  pistol  was  picked  up  in 
thechatnlier  of  Sir.  Seward  that  night?  A.  Not  while 
I  was  there,  and  I  have  never  seen  tL'e  pistol. 

Q.  Were  the  wounds  of  Sir.  Seward  very  dangerous 
in  their  character?  A.  Very  dangerous  and  he  is 
still  sull'ering  from  them. 

'I'cstiinttny  ofThomas  Price. 
Q.  State  to  too  Court  whether  or  not  on  the  14th   of 
April  you  picked  n|)  somewnere  i'l  the  vicinity  of  this 
citya"coat.    A.  Not  on  the  14lh,  I  did  on  Sunday  the 
Kith. 

Q.  Where  ?  A.  On  a  piece  of  woods,  between 
Bunker  Hill  and  Fort  Saratoga. 

ti.  Would  you  recognize  that  coat  again?  A.  Yea 
sir:  I  think  1  would. 

Here  two  coats  were  handed  to  the  witness,  one  ol 
dark  home-soun  Confederate  grey,  tho  other  of  a 
checked  cream  color,  somewhat  akin  to  the  shade  so 
often  affected  hv gamblers. 

Q.  Look  at  these  two  coats  and  see  if  either  is  the  one 
you  picked  up?  A.  This  is  the  coat  (holding  up  the 
lighter-colored  one). 

Q.  Did  you  discover  any  traces  of  blood  on  the 
sleeve?    A.  Yes  sir. 

Q.  Show  it  to  the  Court?  A.  (Holding  out  the  sleeve 
partly  turned  inside  out)  There  sir. 

Q.  How  fir  from  the  city  is  the  piece  of  woods  where 
you  picked  it  up?    A.  About  three  miles. 


76 


TRIAL   OF   THE   ASSASSINS    AT  WASHINGTON. 


Q.  Was  it  on  tho  other  side  of  the  Eastern  branch? 
A.  On  tlie  east  side  of  the  iiasteru  branch,  I  should 
thinli.  sir. 

Q.  On  any  road?  A.  there  is  a  road  runs  from  one 
road  to  anoilior  througli  this  piece  of  woods,  and  on 
tho  eastern  side  of  this  road  I  found  this  coat. 

Q.  Bid  I  understand  you  to  say  tliat  blood  was  upon 
it  when  you  louud  it?  A.  Yes  sir;  that's  how  I  recog- 
nize it. 

Cross-examined  by  Mr.  Doster.— Q,  When  did  you 
find  tliat  coat:  state  tlie  exact  lime?  A.  Sometime 
about  2  o'clock  on  tlie  IGth  of  April. 

Q.  Lyini,' in  the  road?  A.  Tlieie  is  a  kind  of  a  path; 
I  should  thiiilc  it  a  road  lor  drawing  wood;  tlie  grass 
had  grown  over  it,  and  on  a  turn  that  was  in  the  road 
I  Ibund  the  coat. 

Q.  What  direction  is  that  from  Washington  City? 
A.  There  is  a  valley  runs  in  the  direction  oi  Harwood 
Hospital,  and  tli is  .strip  of  woods  lies  in  that  valley. 

Q.  It  is  nortlioasl,  then?    A.  Yes  sir. 

Q.  I  understand  the  branch  to  run  east  from  Wash- 
ington—was it  east  of  that,  on  the  other  side  of  the 
branch?    A.  No,  on  this  side. 

Re-exam inatiou  of  Mr.  Roseti. 

Q.  Were  j'ou  present  when  the  prisoner,  Payne,  was 
searched?    A.  Yes  sir. 

CI.  Look  at  these  articles  and  say  whether  all  or  any 
of  iheui  were  f(  utid  upon  his  person?  (The  witness 
identified  the:irticles  shown  him,  consistins  ot  a  pocket 
comb,  a  needle  ease,  a  tooth  and  hair  brush  and  other 
articles.)  A.  Ves  sir;  they  were  handed  by  the  pri- 
soner to  Mr.  Simpson,  and  Mr,  Simp-on  handed  them 
to  me. 

Q.  That  big  man  there  is  Payne?  A.  Yes  sir,  that's 
the  man. 

Q.  All  these  articles  were  taken  from  the  person  of 
the  prisoner?    A.  Yes  sir. 

Q.  Do  you  reco^.;nize  these  hoots?  A.  Yes  sir,  as  those 
he  had  on  when  jjulled  otv  in  my  presen<e.  I  noticed 
his  socks  were  exceeain'jly  clean,  and  tied  up  in  some- 
thing like  Highland  fashion. 

Testimony  ot  S.  A.  Claris. 

Q.  Look  at  these  boots,  and  state  if  you  discover  any 
name  written  therein?  A.  Iliad  these  boots  yester- 
day, and  could  disc  )ver  writing  in  them.  It  had  nearly 
disappeared  from  the  ellect  of  the  acid  wi'th  which 
I  brouEclit  it  out. 

Q.  What  was  it?    A.  It  appeared  to  be  J.  W.  Booth. 

Q.  Was  it  perfectly  distinct?  A.  No  sir,  the  J.  W. 
was  distinct,  but  the  rest  was  obseure  when  I  first  re- 
ceived it:  it  was  merely  a  black  niaric;  the  writin'T  was 
covei'fd,  and  I  iVnind  it  was  one  coat  of  ink  covered 
over  another,  and  I  took  olfonecoatof  tho  ink. 

Q.  Yon  say  the  J.  W.  was  distinct;  wa-i  the  rest  so 
obscure  as  to  leave  much  doubt?  A.  Very  little  doubt, 
buti  ('an'tspeak  positively  of  a  thing  in  itself  obscure. 

Q.  What  is  your  business?  A.  Printing  and  engrav- 
ing in  tlie  Treasury  JJepartment. 

Cross-examined  by  Blr.  Doster.— Yon  state  you  had 
some  doubts  as  to  the  name  being  Buotli?  A.  I  had 
doubt.s  as  to  the  P  or  ii.  the  lower  part  of  the  B  being 
less  visible  than  tlie  other. 

Q.  What  process  did  you  use?  A.  I  took  off  the 
npper  coat  with  o.valic  acid. 

Q.  How  did  you  separate  the  upper  and  lower  coats? 
A.  By  using  water  as  fast  as  the  uiiper  coat  disap- 
peared under  the  acid 

Q.  How  was  it  made  clear?  A.  At  the  moment  the 
outer  coat  disappears  tho  inner  one  begins  to  show. 

Q  Did  you  have  any  idea  what  was  the  pui-pose  in 
giving  the  boots  to  vou?    A.  No  sir. 

(J.  Who  gave  them  to  you?  A.  Mr.  Fields,  Assistant 
Secretary  of  the  Treastirj'. 

U.  Did  he  tell  you  who  the  boot  was  supposed  to  be- 
long to?    A.  Yes  sir. 

Q.  And  who  had  worn  them?  A.  Yes  sir;  Mr.  Payne. 

Q.  You  had  then  an  impression  tliat  it  was  your 
duty  to  discoversome  name  upon  them?  A.  I  e-xpecfed 
to  find  the  name  of  Payne,  but  1  followed  out  the  let- 
ters until  I  discovered""th"  at  the  end. 

Q.  Is  it  possible  to  restore  that  name  by  any  means? 
A.  By  none  that  I  know. 

Q.  But  do  you  think  that,  take  it  altogether,  there  is 
a  reasonable  doubt  that  it  was  the  name  of  J.  Wilkes 
Booth?  A.  I  entertain  very  little  doubt  about  it, 
though  I  can't  swear  positively  to  such  a  thing. 

Testimony  of  9Ir.  Jordan. 

Q.  State  whether  or  not  you  are  associated  with  Mr. 
Clark  in  th(!  examination  of  the  name  upon  tlai  hoot, 
and  if  so,  descrihe  theproccss  and  tlie  result?  A.I 
was  onlv  reiiuested  to  look  at  it  after  it  had  undergone 
what  chemical  action  it  was  subjected  to:  1  liiokid  at 
the  marks,  and  came  to  the  conclusion  that  the  name 
written  there  was  .1.  W.  Booth. 

Q.  IMd  yoi>  examine  it  i  hrough  a  glass?    A.  Yes  sir. 

C'rossexamined  by  Mr.  Doster.— Q.  Did  you  know 
who  the  boot  came  Ironi?  A.  No  sir;  the  Assistant 
Secretary  called  me,  and  said  I  have  something  curi- 
ous to  show  you. 

Q.  What  day  was  that?   A.  Yesterday. 

Q.  Was  the  name  distinctly  legible?  A.  I  don't  think 
it  was:  a  part  of  the  name  was  quite  distinct. 

(i.  What  part  of  it?  A.  The  first  letter  was  quite  dis- 
tinct, the  middle  letter  not  so  much  ao,  and  the  third 


initial  still  less  distinct,  yet  quite  as  clear  in  its 
chara'^ter. 

Q,.  Were  the  letters  after  the  B  dim?  A.  No  sir;  I 
don't  mean  to  say  they  were  distinct,  but  sulliciently  so 
to  indicate  what  it  was. 

Q.  ISow  I  will  ask  you  what  you  thought  that  name 
was?  A.  1  said  J  thought  it  was  the  name  of  a  very 
distinguished  individual. 

ti.  Are  the  gentlemen  of  the  Treasury  Department  in 
the  haliit  of  receiving  boots  in  connection  with  cri- 
minHl  trials?  (Thelaughter  that  followed  this  question 
lirevenied  the  answer  being  heard  at  the  lieporler's 
desk,  and  we  are  obliged  to  leave  the  public  unin- 
formed as  to  the  habits  ot  the  Treasury  in  this  parti- 
cular.) 

Q.  Did  vou  come  to  the  conclusion  as  to  what  the 
name  was  before  yon  knew  whose  the  boot  was  sup- 
posed to  be?    A .  Yes  sir. 

Testimony  of  Mr.  Marsh. 

Q.  Look  at  that  boot  and  state  whether  you  made  an 
e.xaniiuation  of  it  to  ascertain  what  name  was  written 
there?  A.  Jt  was  shown  to  mo  by  Jlr.  Fields,  the  As- 
sistant .'Secretary  of  the  Treasury;  I  examined  it  and 
thought  I  could  make  out  at  first  the  letters  A.  J.  or  I. 
thin  A.  \V".  and  th,  as  the  last  letters;  then  I  thought  I 
made  out  a  B,  as  a  capital;  that  is  all  I  could  make  out 
on  a  first  examination;  then  I  though*;  I  could  make 
out  the  intervening  letters;  I  was  hot  satisfied  about 
them,  but  about  the  B.  and  tfi  I  was. 

Q.  Did  you  examine  it  through  a  glass?    A.  No  sir. 

Q.  In  regard  to  those  letters  you  mention,  you  have 
nodoubt  at  all?    A.  No  sir. 

Q.  In  the  Intervining  space  was  there  room  for  one 
or  two  letters?  A.  i'or  two  or  three,  but  that  would, 
depend  on  how  they  were  written;  it  was  about  half  an 
inch. 

Ke-exaniination   of   'William     II.    "Wells, 
(<"oIore<l.) 

The  proceedings  of  the  Court  were  here  delayed  by 
an  order  from  Judge  Holt  to  remove  the  fetters  from 
the  hands  of  Pa.vne,  in  oru^  that  he  might  put  on 
both  tlie  coats  already  spoicen  of  in  this  record. 
When  Payne  was  nnfettered  he  rose,  and  there  was  a 
hush  through  the  court,  and  every  eye  was  directed 
towiU'ds  him  and  iningled  expressions  of  admiration 
aild  abhorrence  could  be  distinctly  heard;  abhorrence 
at  his  real  or  supposed  crime  and  admiration  for 
his  fine  physical "  development.  His  face  slightly 
flushed  and  his  lips  curled.  An  involuntary  smile  re- 
vealed the  dnijiles  in  his  cheeks  to  which  the  colored 
boy  had  alluded  in  his  previous  testimony.  He  first 
put  on  the  coat  ot  Coniedeiatb  gre.vaud  over  it  drew 
the  longer  cream  colored  one.  The  hat  was  then 
handed  to  him  and  he  j)Ut  it  on,  and  turning  towards 
the  young  negro,  bent  his  dark  blue  eye  searchingly 
upon  him. 

Judge  Holt  then  said  to  the  boy— Do  j'ou  recognize 
him  now  ?  A.  Yes  sir;  but  he  had  a  white  collar  on, 
and  looked  quite  nice,  and  he  had  one  corner  of  that 
hat  over  one  eye,  turned  down  like;  I  tell  you  his  eyes 
looked  pretty  iiery;  here  the  boy  shook  his  head  as  he 
adiled,  '-Oh,  lie  knows  me  well  enough;"  in  spite  of  the 
solemn  ini))ortance  of  the  words,  the  homely  positive- 
ncss  01  tlie  boy  evoked  a  laugh,  to  which  Payne  him- 
self replied  bya  renewal  ot  his  o.d  smile. 

Re-examinatiou  of  Mr.  Robinson. 

'While  this  witness  was  being  1.  oked  for  the  Judge 
Advocate-(;eneralsaid,  I  wish  this  witness  also  to  see 
tlie  prisoner  in  his  jiresent  dress,  that  he  lu.iy  give  his 
cpinion  as  to  whether  it  is  thesame  man  or  not.  Hav- 
ing taken  the  stand  I\Ir.  Kobinson  said  he  is  more  like 
the  man  than  he  was  before;  I  should  think  that  he  is, 
but  yet  1  am  not  sure  about  it. 

Q."  You  didn't  state  precisel.y  the  hour  when  this  stab- 
bing occurreil,  in  jciur  previous  examination?  A.  It 
was  notlartroni  10 o'clock. 

Q.  Was  it  before  or  after  10?  A.  I  think  it  might  be 
after. 

(.1.  Do  you  know  whether  ihe  pistol  that  was  picked 
up  there  was  lo.aded  or  not?    A.  It  was  loaded. 

Q.  Did  you  examine  it?    A.  Yes  sir. 

Mr.  Dosttr  here  asked  that  Miss  Jlurray  be  recalled, 
to  which  the  Court  consented,  in  order  that  she  might 
have  an  opportunity  ofseeing  Payne  with  the  coac 
and  hat  on.  It,  was  found,  however,  that  Miss  Murray 
had  left  the  Court-rooiu. 

Testimony  «f  Jacob  Kitterspack. 

Q.  State  whether  you  know  Spangler,  the  prisoner  at 
the  bar?    A.  Yes  sir. 

Q.  Where  did  he  board?  A.  Where  I  did,  on  the 
corner  of  Seventh  and  (fstreels. 

Q.  Who  arrested  him?    A.  I  do  not  know. 

Q.  What  is  the  name  of  the  house?  A.  It  has  no 
name,  and  there  is  no  nun. her  to  it. 

Q.  W  ho  owns  it?    A.  Mr.  Ford. 

Q.  Who  lives  in  that  house?    A.  Mrs.  Scott. 

Q.  Were  you  present  when  he  was  arrested?  A.  No 
sir. 

Q.  Who  occupied  the  room  with  him?  A.  He  never 
slept  there;  he  just  got  his  meals  in  the  house. 

Q.  Had  he  no  room  in  the  house?    A.  No  sir. 

Q.  Did  you  see  the  rope  that  was  taken  there?  A.  No 
sir;  I  only  knew  he  h;.d  u  valiso  there;  iie  u.ied  to  j^eep 


TRIAL  OF  THE   ASSASSINS  AT  WASHIXGTOK 


n 


It  there,  but  the  detectives  came  and  a=ked  if  he  had 
anythin;,'  there,  and  I  said,  nothing  but  tho  valiso. 

Q.  Youkuevv  it  wasbpancrier's?    A.  Yes  sir. 

Q.  Wiieii  did  he  take  it  there?    A.  I  don't  l.now. 

CJ.  When  dd  you  give  it  to  tho  detectives?  A.  On 
Monday,  the  iTLh  of  April. 

Q.  Ain't  you  commonly  called  "Jake"  about  the 
thed-tie?    A.  Yes  sir. 

Tostiinoijy  of  Capt.  W.  M.  Waunerskerch. 

Q.  State  wbetlier  or  not  on  the  ]6th  of  April  you  were 
at  the  house  of  t'.ie  prisoner,  Mrs.  Surratt.  in  ibis  city. 
A.  No  Kir:  I  was  there  on  tho  ni'iht  of  tlio  17th. 

Q.  Wore  you  i^resent  when  she  and  Payne  met?  A, 
I  was  |i resent. 

Q.  D  d  you  or  did  yon  not  hear  Major  Smith  address 
any  remark  to  her,  or  make  any  inquiry  of  her 
in  re:;ard  to  Payne?  A.  He  asked  her  if  she  knew 
Payn». 

Q.  Was  she  in  the  presence  of  Payne?  A.  She  saw 
him. 

Q.  What  did  she  say  ?  A.  She  he'd  up  her  hands  in 
thi  ■•  posilion,  and  said,  •'.'^o  help  meGod,  I  never  saw 
him  before,  and  I  know  nothing  of  him." 

Q.  Uoyou  recosnizG  Payne  then  as  the  man?  A. 
That  IS  tl;e  man  yonder. 

Q.  And  is  that  woman  there  Mrs.  Surratt?  A.  lean- 
not  see  her  (hce. 

As  istantJudcre  Advocate  Brinorham  then  requested 
that  Mrs.  Snrralt  b:- aslced  to  unveil  ber  face,  which 
had  the  very  natural  elTect  of  attractin'j  to  it  tlie  gaze 
of  every  spectator  in  the  house:  but,  like  Payne,  she 
met  the  frlance  of  the  witness  mimoved.  and  when  be 
replied,  "  Yes  sir.  tliafs  Mrs.  Surratt,"  coolly  and 
slowly  replaced  her  veil  tae'bre  her  iace. 

Cro^s-examined  by  Mr.  Aiken.— Did  you  make  any 
search  of  the  premises  while  there?   A.  Id'd. 

Q.  What  did  you  find?  A.  I  found  a  number  of  pho- 
tographs, papers,  bullet  moulds,  and  some  percussion 
caps. 

Q.  In  which  room  did  yon  find  the  percussion  caps  ? 
A.  In  Mr;.  Purratt's  room,  on  the  lower  floor,  and  I 
also  found  there  the  hiilict  mould. 

Q.  Were  tin  ca;is  lyiu'^  louse  about  in  the  room?  A. 
They  were  in  oneiftie  bureau  drawers,  and  the  bullet 
mould  was  on  tlie  top  <  f  the  wardrobe. 

Q.  Was  this  room  on  tho  lirst  floor?  A.  It  was  the 
back  parlor  on  tlie  first  floor. 

Q.  What  wa5  the  iihotograph  you  found  there?  A. 
There  were  a  number  lound  there,  but  I  don't  know 
whosr^  likon'-sses  thevwcre. 

Q.  Did  you  find  any  ot  Davis  or  Stephens  there, 
or  anv  of  the  Rebel  leaders?  A.  Yes,  but  not  exactly 
photoprraphs;  they  were  litboijraphs,  cartes  de  visile  in 
the  sa'me  sts'le  as"pliotor;raphs. 

Q.  Are  you  aware  that  dealers  expose  these  for  sale 
throuiliolit  the  country?  A.  I  have  seen  them  in 
Eiiltimore  eisliteen  months  aso,  but  they  were  pro- 
hibited to  be  sold  by  the  Commanding  General  at  that 
time. 

Q.  Have  you  not  seen  photographs  of  the  leaders  of 
the  Pvebellion  in  the  hands  of  persons  known  to  be 
loval?    A.  Not  li-pquenlly. 

Q.  Well  did  yourversee  them?    A.  Perhaps  I  did. 

Q.  Have  yoii  ever  seeti  photographs  of  Booth  in  the 
hands  of  loVal  men?  A.  Only  in  the  hands  of  those 
who  took  an  interest  in  bavin'.:  him  arrested. 

Q.  Is  it  not  a  common  thing  for  photographs  of  emi- 
nent actors  to  be  e.xpscd  lor  sale?    A.  I  think  it  is. 

Q.  ■\Vhereabouts  were  you  when  jNlrs.  Surratt  ninde 
that  observation?  A.  Siie  was  staud/ng  in  the  parlor 
near  the  hall  door. 

Q.  What  remark  did  you  make  to  her  when  yon  were 
ready  to  t-ake  her  from  tho  lion^e."  A.  The  remark 
wai  made  by  Major  Smith:  he  had  sent  for  .a  cab,  and 
when  lie  sad  lie  was  ready  to  take  her  away,  she  re- 
quested hiuito  wait  a  while,  and  she  knelt  and  prayed 
a  lit!  Ic;  she  knelt  down,  but  wliether  she  i>raycd  or  not  I 
can't  s<n/. 

Q.  How  was  Payne  dressed  when  he  came  in?  A, 
He  was  dressed  in  a  dark  coat,  and  ji.in  s  that  seemed 
to  be  b!;xck;  he  had  a  close  fitting  head  dress,  a-ipa- 
rentlv  a»slurt  sleeve,  or  the  lower  part  of  a  pair  of 
drawers,  closely  fitting  around  liis  head,  and  hauging 
downon  tliesidosix  (u- seven  inches. 

Q.  I;  t'.i".tth'>  ariicle?  A.  It  looks  very  much  like 
it;  he  Vv-a;  full  of  mud  to  his  knees. 

Q.  D  )  you  think  you  could  recognize  the  coat  hehad 
on  if  yoa  should  sr"e  it  now?    A.  Yes. 

Q.  Do  you  recognize  it  now?  is  that  the  coat?  A.  I 
think  it  was  longer  and  darker. 

Payne's  hat  was  then  placed  upon  his  head,  and  his 
overcoat  removed,  and  then  the  witness  said,  "Tnat's 
the  coat,  and  that's  the  way  he  bad  the  head  dress  on." 

Q.  Are  you  sure  you  recognize  the  man.?  A.  Yes  sir; 
that  is  the  man. 

Q.  Do  you  think  if  you  should  see  a  person  dressed 
In  geuteel  dark  clothes,  with  a  white  cravat  about  his 
neck,  looking  like  a  Baptist  Jllnister.  and  then  si'e 
him  three  weeks  after  that  covered  with  a  shirt  sleeve 
on  his  head  and  his  pants  thrust  into  his  boots,  you 
could  reccgnize  him  as  the  same?  A.  I  declare  I  don't 
know  how  a  Baptist  Minister  does  look. 

Q.  You  lliink  you  would  recogrrize  a  person  in  such 
a  Chan  ;e  oigarl)  in  adiingaslight?  A.  If  I  were  asked 
to  look  at  him  and  ideniUy  hiiu  I  think  I  wouid;  the 


prisoner  had  taken  no  particular  pains  to  disguise 
himself;  his  face  looked  as  it  is  now,  and  I  would  re- 
ccKuize  him  if  he  put  another  coat  on  and  covered  him- 
self with  mud. 

Q.  Was  there  another  remark  made  to  you  by  Mrs, 
Surratt,  with  rclerencetoPayne  ?  A.  Ko  sir;  even  the 
one  mentioned  was  net  made  lo  me. 

Q.  Did  you  seea  black  bagtherc  ?  A.  Yes  sir,  I  have 
seen  it:  it  was  not  opened  in  my  presence;  we  had  no 
m(  ans  of  opening  ii.  and  wci  had  it  sent  to  the  Provost 
Marshal's  office  to  be  opened  there. 

Q.  Of  yuur  own  kuowh'dge  do  you  know  anything 
thatwasiuil?    A.  Nosir. 

By  Judge  Holt.— Yuu  found  the  bullet  moulds  on  the 
top  of  the  wardrobe  in  Mrs.  Surratt's  room?  A.  Yea 
sir. 

Q.  When  Mrs.  Surratt  looked  at  Payne  was  there  light 
enough  jor  iier  10  see  him  ?  A.  Where  he  stood,  that 
place  was  not  only  lighted  by  the  hall  light,  but  also  by 
the  light  from  the  jiarlors. 

By  Mr.  Aikeu.— U.  Haveyou  ever  had  any  percus- 
sion caps  in  jour  possession?    A.  Yessir. 

Q.  Have  .\ou  ever hadany  bullet-moulds?  A.  Idon't 
think  I  ever  had. 

Q.  Isutitacommon  thing  for  people  to  keep  them 
in  these  times?    A.  I  don't  know. 

Testimony  of  I.,icut.  O.  IX.  Rempsey. 

Q.  Did  you  ever  see  this  picture  before?  (Tl  ejiicture 
was  a  co.oced  miniature  representing  ti.ree  lemale 
figures,  geinraliy  sidled  Spring.  Summer  and  Au- 
tumn.) A.  I  saw  iliat  picture  in  the  house  of  Mrs.  Sur- 
ratt, in  tho  back  jiarior. 

Q.  D.d  .\  oil  examine  it?    A.  I  did. 

CJ.  Wliatdidjou  find  underneath,  between  the  pic- 
ture and  file  back?  A.  A  likeness  of  J.  Wilkes  Booth, 
aside-!ace  view. 

Q.  Isiiiaiii?  A.  That  is  the  same  face,  but  the  pic- 
ture I  found  was  aside  view. 

Objected  to,  but  objection  notsustained. 

Cruss-exaiuined  by  Mr.  Aiken.— Q.  Have  you  ever 
been  in  the  habit  of  seeling  pictures  of  Booth,  or  the 
leaders  oi  the  Kebelliou  exposed?  A.  ^  was  a  prisoner 
in  the  Souih  filiecn  months,  and  saw  many  of  the 
leaders  of  tliellobellion  persouaiiy  anil  in  pictures. 

^l.  1  mean  i.i  the  loyal  Slates?  A.  Very  lew,  sir,  ex- 
cept in  news,  apers. 

O.  In  loyal  newspapers?  A.  Once.  I  think,  a  picture 
of  Davis,  as  the  foruier  Secretary  of  War,  in  one  of  the 
Sunday  paiiers  ill  New  Y'ork. 

Li.  Have  yon  uot  seen  pictures  of  eminent  actors  ex- 
posed lor  sale?  A.  1  am  not  a  theatrical  cliaractcr  and 
can't  say  that  I  have  never  noticed  it,  but  1  haveseeu 
pictures  of  I'orrest  and  Macrtady. 

£te-exa:ninatioii  of  'Vi'iin.   ■W\   Iteichman. 

CJ.  Look  at  the  prisoner.  Payne,  and  state  whether 
you  ever  saw  b  ;ni  dressed  up  w-uh  that  coat  on  beibre. 
A.  Yes  sir,  wlieu  lie  last  came  to  the  house. 

li.  When  lie  remained  lliree  days?    A.  Yessir. 

Q.  btaie  wiiet..er  you  ever  saw  that  vest  before.  A. 
Y'es  sir;  he  a. so  had  a  (lair  of  boots. 

ti.  State  wliether  be  wore  a  white  cravat,  or  not.  A. 
He  Wore  a  black  cravat. 

Q.  iJid  you  ever  know  him  to  wear  a  white  cravat? 
A.  Ko  sir;  1  never  did. 

Cro.ss-examniedbyMr.  Doster.— Q.  All  this  happened 
when  you  wcregiVinu  inl'.irmai.ion  to  t.ie  War  Depart- 
ment, ami  on  iiKimate  terms  with  Mrs.  Surratt  and 
luTlamily?  A.  I  was  on  mtimaieterms  fur  a  time;  it 
was  on  this  occasion  tliat  Payne  went  to  the  theatre 
Willi  surratt  to  see  the  play  <jf  Jane  H/iorc  ;  I  indicated 
my  suspicions  lo  Oleasou  at  the  lime,  and  the  very 
morning  a.ier  lliat  the  horseback  ride  took  place. 

(J.  I  w.iS  asking  you  lo  fi.\  the  data,  that's  a  I.  A.  It 
was  about  the  1-lih  of  March;  he  came  lo  ihe  house  on 
theeven.ug  of  the  lotii  aud  remaiued  there  the  1-lth, 
loth  aid  linb  ;  oiitheisih  he  went  to  ti.e  theatre;  it 
was  when  lorrest  played  there  lour  nights  in  lliat 
week. 

By  Mr.  Cox.— Q.  So  you  fix  the  16th  as  the  date  of 
that  horseoack  ri^e?  Yessir;  to  the  best  of  my  recol- 
lection. 

Tcstunoiiy  of  Colonel  M.  H.  Wells. 

Q.  State  to  the  Court  whether  you  had  Payne  in  your 
custody  on  the  l9ih  of  April.    A.  Yessir. 

Q.  state  wliether  you  took  his  clothes  otT.  A.  Yes; 
I  took  his  coal,  pants,  vest  and  all  ofi'of  him.  onboard 
themoniior. 

U.  State  whether  he  had  a  white  shirt  on.  A.  Y'es 
sir.  and  aa  undershirt  minus  one  sloeve;  there  is  a 
very  distinct  mark  by  which  they  can  be  recognized; 
when  I  describcil  to  him  his  struggle  Willi  Jlr.  .Seward 
I  said,  "X  shall  find  Uie  blood  here,"  aud  I  lound  it  on 
the  coat  sleeve  and  also  on  the  shirt  sleeve. 

Q.  The  wliileshirt?  A.  Yessir.  (Then  the  witness 
took  the  shirt. and  .'^aid,  there  it  is,  pointing  to  theblood 
stains.)  1  called  his  attention  to  it  and  .said,  what  do 
you  say  now?  and  he  leaned  against  the  side  of  the 
boat  and  said^oihing;  I  also  took  from  him  the  boots 
that  have  been  shown  in  court,  and  asked  him  where 
he  got  them;  he  said  in  Baltimore  and  that  hehad  worn 
them  three  months;  I  called  his  attention  to  the  false- 
hood apparent  from  their  being  so  little  worn,  and  sent 
them  to  the  Treasury  Department  to  see  if  it  was  pso- 
sible  to  ascertain  what  the  lime  was. 


IS 


TRIAL   OF   THE   ASSASSINS    AT  WASHINGTON. 


Cross-pxamination  by  Mr.  Doster.— Q.  You  saw  the 
blood  on  tlie  CO  it?    A.  Yes,  on  thoslpeve. 

Q.  On  tlio  outside?  A.  No,  ou  the  inside,  on  tbe  lin- 
ing of  t'ie  le't  arm. 

Q.  D  d  you  threaten  the  prisoner  at  any  time?  A. 
Ko  s.r. 

Q.  Did  you  not  tell  him  he  was  a  liar?  A.  T  think  I 
did  toll  him  s>  several  times;  I  called  his  attention  to 
the  bood  on  thecoat  and  asked  him  how  the  blood 
came  there,  and  he  said  he  did  not,  know  how  it  came 
there. 

Q.  How  did  you  know  it  was  blood?  A.  Because  I 
saw  it. 

Testimony  ot  Miss  Blise  (Colored.) 

Q.  State  where  .von  >ive.    A.  At  Eryantown. 

Q.  Do  you  know  Dr.  INIudd?    A.  Yes  sir. 

Q.  How  far  does  he  live  troru  Bryantown?  A.  Four 
miles. 

Q.  State  whether  or  not,  on  the  day  after  the  Presi- 
dent was  murdered,  you  saw  him  riding  mto  Bryan- 
town.  A.  Yes  sir. 

Q.  At  what  hour?  A.  It  was  in  the  evening,  on  a 
dark  fos£,'y  day;  I  couldn't  see  the  sun;  it  might  be 
later  tliuu  three  or  lour  o'clock. 

Q.  Was  he  alone?  A.  There  wa.s  a  gentleman  with 
him  will  n  lie  iiassed;  they  were  on  horseback. 

Q.  How  far  from  town  do  you  live?  A.  Not  more 
than  half  a  mile;  they  wi  nt  past  my  place. 

Q.  How  long  beiofe  Dr.  Mudd  returned  ?  A.  In  a 
Bhort  time. 

Q.  IIow  long  after  that  before  you  went  into  town 
yourscli?  A.  Not  more  than  eight  or  ten  minutes. 

Q.  D:d  you  find  any  soldiers?  A.  Yes  sir. 

Q.  Did  you  hear  the  murder  spoken  of  then  ?  A. 
Yes  sir. 

Q.  Was  the  other  man  with  him  ?  A.  No  sir. 

Q.  Did  you  ever  hear  who  shot  the  President?  A. 
No  sir;  I  did  not;  I  only  heard  that  he  was  shot,  from 
person!  talking. 

Cross-examined  by  Mr.  Stone.— Q.  If  he  had  come 
the  same  road  with  JDr  Mudd  would  j'ou  not  have  seen 
him?  A.  I  was  not  tiiereall  the  time. 

Q.  How  long  did  Dr.  Mudd  stay  in  town?  A.  I  didn't 
think  be  stayed  more  than  a  quarter  of  an  hour. 

Q.  Can  jou  tell  whether  the  man  with  Dr.  Mudd  was 
an  old  man  i  r  a  j-oungnian  ?  A.  I  could  not  say. 

Q.  What  sort  01  a  horse  had  he?  A.  He  tti>peared  to 
be  a  bay  horse, 

Q.  Had  the  soldiers  been  passing  down  there  that 
day?    A.  I  aidn't  see  any  till  I  went  down  town. 


Washington,  May  20. 
The  first  witness  examined  to-day  was  Assistant  Sec- 
retary of  War  Dana,  as  follows:— 

Testimony  of  Mr.  C.  A.  Dana. 

Q.  State  what  position  you  occupy  In  the  Govern- 
ment.   A.  I  am  Assistant  Secretary  of  War. 

Q,  Look  at  the  instrument  before  you,  and  state  if 
you  have  ever  seen  it  before.  A.  I  took  it  out  of  the 
o2ice  of  Mr.  Banjamin,  the  Rebel  Secretary  of  State, 
in  Puchmond:  I  arrived  in  Kichmond  on  Wednesday, 
theGth,  and  went  into  his  office,  where  this  was  found, 
and  brought  it  away  with  me,  or  rather,  I  sent  it  to 
Major  l^ckert,  of  the  War  Department:  I  saw  it  was 
the  key  to  an  ollicial  cipher;  there  were  many  papers 
and  things  lying  arjund  there,  and  as  this  seemed  to 
be  interesting,  I  took  it  away. 

Q.  Did  jcu  find  it,  in  a  trunk?  A.  Nosir;  Benjamin's 
office  consisted  of  a  series  of  three  or  four  rooms  (I 
think  four),  Benjamin's  personal  office  being  the  inner- 
most of  all;  this  was  in  the  room  next  to  his,  occupied 
by  his  confidential  secretary  or  assistant;  most  of  the 
articles  had  been  taken  away;  the  record  had  been 
taken  away,  but  I  found  sev«a:al  interesting  documents, 
this  amongst  them. 

By  the  Court.- Q.  I  should  like  to  know  the  object  of 
the  instrument.  A.  It  is  a  key  to  a  cipher,  by  which 
certain  letters  of  the  alphabet  can  be  used  for  other 
letters,  and  by  using  these  pointers  such  a  cipher  can 
be  translated  or  plain  writing  turned  into  cioher  by  in- 
terpretation. 

Note.— The  machine  Is  about  a  foot  long  and  eight 
inches  high,  and  consists  of  a  cylinder  of  wood,  which 
has  a  paper  envelope  encircled  with  letters.  This 
cylinder  revolves  in  pivot  holes  at  each  end,  and  a  bar 
across  the  top  contains  wooden  indices  pointing  down 
to  the  letters. 

Testimony  of  Major  Eckert. 

Q.  Look  at  that  cipher,  and  state  If  it  was  found  in 
the  trunk  of  J.  Wilkes  Booth;  compare  it  with  this 
other  cipher  of  which  Assistant  Secretary  Dana  has 
just  spoken,  and  state  whether  or  not  they  are  the 
same.    A.  They  are  the  same,  sir. 


Q.  You  are  somewhat  familiar,  are  you  not,  with 
these  things?    A.  Yes  sir. 

Q.  Yiiuliaveno  doubt  as  to  these  being  the  same? 
A.  None  at  all,  sir. 

Q.  Stale  whether  or  not  cipher  despatches  have  from 
time  to  time  fallen  into  the  hands  of  the  War  Depart- 
ment, and  been  referred  to  you  for  examination.  A. 
They  have,  sir. 

Q.  State  whether  they  were  the  same  cipher  as  this. 
A.  Some  of  them  were,  sir;  they  were  worked  on  the 
same  principle. 

Q.  I  speak  now  of  the  despatches  of  the  l.'jth  and  mth 
of  October  last:  have  3:ou  them  now  in  your  possession? 
A.  1  have,  sir. 

Q.  Tliese  are  the  translations?    Yes  sir. 

Q.  Have  you  the  originals?    A.  Ko  sir:  I  have  copies. 

Q.  State  whether  they  aie  written  in  the  same  cipher 
of  which  you  have  spoken.  A.  I  think  they  are:  they 
may  bediUerent  in  the  key  word,  but  the  principle  13 
the  snme. 

Q.  Have  you  translated  them  ?    A.  The  clerks  have. 

Q.  Were  tliey  worked  out  without  any  knowledge  of 
this  instrument  at  the  time?    A.  Yes  sir. 

Q.  Are  these  translations  of  those  despatches  ?  A. 
Yes  sir. 

The  following  were  then  read  :— 

OcTOBKR  i.i.— We  ivgaii)  urge  the  immense  necessity 
of  our  gaining  immediate  advantages;  strain  every 
nerve  for  victory.  We  now  look  upon  the  re-election 
of  L'ncoln  inNovemheras  almostcertain,  and  we  need 
to  wiiip  his  hirelings  to  prevent  it.  Besides,  with  Lin- 
coln re-e'ected,  and  his  armies  vic:orious,  we  need  not 
hope  even  for  recognition,  much  less  the  help  men- 
tioned in  our  last.  Holcombe  will  explain  this.  Those 
figures  of  the  Yankee  armies  are  correct  to  a  unit  Our 
friend  shall  ho  immediately  set  to  w<  rk  as  you  direct. 

0(_TOBEn,I9,18ii4.— Your'letterof  the  18th  instant  is 
at  hand.  There  is  yet  time  enough  to  colonize  many 
voters  belore  November.  A  blow  will  shortly  be 
stricken  here;  it  is  not  quite  time.  General  Longstreet 
is  to  attack  Sheridan  without  delay,  and  then  move 
North  as  far  as  practicable  toward  unprotected  points. 
This  will  be  made  instead  of  the  movement  before 
mentioned.  He  will  endeavor  to  assist  the  Bepubli- 
cans  iu  collecting  their  ballots.  Be  watchful  and  assist 
him. 

Q.  State  whether  the  original  was  sent  to  its  address. 
A.  Yes  sir. 

Q.  From  what  direction  did  the  cipher  of  the  13th 
come?  A.  It  came  from  Canada,  and  went  to  Rich- 
mond. 

Q.  From  what  direction  did  the  cipher  of  the  19th 
come?  A.  It,  came  from  Richmond  and  went  to 
Canada. 

Testimony  of  General  Mamilton. 

Q.  State  whether  you  are  familiar  with  thehand- 
writiiigof  H.  .S.  Oldliam.  A.  Yessir;  as  familiar  as  I 
am  with  that  of  my  man  living. 

Q.  Slate  whether  that  (handing  him  a  paper)  is  in 
his  handwriiing  or  not.    A.  Yessir. 

The  loll  owing  is  theiiaper  handed  to  the  witness; — 

Richmond, Feb.  11,  18 i.).— His  Excellency  JefTerson 
Davis,  President  Confedcra'.e  States  of  America;— 
When  Senator  Johnson  and  myself  waited  upon  you, 
some  da.\3  since,  iu  relation  to  the  )  reject  of  anno.ving 
and  harrussing  the  enemy  by  means  of  burningtheir 
shipping,  towns,  etc.,  etc.,  tlieVe  were  several  remarks 
made  by  you  ivion  the  subject  that  I  was  not  fully  pre- 
pared to  !:n-:wer,  but  which,  uiioi)  subsequent  confer- 
ence with  the  parties  proposing  the  enterprise,  I  find 
cannot  aiiply  as  objections  to  tlie  sell r me. 

Fi.'st.  The  combustible  material  consists  of  several 
prop'arations,  and  nut  one  alone,  and  can  be  used  whli- 
out  exposing  tlie  I'arty  using  them  to  the  least  danger 
ofdetection  whatever.  The  preiiaratinns  are  not  in 
llie  hands  of  Mr.  J;aiiiel.  buts.ie  in  the  hands  o(  Pro- 
lessor  MeCullough,  and  are  known  but  tohimardone 
other  jiart.v,  as  1  undi  r^tand  it. 

Second.  There  i.s  no  necessity  for  sending  persons  In 
the  militaryservice  into  tlie*nemy's  country;  but  the 
wtjrk  may  lie  done  by  agents,  and  in  most  cases  by 
1  ersoiis  ignorant  of  the  facts,  and  therefore  innocent 
agents. 

Ibave  seen  enough  of  the  effects  that  can  be  pro- 
duct d  to  satisfy  me  that  in  most  cases,  without  any 
danger  to  the  parwes  engaged,  and  in  others  but  very 
slight,  we  can:— I.  Burn  every  vessel  that  leaves  a 
foreign  port  for  the  United  wtates.  2.  We  can  burn 
every  tr:msport  that  leaves  the  harbor  of  New  York 
or  other  Northern  ports  with  supplies  for  the  armies  of 
the  enemy  in  the  Siiuth.  3  Burn  every  transport  and 
gun-boat  on  the  IMississippi  River,  as  well  as  devastate 
the  country  and  fill  his  people  with  terror  and  con- 
sternation. 

I  am  not  alonein  thisoplnion,  but  many  other  gentle- 
men areas  fully  and  thoroughly  imj-ressed  with  the 
conviction  as  lam.  I  believe  we  have  the  means  nt 
our  command,  if  promptly  appro|iriated  and  energetic 
cally  applied,  to  demoralir.e  the  Northern  people  in  a 
very  short  time.  For  the  purpose  of  satisfying  your 
miiid  ou  tlie  sublect,  I  respecifully  but  earnestly  re- 
quest that  you  will  have  an  interview  with  ficneral 
Harris,  formerly  .1  memberof  Congress  from  Missouri, 
who,  I  think,  is  able,  by  conclusive  proofs,  to  convince 


TRIAL   OF   THE   ASSASSINS   AT  WASHINGTON. 


T9 


you  that  what  I  have  suggested  ia  perfectly  feasible 
and  practicable. 

Tiiedeep  interest  I  feel  for  the  success  of  our  cause 
in  thisstrugu'le,  with  the  conviction  of  theimportaiico 
ofaviiilinsr  oursflves  of  every  element  ot  clc.ensp,  must 
be  mv  excuse  f.ir  writing  you  and  requesting  you  to  in- 
vite Oenoral  Harris  to  see  you.  I  (you  sbuukl  see  pro- 
per to  do  so,  piease  siguiiy  the  time  when  it  will  be 
convenient  ior  you  to  see  him. 

I  am,  respectluliy,  j'our  obedient  servant. 

W.  .s.  OLDHAM. 

On  the  bacli  of  the  letter  are  the  two  indorsements, 
the  finst  being  "Hon.  V\'.  S.  Oldhum,  Ilichmond,  Feb- 
ruarv  12,  lsG.5." 

Q:  .State  whether  or  not  at  the  time  of  writing  it  he 
was  a  member  of  the  Senate  of  the  so-called  Confede- 
rate States  from  'J'e.xas?  A.  I  was  preseuL  when  he 
was  elected  by  the  Rebel  Legislature  of  Te.\as  to  a  seat 
in  the  .Senate'of  the  so-calied  C'c;nloderacy:  since  then 
I  know  it  as  a  matter  of  public  hisioi\-;  I  have  "een 
mpnv  speeches,  resolutions,  and  bills  introduced  by 
him  "into  that  Senate,  and  published  in  the  public 
prints. 

Q.  You  are  a  citizen  of  Texas,  formerly  a  member  of 
Congress  irom  there?    A.  Yes  sir. 

Q.  Do  you  know  the  McCullogh  mentioned  in  that 
letter?    A.Xosir. 

Testimony  of   Snrgreon-tSeneral  Barnes. 

Q.  State  to  the  Court  whether  or  not  you  made  an 
e.xaminatiou  of  the  body  of  Booth  after  his  death?  A. 
Yes  sir. 

Q.  Describe  to  the  Court  the  scar  which  is  alleged  to 
have  been  on  the  neclv  and  the  gener.d  aiipearanceof 
the  body?  A.  On  the  lelt  side  of  the  necktiiere  was  a 
scar,  occasioned  bj-  an  operation'per.urmed  by  Dr. 
Way  for  the  removal  of  a  iumor:  if  looked  like  the  scar 
from  a  burn  rather  than  an  incision. 

Q.  How  near  the  ear  was  it?  A.  Three  inches  below 
the  ear. 

Testimony  of  Fraiilt  Bloice. 

Q.  Where  do  yon  live?    A.  In  Charles  county. 

Q.  In  the  town  or  country?    A.  In  tbecountry.sir. 

Q.  How  far  fromBryantdwn?    A.  About  half  a  mile. 

Q.  Were  you  thereon  the  Saturday  after  the  mur- 
der? A.  I  was  tliere  on  Salurdny  evening,  about  four 
o'clock:  as  near  as  I  can  come  lo  the  time  it,  was  be- 
tween three  and  four. 

Q.  Did  you  see  Dr.  Mudd  there?    A.  Yes  sir. 

Q.  Wbai  time  do  you  think  tuat  was?  A.  Between 
three  and  lour,  sir. 

Q.  Where  did  you  see  him?  A.  He  cameinto  a  store 
while  I  was  there. 

Q.  State  whetl.er  the  soldiers  had  arrived  from 
Washinston  then?  A.  1  don't  know,  sir,  whether  they 
had  or  not. 

Q.  Weie  you  around  about  the  town?  A.  I  was  in 
the  store  when  he  came  in;  I  did  not  take  much  notice. 

Q.  What  lime  did  you  leave  the  store?  A.  About 
just  belbre  ni.rht. 

CJ.  When  did  he  start?  A.  I  didn't  see  him  when  he 
started;  I  didnl  take  much  notice  of  him. 

By  the  Court.— Was  the  report  of  the  President's  as- 
assassination  in  Bryantowu  at  that  time?  A.  I  don't 
know  sir. 

Q.  Did  yon  hear  it?  A.  No  sir.  I  didn't  hear  until  the 
roads  were  guarded;  that  was  a  little  before  nignt. 

Q.  You  heard  it  before  you  lelt  Bryantowu?  A.  Oh, 
yes  sir. 

TestimonyofJ.il.   Ward. 

Q.  State  where  you  live?  A.  Near  Bryantowu, 
Charles  county. 

Q.  State  whether  you  were  there  on  the  afternoon  of 
theday  fiUowing  the  murder  of  the  President?  A.  I 
was;  1  live  in  the  suburbs  of  the  village;  I  went  so 
Boon  as  I  finished  my  dinner,  and  arrived  there 
about  one  o'clock  ;  and  so  somi  as  I  arrived 
I  observed  the  military  were  in  town  with  L.eu- 
tenant  Murray,  and  perceived  a  great,  exc.tement, 
not  only  with  the  military,  but  with  the  people, 
and  I  imagined  they  were  going  to  search  the  houses; 
as  my  wile  was  alone  I  went  home  lest  sha  should  be 
alarmed;  a  n.gger  came  soon  a. forwards  and  said- 
Objected  10. 

Witness.— I  must  explain  the  facts  because  I  know 
but  little;  I  lelt  him  anu  went  to  the  village;  Lieute- 
nant Dana  had  put  the  village  under  martial  law, 
and  tiie  people  were  excited  about  getting  home. 

Q.  Did  you  see  Dr.  Mudd?  A.  I  can'isay,  the  excite- 
ment wai  so  great:  X  cant  say  1  saw  tiie  Dr. 

Ci.  What  is  your  opinion,  to  the  best  of  your  recol- 
lection, about  your  having  seen  Dr.  Mudd?  A.  I 
would  not  like  to  say  positively,  but  it  occurs  to  me 
from  laint  memory  that  he  was  there;  the  excitement 
has  been  so  great  ever  since  that  time  that  1  cannot 
say  positively. 

Q.  You  say  the  military  were  there  and  the  people 
were  much  excited,  and  you  returned  home;  how 
long  did  yon  remain  at  home?  A.  About  three-qnar- 
ters  of  an  hour. 

Q.  Did  you  then  hear  of  the  assassination  of  the 
President?    A.  Yes,  sir. 

Q.  Did  you  hear  who  the  assassin  was?  A.  Yes,  sir. 
Booth;  some  gave  him  the  name  ol  Boose. 


Q.  Did  you  hear  It  everywhere  spoken  of?  A.  Y'es, 
sir,  at  Bryiintown  I  did 

Q.  What  time  do  j-ou  suppose  you  heard  it?  A.  It 
was.  T  t  ink.  between  One  and  two  o'clock"  it  was  a 
cloudy  day.  and  I  never  paid  any  particular  attention, 
but  I  think  it  was  one  and  two  o'clock. 

Q.  What  timedid  you  leave  Bryantowu?  A.  I  could 
not  give  you  the  i)recise  time;  it  was  between  two  and 
threp  o'clock  that  I  left  the  second  time:  it  was  then  i 
found  the  military,  and  in  a  few  minutes  tkey  told  ma 
th  It  the  President  had  been  assassinated,  and  I  came 
back. 

Q.  Yousaysomesaid  it  was  Booth  andsomesaid  itwas 
Boose  that  was  sjjoken  by  some  soldiers  with  whoia 
the  English  lansuaire  was  not  conversant?  A.  They 
woii'd  call  him  Borth.  Boiiths  and  Boose:  tlose  who 
couldspeakaudibly  said  it  was  Booth;  tho«ewhohad 
i.ii  amalgamation  of  the  languages.'^aid  itwas  Bo  iths. 

U.  Where  were  you  when  you  first  heard  the  Presi- 
dent was  assassinated?  A.  At  home;  I  wanted  to  tell 
you  it  wasthroueh  the  authority  of  the  darke.v. 

Q.  Who  was  the  darkey?  A.  Charles  BUiice,  the 
brother  of  the  fellow  whose  testimony  has  jusi  been 
taken. 

Q.  Did  you  ask  him  who  assassinated  the  President? 
A.  I  have  no  knowledge  of  asking  him,  and  I  think  he 
never  told  me. 

Q.  In  whai  direction  from  the  centre  of  the  town  do 
you  live?  A.  I  live  in  the  eastern  direction,  crinci- 
pally  in  thesuburbs. 

Q.  On  ihe  road  between  Pine  Town  and  Dr.  Mudd  ? 
A.  I  liveclrse  to  the  road  leading  to  Bryantowu. 

Q.  My  question  is  do  you  live  near  or  on  the  road  be- 
tween Bryantowu  ami  Dr.  Mudds?    A.  No  sir. 

Q.  Is  it"your  impression  that  you  saw  Dr.  Mudd  in 
the  town?  A.  My  impression  i-i  if  it  bo  I)r.  IMudd  that 
I  saw,  I  saw  him'geton  his  horse:  but  I  could  not  swear 
that  it  was  Dr.  Mudd. 

Q.  Did  vou  see  the  face  of  this  person?  A.  No  sir 
not  that  I'kuovv  of;  but  I  could  tell  him  by  a  side  or  a 
back  view. 

Q.  liow  close  were  you  to  him?  A.  About  ten  or 
twenty  yards,  standing  on  the  porch  of  the  store. 

Q.  Yoii  are  only  able  to  swear  to  a  faint  impression  T 
A.  Ye-!, sir. 

Q.  What  was  the  color  of  the  horse  this  man  was 
going  to?    A.   I  don't  know. 

Q.  Do  j'ou  know  the  horse  Dr.  Mudd  usually  rides? 
A.  I  have  seen  him  on  a  great  many  hor.sis.  and  there 
was  a  great  many  horses  connected  there;  I  have  seen 
him  ride  a  bay  horse. 

Q.  Did  you  see  Dr.  Mudd  when  you  first  went  into 
town?    A.  I  think  not. 

Q.  Was  it  immediately  on  yourarrival  on  the  second 
time?    A.  Yes, sir. 

Q.  Were  you  personally  acquainted  with  Dr.  Jludd  ? 
A.  I  have  been  lor  two  years  and  five  months,  beiore 
that  I  had  no  personal  acquaintance  with  hiiu. 

Testjonony  of  I^ioutenant  I>ana. 

Q.  State  whether  or  not,  on  the  day  following  the 
President's  assassination,  you  were  iu  pursuit  of  the 
assassins  at  Br.\  antown  ?    A.  Yes  .sir. 

Q.  State  what  hour  you  arrived  there  ou  that  day? 
A.  I  sent  an  advance  guard  of  four  men.  they  arrived 
there  twenty  minutes  or  half  an  hour  be  ore  I  did;  I 
arrived  there  very  near  one  o'clock  that  afternoon, 
Saturday  a  ternoon. 

Q.  State  whether,  on  yoijr  arrival,  the  news  of  the 
assassination  was  si;iread  all  around  there?    A.  Yes  sir. 

Q.  \Vas  there  any  person  nienlionetl  as  the  assassin? 
was  J.  Wilkes  Bouth?  A.  Yes  sir,  and  some  of  the 
citizens  askedinie  if  I  knew  (or  certiin  ii  was  he;  a3 
early  as  a  qu'arter  past  —  o'clock  it  was  known  that 
the  President  was  assassinated  aud  who  the  assassin 
was. 

Q.  Are  yon  acquainted  at  all  with  the  prisoner  at  tne 
bar.  Dr.  Mudd?    A.  Nosir. 

Q.  Ilaveyou  any  knowledge  whether  you  met  him 
on  that  occasion?    A.  No  sir. 

Testimony  of  Robert  Nelson  (Colored), 

Q.  Do  you  live  in  Washington?  A.  Yes  sir;  I  did 
live  in  Virginia. 

Q.  Look  at.  tiiat  knite,  and  state  whether  yon  found 
it  in  the  street,  and  if  so,  when  and  where?  A.  Itl  loks 
like  the  one  I  found  opposite  to  ["Secretary  Seward's. 

Q.  When  did  you  find  it  there?  A.  The  Saturday 
morning  after  the  Secretary  was  stabbed. 

Q.  Did  you  find  it  on  the  pavement  or  in  the  middle 
of  thestreet?    A.  In  the  middle  of  the  street. 

Q.  Who  did  yon  give  it  to?    A.  Dr.  Wilson. 

Cro^s-examination.— Q.  You  say  it  was  the  same 
one?    A.  I  said  it  was  one  like  it. 

CJ.  It  was  not  in  a  sheath?  A.  No,  if  v/as  not  in  a 
sheath  at  all. 

(J.  Was  it  in  thestreet  or  the  gutter?  A.  It  was  in 
the  middle  of  the  street. 

Q.  Right  in  front  ot  the  door?    A.  Yes  sir. 

Q.  What  time  of  day  was  it?  A.  Early  in  the  morn- 
ing; I  was  going  to  market;  itwas  about  live  or  six,  I 
think. 

Testimony  of  I>r.  Wilson. 

Q.  Doctor,  look  at  that  knife  and  .■state  whether  or 
not  it  LS  the  knife  you  received  from  any  one?  A.  This 


80 


TRIAL   OF   THE   ASSASSINS   AT  TTASniXGTOX. 


Is  the  knife  I  received  Trom  the  colored  boy,  just  come 
from  the  staud,  ou  Saturday,  about  teu  o'clock  in 
tbe  clay. 

Q.  (Jn  the  ISth  of  April?    A.  Yes  sir. 

Q.  Where  did  he  give  it  to  yon?  A.  In  the  library  of 
Mr.  Seward:  in  the  iSeward  library;  he  brought  it  in 
the  door  and  handed  it  to  me. 

Tesliniony  of  Colonel  J.  B.  Stewart. 

Q.  State  to  the  Court  whether  or  not  you  were  at 
Fords 'riieal  re  on  the  night  of  the  assassination.  A. 
Yes  sir,  I  was. 

Q.  Bid  ,vou  see  the  assassin  jump  from  the  box  ?  A. 
I  did.  at  about  10  ..  o'clock;  I  was  sitting  in  the  from 
chair  near  th»  orchestra,  on  the  riglit  hand  side;  there 
are  twoa.sles  to  the  orchestra,  and  my  side  was  on  the 
corner,  on  the  le:t  hand,  right  undfrand  bringingme 
immediately  ne.xt to  tlie  inu'^ic  stand;  at  the  reportof 
the  p:stol  I  was  startled;  I  was  speaking  to  my  sis- 
ter, my  head  being  turned  to  the  lei'i:  I  glanced 
back  to  the  stage  :  an  e.xclamation  was 
made  and  a  man  leaped  from  the  I'resident's  box, 
lighting  on  the  stage.  He  came  down  with  his  bade 
slightly  towards  the  audience,  but  as  he  was  rising  his 
face  came  fully  in  view;  I  rose  and  attempted  to  leap 
on  thestase;  I  made  two  or  three  steps  on  the  railing 
to  the  riglit  after  ahgluing  from  wherw  I  sal  and  keen- 
ing m.v  attention  on  the  man  who  had  alighted  upon  tlie 
stage  and  who  had  jumped  from  the  President's  bo.x; 
when  I  reached  the  stage,  on  looking  to  the 
left  I  pereeivi  d  he  hiid  disappeared  on  the  le.t 
hand  egress;  I  exclaimed  "stup  that  man,"  and 
tlien  went  past  the  length  of  the  stage,  and 
turning  to  the  right,  was  at  a  distance  of  twenty 
feet  from  the  door;  bu^  the  door  was  slammed 
to,  I  ran  and  gotto  the  door  very  qjick.  but  on  com- 
ing to  the  floor  I  swung  it  Ihe.wrong  way,  but  I 
remedied  that  and  passed  out;  as  I  approached  the 
door  alter  I  had  last  said,  stop  that  man.  some 
one  said  he  has  gone  on  a  horse,  and  I  heard  the 
tramjjing  of  a  horse;  when  I  got  out  the  door, 
I  perceived  a  man  mountins  a  liorse  ;  he  was  at 
that  insttiut  barely  mounted;  the  moon  was  just  be- 
ginning to  rise,  and  I  could  see  him  better;  the  horse 
was  niovingas  though  premuturel.v  spurred  in  mount- 
ing; Iran  in  the  direction  to  wliicii  the  horse  was 
he'adin  ',  at  about  eight  or  ten  feet  from  tbe  head  olthe 
horse,  and  tlie  rider  brought  hiin  around  to  the  right 
again;  the  horse's  feet  were  rattling  violently  on  the 
stones;  I  crossed  in  the  same  direction,  and  was  now 
on  the  ri'.;ht  hand  side  of  tiie  horse,  but  he  was  gaining 
on  me;  when  about  two-thirds  of  the  way  out  of  the 
alley  lie  brought  the  horse  forward  and  swept  to  tlie 
left  of  F  street;  I  commanded  him  to  slop;  it  all  occu- 
pied but  two  seconds, 

Q,  You  found  the  door  closed;  did  you  see  anybody 
about  the  door?    A.  I  did. 

Q.  One  or  more  persons?  A.  I  passed  several  in  the 
passage,  one  or  two  men,  perhaps  five  persons  alto- 
gether; but  near  the  door,  on  the  right  hand  side,  I 
passed  a  person  standing,  who  sremed  in  the  act  of 
turning;  I  notxed  everything;  my  mind  is  impressed 
with  all  that  occurred,  and  I  saw  a  ijerson  there  who 
didn't  seem  to  be  moving  about. 

Q.  Look  at  the  prisoners  and  see  it  you  recognize  the 
man.  A.  I  see  i)ut  one  face  that  would  recall  him  to 
mv  mind. 

Q.  Which  one?    A.  That  one. 

B.v  the  Court. -*Stand  up,  Spangler.  'Witness.— That 
one"  looks  more  like  the  man  than  any  other  there. 
Q.  Describe  hiS  appearance. 

Mr.  Stewart  here  placed  himself  in  an  attitude,  in 
orderto  show  the  Court  tlie  iiiisilion  in  which  he  had 
seen  the  man,  which  was  a  three-fourtlis  view. 

Witness.— I  didn't  observe  so  far  as  to  liave  a  clear 
impression  of  his  visage;  he  was  turning  from  the  door 
towards  me. 

Cross-examination.— Q.  Was  it  the  passage  way  be- 
tween the  srene  and  tlie  green-room,  ahout  two  and  a 
half  i'eet  in  width,  through  which  Booth  ran?  A.  I 
don't  know  where  the  grecn-ri'oni  is;  I  nevi^r  was 
there,  but  if  I  had  apian  of  the  building  I  could  point 
it  out. 

As-sl-itant  Judge  Advocate  Burnett  then  handed  to 
Mr.  Stewart  a  plan  of  the  thiMtre  bv  which  heex- 
plained  the  routetaken  by  Booth  and  by  himseli'.  and 
on  which  he  marked  the"  spot  where  he  had  seen  the 
man  al.uded  to  in  the  latter  part  ol  his  examination  in 
chief. 

Q.  Wlien  .vou  got  out  of  the  door  the  person  was  just 
rising  into  his  saddle?  A.  He  was  in  his  saddle  leaning 
forward;  his  le.t  loot  apparentl.v  was  in  thestirrup;  he 
was  leaning  to»  he  left;  tlic  horse  was  leaving  the  walk 
in  .a  sort  of  motion  making  apparently  a  circle;  he  was 
sutiiciently  mounted  to  go  with  the  horse  without  being 
unbalanced;  he  was  getting  the  liorse  under  control  for 
a  forward  movement. 

Q.  Yoiiicould  not  say  then  that  he  had  just  got  into 
thesaddle?  A.  lie  w;is  balancing  himself  in  tne  sad- 
dle; I  would  Ibrm  an  opini<ui  from  his  position  and 
the  motion  of  his  horse  that  the  moment  he  got  his 
foot  into  one  stirrup  lie  started  the  horse,  who  having 
the  rein  drawn  on  one  side  more  than  the  ot^erdid 
not  at  once  make  a  straightforward  movement. 

By  Judge  Holt.— Q.  1  understood  you  to  saj'  that 
all  the  persons  you  met  with  iu  the  passage  us  you 


approached  exhibited  great  excitement,  except  this 
Ijaiticiilar  man?  A.  Every  person  that  came  under 
my  notice  in  the  brief  space  of  not  over  two  or  three 
seconds  as  1  ran  through  the  stage  toward  the  door 
were  greatly  agitated,  and  sec-mrd  literallv  be- 
wildered, except  the  person  near  the  door,  wlio  did 
not  seem  to  he  under  tbe  same  excitement. 

By  Mr.  Ewing.— Q.  ICow  long  did  it  take  you  after 
entering  that  pass.age  to  get  lo  the  door?  A.  lean 
hardly  lime  myself;  I  wa5  running  as  hard  as  I  could, 
and  was  only  obstructed  by  passing  these  persons;  it 
seemed  to  me  about  as  quick  as  you  would  count  one, 
two,  three,  lour,  five,  from  the  report  of  the  pistol  until 
I  reached  the  door;  I  knew  tbe  discharge  of^the  pistol 
waseither  by  accident  or  design,  and  that  it  was  by 
design  was  solved  by  the  man  jumping  on  the  stage; 
my  impression  was  when  he  came  from  the  Presi- 
dent's box  that  the  President  had  been  assassinated;  I 
was  so  much  under  that  impression  that  tliough  I  had 
not  heard  a  word  alter  the  person  on  the  horse  had 
gone  off,  I  inl'ormed  the  people  in  the  alle.v  there  that 
the  person  who  went  off  on  that  horse  h"ad  shot  the 
President, 

Q.  You  say  you  saw  only  the  profile  of  this  person  ia 
the  passage?  A.  The  profile  and  full  lace  as  lie  passed 
round. 

By  Judge  Holt.— Q.  Did  you  recognize  Booth  when 
you  saw  him  on  the  Stage?  A.  Oh,  yes;  after  I  went 
out  and  ri  turned  I  took  my  family  home,  and  imme- 
diately ran  down  the  street  towards  the  house  of  Sec- 
retary Stanton,  but  tinding  persons  had  been  lliere,  I 
turned  and  went  ra|)idly  back  to  the  police  station; 
found  Captain  Richards,  Superintendent  of  Police; 
gave  him  my  name  and  what  infjrmation  I  had,  and 
said^  to  him  I  thought  I  knew  who  it  was;  I  had  known 
B  loth  beiine  by  siglit;  some  two  years  he  ore;  I  was 
introduced  to  him  one  evening  aD  the  M  aropolitun 
Hotel;  then  I  had  seen  him  on  the  stage,  but  I  noticed 
him  more  during  the-past  winter  at'tlie  hotel;  I  wivs 
two  evenings  with  some  ladies  at  a  hop  attheNational 
Hotel,  .ind  noticed  this  gentleman  lefsiirely  moving 
aboutlhe  parlor;  ever.vperson  except  tlip  fino  I  have 
mentioned, seemed  to  be  perfectlv  bewildered  on  the 
stage;  1  felt  very  much  vexed  at  his  getting  awa.v. 

By  the  Court. —How  long  was  it  alter  you  heard  the 
door  slam  until  you  saw  this  man  balancing  himself  in 
thesaddle?  A,  Not  more  than  while  I  was  making 
two  steps, 

Q.  Are  you  satisfied  that  the  door  was  closed  by  some 
other  person  tlian  the  one  who  went  out  of  the  door? 
A.  I  could  not  iMissibly  be  satisfied  of  that;  there  was 
nothing  to  preclude  the  possibility  that  the  door  was 
closed  by  Booth  himself. 

Q.  Are  you  satisfied  that  the  person  you  saw  inside 
the  door  was  in  a  position,  had  he  been  so  disposeit,  to 
have  interrupted  tlie  exit  of  Booth?  A.  Beyohd  a 
doubt  he  was. 

Q.  From  his  manner,  he  was  cool  enough  to  have 
done  it?  A.  He  showed  no  agitation  like  slie  other  peu 
pie  did. 

By  Mr.  Ewing.— Q.  Were  not  the  other  persons  you 
have  spokfii'of  also  in  a  position  to  have  iuterrujJted 
the  exit  of  Booth?  A.  O  yes,  at  lea.st  at  the  moment  I 
saw  them  every  person  I  met  could  have  obstructed 
mv  motion,  exceiit  one  person,  who  was  three  or  live 
feet  ort'to  the  riglit;  that  was  the  person  X  described 
who  seemed  to  be  passing  olf. 

U.  Then  the  person  you  speak  of  nearest  the  door 
was  in  no  betierposition  to  liaveobstrucied  thepassage 
of  Booth  than  any  ot  the  others,  so  lar  as  you  know? 
A.  None  whatever. 

P.ythe  Courl.—Q.  Conld  this  man  nearest  the  door 
have  opened  it  and  gene  out  before  yiu  went  out?  A. 
Yes.  tlie  door  was  immediately  within  the  control  of 
the  iierson  who  stood  there. 

By  ]Slr.  Ewing.— (J.  Do  you  know  whether  an.v  person 
on  the  stage,  or  in  the  jiassage  as  you  went  out.  knew 
that  tne  asstussi nation  had  been  committed?  A.  I  can- 
not sa.v  that:  they  acted  very  much  like  people  as- 
tounded at  something  that  had  just  occurred. 

Tostinioji.v  of  Kobert  A.  C'niaigtbell. 

E.Kami  nod  by  Judge  IIolt.—Q.  State  where  you  re- 
side?   A.  Montreal.  Canada. 

(J.  Are  you  or  not  connected  with  the  Ontario  Bank 
ofthatciiy?    A.  I  am,  as  first  teller. 

Q.  Look  upon  tluit  account,  and  state  whether  or  not 
it  is  a  correct  abstract  from  the  books  of  that  bank? 
A.  it  is;  I  examined  it  before  I  came  away. 

tj.  What  is  it?  A.  It  is  the  iiccount  of  Jacob  Thomp- 
son with  the  Ontario  Bank.  Montreal. 

Q,.  State  on  what  day  the  account  commences?  A. 
The  account  commences  Ma.v  :;oth,  18ij4;  prior  t)  that, 
however,  he  left  sterling  exchange,  dr.iwn  on  the 
llebel  agents  at  Ijiverpoolor  London  for  collection;  as 
soon  as  agents  advised  us  of  the  bills  being  paid,  tlie 
proceeds  were  placed  to  his  credit;  the  first  advices  we 
had  was  May  :;0,  and  two  thousand  pounds  sterling  . 
was  the  amount, 

Q.  si:ue  when  the  account  closed?  A.  The  account 
closed  April  11, 186.1. 

Q.  State  the  aggregate  amount  of  credit  andthe  ag- 
gregate amount  drawn?  A.  The  aggregate  amount  of 
credit  was  $64.'js7,32:j;  there  is  now  a  balance  due  him  of 
about  ?17G-oH. 

ti.  Has  he  drawn  lately  to  any  considerable  extent? 


TRIAL   OF   THE    ASSASSINS   AT  WASHINGTOX. 


81 


A.  He  has  (Irdft'n  S.WO.OOO  vpiy  iiparly  since  March  i; 
bebuueht  at  cne  timeSlOd.OOOin  sterling:  exchange. 

Q.  StatP  tlie  amount  drawn  out  between  tlie  1st  and 
lotli  of  April?  A.  The  lirst  putry  in  Apnl  is  on  the 
4th.  a  very  small  chfck  cf.$10(i;  there  is  a  doposit  re- 
ceipt uufinr  dati'  of  6th  of  April,  of  Jl^i',iiiio  wiiicli  was 
to  be  paid  when  presented;  on  the  sth  of  April  lie  pur- 
chased 44U  pounds  sterlinr^  exchanire,  and  also  400:) 
poundssierln  ron  thesamedate;  on  the24tli  ofMarch 
he  purchased .^loit.io i stcrlins. 

Q.  You  know  Jacob  Thompson  personally?  A.  Yes, 
I  know  )iim. 

Q.  State  whether  or  not  since  the  14th  of  Aprillast 
he  has  left  Jloutreal?  A.  lie  has;  I  heard  him  say 
myseK'he  was  going  away,  and  I  know  lie  has  not 
been  seen  in  the  bank  latclj';  onooftlie  lasttraiisac 
tions  was  a  check  given  to  a  hotel  keeper  for,  as  I  sup- 
posed, board:  hf  said  he  was  going  overland  to  Hali- 
fax, en  route  to  Europe. 

Q.  Can  you  iix  the  date  of  that?  A.  I  could  not; 
since  tnen  he  has  di.sappeared  from  Montreal. 

Q  How  long'was  this  before  navigation  opened?  A. 
I  think  aliout  two  week«;  I  know  I  thought  it  strange 
he  was  going  overland,  when  by  wailing  two  weeks 
he  could  have  taken  a  steatnor. 

Q.  He  was  known  and  recognized  as  the  agent  of  the 
Confederate  States?  A.  His  account  was  simjily  with 
Jacob  Thompson:  we  did  not  .know  what. bo  was;  by 
Bews|iapor  report  be  waa  the  financial  a:;eni,of  tlie 
Eebels;  we  knew  that  he  boughtSouthern  sterling  ex- 
change biU-on  tlicira-ient-i  in  theold  country;  a  part 
of  the  time  he  resided  in  Upper  Canada,  and  a  part  ot 
the  time  in  Montreal. 

Q.  Have  .vou  known  him  to  be  connected  with  other 
money  tran  actions  with  other  banks  in  Canada?  A. 
Oh,  yes:  I  knew  of  one  transaction  of  fifty  thousand 
■with  Niagara  Distr  ct  Bank,  at  St.  Catharines;  tliat 
was  a  check  drawn  to  the  order  of  Mr.  C.  C.  Clay,  and 
deposited  by  him  in  Niagara  District  B ink;  tliat  hank 
sent  it  to  us,  and  we  put  it  to  their  credit;  the  date  of 
that  was  August  iiuh,  isi!4. 

Q.  Dd  you  know  J.  Wilkes  Booth,  the  actor  ?  A.  I 
did;  I  had  one  or  two  transaction-!  with  h'm. 

Q.  Howoiten  did  .vou  see  liini  in  Canada?  A.  T 
could  not  say,  I  m  ly  have  seen  him  a  dozen  times;  I 
remember  distinctly  seeing  him  there. 

Q.  iDid  he  have  a  small  account  at  your  bank?  A. 
Yes  he  has  still  to  his  credit  four  hundred  and  odd  dol- 
lars. 

Q.  Have  you  any  knowledge  how  that  credit  arose  ? 
A.  It  was  from  a  deposit  that  did  not  go  tliroiigh  my 
hands,  hut  through  tlie  hands  oi  another  receiving  tel- 
ler. The  memorandum  says  check  drawn  on  M"r- 
chants'  Jilank  by  Davis.  22.")  and  ten  iweiity-doilar  bills 

Q.  Who  was  IJavis,  the  person  referred  to  as  drawing 
thecheck?  A.  He  was  a  broker  in  iMi  ntreal.and  lam 
not  sure  whei  her  he  was  intmduced  hy  Davis,  or  by  T. 
C.  Martin  from  the  States. somewiierelrom  Itichmond 
or  Baltiniire;  when  Booth  came  into  tlie  bank  he  pur- 
cliasedaliill  oi  exchani;e  for  sixt.v-one  pound.-;  and  some 
odd  shillings;  he  said  he  was  going. to  run  tlje  block- 
ade: lie  asked  whether  in  case  liefshould  be  captured 
his  captors  cou'd  make  use  of  the  cxclian'-'e:  I  said  no, 
not  unless  lie  indorsed  the  bill:  hethens:'id  he  would 
take  three  hundred  dollars'  worth,  (or  wliieh  I  think 
he  paid  American  gold;  these  are  the  only  two  trans- 
actions ho  had  with  us. 

Q.  Look  at  these  hills  of  exchange  taken  from  the 
body  of  Booth. and  say  whether  those  are  the  ones  you 
refer  to.  A.  They  are  Ontario  Bank  bills;  there  is  no 
aoubt  about  that. 

Q.  State  wdiether  or  not  these  drafts  were  intended 
for  use  in  the  States  or  lor  gemn-al  d'sbursement?  A, 
We  can  never  tell  that;  we  never  ask  our  customers 
any  qnestions;  chocks  are  generally  made  payable  to 
bearer,  but  in  certain  instances  the  word  "bearer"  is 
scored  out  and  ••order"  put  over;  Mr.  Thompson,  be- 
sides these  sterling  exchange  tr;insactions.  has  lioiight 
from  us  several  times  United  States  currency  (green- 
backs). 

Q.  In  large  sums?  A.  He  boucht  on  August  2.5th 
filteeu  thousand  dollars  in  green'iacks;  July  I4th.  thir- 
teen thousand  one  hundred  and  twentv- our  dollars: 
that  was  the  amount  in  gold;  I  could  not  say  wl  at  was; 
the  amount  in  ^leenoacks;  at  that  time  1  think  ex- 
change was  about  fifty-live. 

Q.  Did  any  of  these  transactions  occur  during  the 
past  spring?  A.  On  the  14th  of  March  he  bought  one 
thousand  dollars  at  44''4,  (or  which  he]iaid  fi\e  hun- 
dred and  liity-three  dollars  in  gold;  he  bougni  several 
drafts  in  New  York. 

Tlie  Judge  Advocate-General  stated  that  there  was 
only  one  other  witness  he  desired  to  examine  to-day. 
iHe  was  a  very  important  witne.ss:  but  for  the  same 
reasons  stated  in  another  instance,  it  was  not  desirable 
that  Ins  examination  should  be  iiuhlic. 

The  Court  was  tliereupon  cleared,  and  the  remainder 
of  its  deliberations  for  the  day  were  in  secret  session. 


Washington,  May  22.— The  Court,  after  the  reading 
of  the  evidence  of  Saturday,  proceeded  to  take  the 
testinaony  of  Miss  Honora  Fitzpatrick.  as  follows:— 


B.v  Judge  Bingham.— Q.  State  where  you  resided 
during  the  month  of  March  last.  A.  I  resided  at  the 
house  of  Mrs.  Surratt,  the  lady  who  is  at  the  bar. 

Q.  State  whether  during  the  time  of  .your  residence 
at  her  house  last  winter  you  saw  John  H.  Surratt  and 
other  men  in  company  with  him  there.  A.  I  saw 
John  .Surratt. 

CJ.  \V rat  other  mencameduring  the  time  you  staved 
there  last  winter?  A.  I  saw  John  Wilkes  Booth,  arid  I 
saw  two  ot  the  prisoners  ivt  the  bar. 

Which  two?  A.  I  saw  Mr.  Atzeroth  and  Mr.  Wood 
(pointing  to  P.ayne.) 

Q.  Did  you  know  him  by  any  other  name?  A.  I  did 
not  know  him  by  any  other  name. 

Q.  How  often  did  you  see  this  Wood  at  the  house? 
A.  I  never  saw  him  there  except  twice. 

Q.  When  was  that?  A.  I  do  not  know  exactl.v  about 
the  time;  I  saw  him  there  once,  I  think,  in  iWarch. 

Q.  Howoiten  did  you  see  Atzeroth  there?  A.  He 
did  not  stay  at  the  house  at  an.v  time. 

Q.  Did  you  see.lum  there  several  times?  A.  Hewaa 
there  a  short  lime. 

Q.  Did  you  und  rstand  whether  he  Stayed  thereover 
night  once?    A.  He  did. 

Q.  Look  at  the  other  prisoners  at  the  bar.  and  say  if 
you  have  seen  any  oneoi  them  at  Mrs.  Snrratt's  house; 
have  you  seen  the  onestandingin  the  corner  (Harold;? 
A.  1  do  not  know;  I  never  saw  the  man. 

Q.  State  whether  yon,  in  company  with  John  Surratt 
and  ttiis  man  Wood,  visited  Ford's  Theatre  one  night 
in  March  last?-  A.  Yes. 

Q.  Did  you  occupy  a  box  in  that  theatre?    A.  Ye.s. 

Q.  Which  box  there  did  yon  occupy?  A.  I  do  not 
know;  I  did  not  pay  any  attention  on  which  side  it 
was. 

Q.  Was  it  the  upper  or  lower  box?  A.  I  think  it  waa 
the  upper. 

Q.  State  whether  John  Wilkes  Booth  came  into  that 
box  that  night  while  you,  Wood  and  .Surratt  were  in 
there?    A.  Yes. 

Q.  What  lady  accompanied  you?    A.MissDeane, 

Q.  Whendidyou  leave  Mrs.  Surratt's  house?  A.  I 
went  to  Baltimore  on  the  six  o'clock  train,  the  day 
alter  we  were  at  the  theatre. 

Q.  How  long  were  you  absent?  A.  I  was  absent 
about  a  week. 

By  the  Court.— Q.  Do  you  recollect  whether,  on  en- 
tering the  theatre,  you  turned  to  the  right  or  lefi  to  go 
to  the  box  you  occupied?  A.  I  do  not  recollect  which 
side. 

The  hour  of  one  having  arrived  the  Court  tool^  the 
usual  recess  for  an  hour. 

Alter  the  recess,  the  Court  took  the 

Testinnony  of  Captain    DonjjBiert.y. 

Q.  State  whether  ornotj-ou  had  command  of  a  de- 
tachment oi  cavalry  sent  in  pursuit  of  the  assassin  of 
the  Presidt'ut,  J.  W.  Booth.    A.  I  had. 

U.  The  circumstances  ot  the  capture  have  been  fully 
detailed  by  other-witnesses;  I  will  ask  w  lat  part, 
if  any,  you  took  in  thecapture  of  Harold,  and  if 
any.  slate  all  hesaid  on  that  occasion.  A.  There  was 
considerable  parley  ill  reference  to  the  arms  he  was 
supposed  to  have  while  he  remained  in  Garrett's  barn; 
we  had  a  good  deal  (il  conversation  with  Booth  about 
his  coming  out:  Booth  at  first  denied  there  was  any- 
body else  in  the  barn;  (iiially  hesaid  "Captain  there  is 
aniai!  here  who  wants  to  surrender  aw  lu  I  bad;"  Baker, 
one  01  tlie  dcteciives.  Willi  was  there,  said  to  me  "tell 
him  to  hand  out-  his  arms  and  come  out:"  I  re- 
peated tlie  direction  to  him,  Harold,  who  was  b.v  the 
door,  said,  "1  have  no  arms:"  Baker  said.  "We  know 
exactly  what  you've  got;"  1  remarked  to  Baker, 
"You'd  better  let  them  come  out;"  Baker  said.  "Wait 
till  Conger  comes;"  1  said  "No."  and  addres>ing'the 
man  at  the  door,  said,  "Oi>en  that  door  and  I  will  take 
that  man  out  niyseli:''  the  door  was  paitial!.y  opened; 
Harold  )iut  out  his  hands,  and  I  took  hold  ol  them  and 
imlled  him  out;  I  put  my  revolver  under  my  arm  and 
turned  liini  around  to  seoil  lie  liad  any  arms;  he  had 
none;  J  asked  him  if  he  had  any  jiapers;  he  said  •"No- 
thing but  this."  ]iulling  out  a  piece  of  map  from  his 
pocket:  Itook  him  back  a  shortdis.ance  fr  im  thedoor, 
and  just  at  tliat  taiie  the  shot  was  bred  and  thedoor 
thrown  open:  1  dragged  him  into  the  barn  where  Booth 
had  fallen  on  tlie  ground:  the  soldiers  and  dote,  lives 
who  were  there  came  in  and  brought  Booth  ou:;  I  took 
chiirge  of  Harold:  when  I  had  brought  him  outside 
again  he  said.  "Let  me  go,  I  will  not  leave,  1  will  not 
go  away:"  said  I,  "No  sir;"  said  he,  •'Who  has  been 
shot  in  tlie  barn?"  said  I.  "'You  know  wiio  it  is:"  he 
.said  ''I  do  not:"  he  to'd  me  his  name  was  B'l.vd; 
suid  I,  '•His  name  is  Booth,  and  you  know  it;" 
he  said,  "No,  he  did  not:"  I  had  him  tied  by 
his  hands  to  a  tree  about  two  yards  (roni  where 
Booth  had  been  carried  to  the  veraiidali  at 
the  house  and  kejit  him  there  until  we  were  re:id.v  to 
return:  Booth,  in  the  meantimit,  died;  I  sewed  hina 
up  in  a  blanket,  having  previously  ^eut  some  cavalry- 
men lor  a  doctor:  I  got  a  negro  who  lives  about  half  a 
mile  from  there,  witli  a  wagon,  put  the  bod.v  on  board, 
and  started  lor  Belle  Plain,  where  a  boat  was  waiting. 

Q.  Where  did  Harold  say  he  had  met  with  this  man? 
A.  He  told  me  he  met  him  about  seven  miles  irora 


TRIAL   OF   THE   ASSASSINS    AT  WASHINGTON. 


AVasb'-Rton.  by  accident :  I  think  he  said  between  11 
and  120  clock  on  the  nifrht  of  the  murder. 

Q.  Did  he  persist  in  suyin-;  hodid  not  know  Booth  at 
all?  A.  lie  lirst  said  hedid  not  know  him,  that  he, 
Booth.s^id  h;sname  w;is  Boyd. 

Q.  Did  he  state  where  tliev  went  after  thev  had  met 
In  Maryland?  A.  He  told  me  that  they  weiit  to  Mat- 
thias l»oint  and  crossed  there. 

Q.  D.d  he  mention  the  houses  they  stopped  at  on  the 
way?  A.  Not  to  my  knowledge:  the  house  of  Dr. 
f^telvart  wan  mentioned:  whether  he  said  so  or  not,  X 
do  not  distinctly  recollect. 

Cross-examined  by  Mr.  Stone.— Q.  Did  you  lienr 
Booth  f^ay  anything  about  Harold's  innocence?  A. 
Bootli  said  that  he  was  the  only  guiltv  man.  or  words 
to  that  eilect. 

Q.  Harold  made  no  resistance  at  all?  A.  While 
coming  home  he  said  his  feet  were  sore,  and  that  he 
Could  not  walk;  I  mounted  him  on  a  horse  and  tied 
him. 

By  Mr.  Campbell.— Q.  Did  not  Booth  remark  that 
this  man  was  innocent?  Was  not  this  his  e.vnressioii? 
A.  It  was  to  that  eilect:  I  cannot  swear  that  they  were 
tlie  exact  words  he  used. 

Testimony  of  Wm.  E.  Cleaver. 

By  Juige  Ilolt.— Q.  Slate  your  residence  andoccupa- 
tion.  A.  I  keep  a  livery  stable  on  Sixth  street  in  this 
city. 

Q  State  whether  or  not  J.  Wilkes  Booth  at  any  time 
kept  a  horse  or  horses  in  your  stable.  A.  He  aid  in 
January  last. 

Q.  Can  yon  describe  any  of  the  animals  he  kept 
there?  A.  Yes;  a  oue-ej'ed  bay  horse  was  there  about 
one  month. 

Q.  Wny  was  he  taken  away?  A.  He  sold  the  horse 
on  the :i(itli  ol  January  to  Samuel  Arnold,  one  of  the 
prisoners  at  the  bar. 

Q.  Did  you  see  the  horse  afterwards?  A.  I  saw  the 
hor?e  a  da)'  or  two  afterwards,  when  Arnold  paid  lor 
the  livery  and  took  liim  away. 

Q.  Do  you  know  aiiything.about  the  terms  or  c'r- 
cumstuncesof  thesale?  A.  I  only  know  t  at  Booth 
told  me  that  he  had  sold  the  horse  to  Arnold,  and  that 
Arnold  came  a  lew  days  afterwards  aud  paid  the 
lively. 

Q.  Have  you  seen  the  horse  since  that  time  ?  A.  I 
have  not. 

Q.  Did  you  see  Booth  and  John  H.  Surratt  go  out  of 
your  stable,  ridina  or  otherwise?  A.  Yes;  John  H. 
Surratt  w(iuld  occasionally  hire  a  horse  to  go  out  to 
eveninsinariies. 

Q.  With  whom  generally?  A.  With  Booth:  Booth 
gave  directions  to  let  Surratt  use  his  l^orse  anj-time  he 
desired. 

Q.  Did  you  ever  see  the  prisoner,  Atzeroth.  with 
Bootli?    A.  Yes.  I  have  seen  him  there  with  horses. 

Q.  With  whom  was  Atzeroth  generally  in  company 
at  the  stable?  A.  I  never  saw  him  with  anybody;  he 
was  generally  alone. 

Q.  Did  you  see  him  there  frequently  ?  A.  Ko  sir;  I 
never  fa.\v  him  there  but  once. 

By  Mr.  Ewinir.— Q.  Did  yon  ever  see  Arnold  after 
he  took  the  horse  away  earl.v  in  February  ?  A.  I 
did  not. 

Rc-examination  of  J.  li.  9IcPIiaiI. 

By  Judge  Holt.— Q.  State  whether  the  prisoner 
O'Lau'zhlm  has  been  in  the  Rebel  service.    A.  Helias. 

Q.  How  lonn  was  he  in  the  military  service  01  the 
BO-call(d  Coniederate  States?  A.  About  one  year:  I 
think  it  was  alter  the  battle  at  A ntietani.  or  South 
Mountain.  he>cume  in  and  gave  himsell  U|):  that  was 
in  the  year  18':!.  I  believe:  I  examined  the  records  of 
the  Provo-t  Slarshal's  ollice  before  I  came  (iVer  this 
morning,  and  found -an  oath  ot  alle,'iaiice  signed  by 
Michael  O'Laughlin,  and  myself  and  others,  and  con- 
chid' d  he  was  ihe  prisoner  at  the  bar  of  that  name; 
thed  ite  is  June  l' th,  iSG'i;  I  will  state  tliat  O'Lauglilin 
Bent  lor  me  to  correct  what  he  thought  w:is  an  error; 
he  the'i  slated  that  hedid  report  at  Martiusburg  and 
took  the  oath  of  adegiance;  I  have  here  the  oath, 
dated  Baltimore.  June  ICth,  1863,  signed  Michael 
O'Laughlin. 

Cros--examined  by  Mr.  Cox.— Q.  Does  it  .nppear  by 
this  oatli  that  it  was  taken  at  Balliniore?— A.  The 
oath  so  reads. 

Q.  An  1  the  prisoner  stated  that  he  gave  himselfup 
at  Martinsburg?  A.  He  told  nie  he  came  into  our 
lines  at  Martinsburg  and  there  took  the  oath. 

Q.  Then  may  you  not  liave  been  mistaken  about 
the  oath  iiaving"beeh  taken  at  Baltimore?  A.  If  he 
had  come  into  our  lines  at  Martinsburg,  and  taken 
theoath  there,  when  he  came  into  Baltimorehe  would 
have  reported.  It  is  customary  lor  parties  who  have 
taken  the  oath  elsewhere,  coming  Into  the  city,  to 
report  when  they  arrive. 

Q.  Do  you  know  his  handwriting?  A.  I  have  seen 
recently  quite  a  number  of  documents  which  I  believe 
to  he  in  liis  handwriting. 

Q.  But  you  never  saw  nim  write?    A.  I  believe  not. 

Q.  Have  you  heard  him  acknowledge  any  of  the 
letters  you  s^>eak  of  to  be  his  own?  A.  I  have  seen 
letters"l  believe  he  h.ns  acknowledged  to  be  his  own. 
but  I  have  bad  no  conversation  with  him  about  ihem. 


By  the  Court.— Do  you  know  anything  about  tho 
prisoner  Harold  prior  to  his  connection  with  this 
ali'air?    A.  Only  from  his  own  declaration. 

Q.  Do  j-oii  know  that  his  lamily  reside  in  Baltimore? 
A.  I  do;  they  liave  resided  there  within  my  recollec- 
tion, I  suppose,  lor  thirty  years. 

Fxaminatioii  of  Dr.  Verdi. 

By  Judge  Holt.— Q.  S'ate  whetheror  not  on  the  night 
of  the  assas'^ination  of  the  President  you  were  called  to 
the  hou^eof  Mr.  Seward.  A.  I  was;  one  of  theser- 
vanlscame  for  me. 

Q.  Atw;  at  hour?  A.  I  do  not  recollect;  perhaps  a 
little  before  eleven  on  Fr  day  night. 

Q.  State  in  wl?at  condition  you  lound  the  persons  at 
that  tiou.'^eyou  weie  called  to  see.  A.  I  found  iMr. 
Hansen,  a  messenger  of  the  State  Department,  lying 
on  a  bed,  wounded  by  a  cut  in  the  side  some  two  and  a 
half  inches  deep. 

Q.  Did  you  see  other  persons  in  the  house  of  Mr.  Se- 
ward at  the  t'me?    A.  I  saw  every  one  01  them. 

Q.  Stale  who  they  were  and  de«cr  b'>  their  wounds. 
A.  Mr.  Wm.  H.  Seward,  Frederick  Seward,  Major  Se^ 
ward,  Robinson  and  Hansell. 

Q.  They  were  all  wounded?  A.  Yes;  I  had  seen  Se- 
cretary Seward  about  nine  o'clock  that  evening  in  his 
room;  when  I  saw  him  next  lie  was  in  hi-:  bed,  covered 
with  blood,  blood  all  around  him.  and  blood  in  the 
b'^d:  Mrs.  Seward,  Miss  Fannj- Seward  and  his  man 
Ri  binson  were  in  the  room. 

Cross-examined  byJIr.  Doster.— Q.  Did  you  see  Mr. 
Frederick  Seward  on  that  occas  on?    A.  Ye^ 

Q.  State  whether  he  w.as 'Sensible  or  insen=!ible.  A. 
He  had  difficulty  in  articu'r.t  ng:  he  wanted  to  say 
something  hut  could  not  express  himself,  le  knew  me 
perfectly  well:  lie  had  a  smile  of  recornition  on  his 
lips;  as  1  was  looking  at  his  wound  on  the  forehead  he 
was  e\  identlyimpres';ed  that  the  sevce  t  one  was  on 
the  back  part  oi  his  heafl:  lie  commenced  moving  his 
li  s  and  point  ng  his  finger  there:  1  examined  his 
wound  and  lound  his»sku  1  broken;  Isaid.  Do  you  want 
to  know  whetier  your  skull  is  broken  or  not.  ;md  he 
assented:  he  remained  sensible  for  half  an  hour  and 
then  went  into  asleep:  he  woke  up  in  ab  lUt  twenty 
minut's.when  he  was  put  to  bed,  and  was  very  soon 
insensible. 

Q.  Did  you  also  give  the  information,  after  examin- 
ingthe  eider  Seward,  whether  tie  wounds  wt're  mor- 
tal oriiot?  A.  ^e-:,  when  I  camein'o  the  room  wi.ere 
lie  wa«,  T  found  terror  in  the  e.xpression  of  all  his 
family,  they  »evideiitly  supposing  his  wounds  were 
mortal:  I  examined  him.  and  inimediatelv  reported  to 
the  family  that  his  wounds  were  not  mortal,  upon 
which  iMr.  Seward  stretched  out  his  hands,  maniiest- 
ing  evident  ^atistaction. 

Q.  How  long  was -it  before  Dr.  Barnes  made  his  ap- 
pearance?   A.  Probably  twenty  minu'ex. 

Q.  Was.  or  WHS  not  Mr.  Sewaid  at  the  time  of  this 
attack  in  a  critical  condition  ?  A.  Nos'r:  he  had  im- 
proved very  much  from  his  former  injury,  wh'-n  his 
jaw  w;\s  broken. 

Q.  State  what  the  effect  of  these  wounds  were  upon 
Mr.  Seward  in  re  erence  t )  his  form 'r  c  indition.  A. 
Tlieetlect  was  to  debilitate  him  and  to  make  it  still 
more  difficult  lor  him  to  rally. 

Q.  Have  you  not  at  some  time  before  this  trial  stated 
that  the  wounds  received  by  Mr.  seward  had  a  ten- 
dency to  aid  in  his  recovering  from  the  former  injury  ? 
A.  No  sir:  I  have  lieard  that  such  an  opinimi  w:is  ex- 
pressied,  but  I  do  not  know  by  whom;  that  was  not  my 
opinion. 

Re-cxaininatioii  of  John  Borrow,  alias 
"•Peamils." 

By  Judge  Bingham.  -Q.  State  whether  or  not  you 
were  working  at  Ford's  Theatre  in  January  last.  A. 
Yes -sir,  I  was. 

Q.  Stale  if  you  know  the  stable  in  the  rear  of  the 
theatre  occupied  by  Booth's  horses  and  carriage. 
A.  Y'es  sir. 

Q.  Who  fitted  it  up?  A.  The  prisoner.  Spangler,  and 
a  man  dy  the  iiiime  of  Jones. 

Q.  Did  he  do  that  in  .laiiuary  la^t.  and  bef<^re  Booth 
put  his  horses  in  there?    A.  Yes  sir. 

Q.  What  d(l  he  do  to  the  stable?  A.  It  was  raised 
up  a  I'ttle  behind  and  stalls  put  in;  a  carriage  room 
was  al>o  pre'  ared. 

Q.  Was  Booth  there  at  the  time  he  was  doing  it?  A. 
He  was  there  sometimes. 

Cross-examined  by  Mr.  Ewing.— Q.  Did  Booth  oc- 
cupy that  stable  with  a  buggy  and  horses  irom  that 
time  on?  A.  Yes:  lirst  he'had  a  hor-^e  anil  saddle 
there:  then  he  sold  that  horse  and  got  a  horse  and 
busgv. 

By  Judge  Bingham.— Q.  When  wasthat  buggy  sold? 
A.  On  the  Wednesday  be. ore  the  President  was  mur- 
dered 

Q.  Who  sold  it?  A.  Ned  Spangler.  the  prisoner. 

By  Mr.  Ewing.— Q.  Do  you  know  who  he  sold  it  to  ? 
A.  He  look  it  downlo  the  bazaar,  where  they  sell  horses 
and  carriages;  hut  he-could  not  get  what  iie  wanted, 
and  so  he  sold  it  to  a  man  who  kecus  a  livery  stable. 

Q.  Did  you  go  with  Spauglerlo  takeitdowii?  A.  Yes 
sir. 

Q.  Did  not  Booth  and  CiPTord  tell  Spangler  on  Mon- 
day to  take  it  to  the  bazaar  to  sell?  A.  Yes;  on  the 


TRIAL   OF  THE    ASSASSIN'S   AT  WASHINGTON". 


83 


Monday  bpfore  it  was  sold  they  told  hitn  to,  and  I  went 
out  auci  cleaned  it  oil". 

Tos3i:iioiiy  of  James  9Ia«l«Iox. 

By  JiuiRe  liinslia'.n.— Q.  Were  you  employed  at 
Ford's  The  itre  last  winter?    A.  I  was. 

Q.  Stale  \ruo  rented  the  stable  lor  Booth  in  which  lie 
kept  his  horses  up  to  the  time  of  the  PresideuUs  mur- 
der.   A.  I  did. 

Q.  When  d.d  you  rent  the  stable?  A.  1  think  In  De- 
cember hist. 

Q.  From  whom?    A.  From  Mrs.  Davis. 

Q.  Forwlioni?    A.  For  Booth. 

Q.  Who  paid  the  rent,  and  how  was  it  paid?  A.  I 
paid  it  monthly. 

Q.  Whol'nrnished  the  money?    A.  Booth. 

Q.  Wore  you  i  resent  at  the  decoration  of  the  box  on 
Friday  a! ternoon  the  14th  of  April  last,  occupied  by 
the  Pnsidont?    A.  I  wa;  there  at  tlio  time. 

Q.  Do  you  know  who  decorated  it?  A.  I  saw  Harry 
Ford  decorating  i:. 

Q.  14(1  you  SO'  anybody  else?  A.  I  do  not  remember 
an.\  bjdy  c\>e:  there  may  have  been  others  there. 

(j.  Do  .\0'i  know  who  brought  the  rocking-cliair  in 
Which  tiie  rr;^sidont  sat.  to  the  box  that  any?  A.  I  do 
not;  1  saw  thi' colored  man,  Joe  Scmms,  with  it  on  Irs 
bead  tliat  afternoon,  coming  down  irom  Mr.  Ford's 
room. 

Q.  You  dill  notsee  who  put  it  into  the  box?  A.  No  sir. 

Q.  Have  you  ever  seen  that  chair  in  the  box  before? 
A.  Not,  this  season;  the  first  lime  the  President  came 
there  we  put  it  in;  t'.iat  was  in  iSii.j. 

Q.  And  you  do  not  know  of  its  being  there  before  for 
two  years?    A.  No  sir. 

Q.  "Were  ybu  in  the  box  that  day?  A.  No  sir;  I  have 
not  been  in  thatl):)x  since  1S63. 

Cross-examined  by  Mr.  Ewin:;.— Q.  What  has  been 
your  Ijusiness  at  Ford's' Theatre?    A.  Property  man. 

Q.  Did  your  business  require  j'ou  10  be  on  thestasre 
■While  the  per  ormances  weregoing  on?  A.  Yes,  when 
there  was  anything  to  do. 

Q.  Wlialisyonr  position  on  the  sta^e?  A.  It  is  to 
see  that  Ihe  properties  are))Ut  on  right,  and  to  give  to 
the  actors  the  property  required  to  be  used  in  the  play. 

Q.  What  1  art  of  the  stage  did  you  occupy?  A.  My 
room  is  on  Ihest.ige,  and  I  lave  no  special  |)osition. 

Q.  Do  you  know  the  passage-way  by  which  Booth 
escaped?  A.  I  was  shown  the  passage-way;  I  did  not 
see  him  escape. 

Q.  State  wliether  it  is  customary,  during  the  perform- 
ance, to  have  that  passaje-way  clear  or  ohstructed. 
A.  It  is  generally  clear;  I  have  never  seen  it  blocked; 
when  we  are  playing  a  lieavy  piece  we  generally  have 
to  run  Hats  in  there  pretty  well,  but  it  is  generally 
clear. 

Q.  Is  the  Amrriran  Covsin  a  heavy  piece?    A.  No  sir. 

Q.  During  the  play  of  tiie  American  Ctusin  wou'd  the 
passage  through  wiiicli  Booth  made  his  exit  properly 
be  clear?    A.  Yes;  it  would  properly  be  clear. 

Q.  Where  was  the  priionerSpangler's  position?  A. 
On  tlie  leli-hand  side  of  the  stage;  the  side  of  the  Pre- 
Bidenf.s  box;  he  always  has  been  on  that  side  since  I 
have  been  in  the  tlieatre. 

Q   Did  you  seahspan  rler  that  night?    A.  Yes  sir. 

Q.  State  at  what  time  vou  saw  liim  during  f  lie  ner- 
formance.  A.  I  saw  him  pretty  nearly  every  scene;  if 
he  liad  not  been  there  I  should  certanly  liave  missed 
him:  I  do  not  recollect  seeing  him  away  from  his  posi 
tlon  at  all;  lie  may  have  been  away,  but  iilie  had  been 
when  a  scene  changed  some  otlier  person  would  liave 
had  to  run  his  flat:  every  person  would  have  been  in- 
quiring where  ho  was. 

Q.  If  ho  had  l)eeii  away  for  what  length  of  time?  A. 
If  he  liad  missed  one  scene  they  would  liave  all  known 
it;  on  '  scene  sometimes  lasts  two  minutes. 

Q.  Intl.clhird  a'tin  the  Anieriron  roH.iin  are  not 
the  scenes  shifted  Irequently?  A.  Yes,  there  are  seven 
scenes  in  that  act.  as  Miss  Keene  plays  it. 

Q.  Would  it  have  been  practicable  lor  Spangler  to 
have  been  absent  during  the  peribrmance  oftiiatact 
for  live  minutes  without  his  absence  being  noticed?  A. 
Yes  sir. 

Q.  Would  it  have  been  for  ten  minutes?  A.  Yes,  at 
particu'ar  times  his  absence  ibr  live  minutes  would 
have  been  noiiced;  during  the  second  act  the  scene 
does  not  change  lor  about  half  an  hour;  at  one  time 
during  the  third  .ict  the  scenes  are  pretty  rat)id. 

Q.  Were  .vou  at  the  front  ot  the  theatre  during  that 
play?    A.  In  the  sec  md  act  I  was  in  the  box  oflice. 

ti.  Were  .vou  on  the  pavement?  A.  I  went  out  tlie 
alley  way,  and  had  to  go  on  to  the  pavement  in  getting 
Into  the  ollice. 

Q.  Did  you  see  Spangler  there?    A.  No  sir;  I  did  not 

Q.  Have  you  ever  seen  Sp.angler  wear  a  moustache?. 
A.  No;  notsmCL'I  haveknown  him, audlhave  known 
him  two  years  nextmontli. 

Q.  Where  were  you  at  the  moment  the  President 
was  assa-ssiiiated  ?  A.  At  the  first  entrance  leading  to 
the  left  hand  box. 

Q.  Did  you  see  Spangler  there  shortly  before?  A. 
Yes  sir;  I  think  I  did;  I  saw  him  in  his  proper  position 
BS  I  crossed  the  stage  after  the  second  scene  of  third 
act  was  on. 

Q.  IIow  long  was  that  before  the  President  was  as- 
sassinated ?  A.  I  think  about  three  or  four  minutes;  I 
Will  not  slate  positively;  it  couldnot  have  beeu  long. 


I  Q.  When  you  heard  the  pistol  fired  did  you  see  Booth 
spring  on  to  the  stage?  A.  I  did  not;  I  saw  him  first 
wlien  he  had  nearly  passed  olf  tlie  stage. 

Q.  Did  you  run  alter  him?  A.  Iheaid  them  calling 
for  water,  and  I  went  to  my  room  for  thai. 

Q.  Did  you  see  Spangler  alter  that?  A.  I  did  not 
until  the  next  morning,  as  I  recollect. 

t5.  Did  you  hear  Booth  that  night  when  he  rode  up 
to  the  tlieatre  call  lor  ypangler?    A.  No  sir,   I  did  not. 

By  Judge  Bingham.— Q.  Do  you  know  whether  that 
box  was  kept  locked  except  when  it,  was  occupied  or 
being  decorated?    A.  I  do  not  know. 

U.  Do  you  know  whether  aiiv  of  the  other  boxes 
were  occupied  that  night?  A.  I  do  not  think  any  ot 
them  were. 

U.  Do  you  not  know  that  they  were  not?  A.  I  could 
not  state  {positively  whether  they  were  or  not;  I  did 
not  take  any  notice  except  as  to  the  President's  box. 

By  l\Ir.  Ewing.— Q.  When  did  you  lirst  hear  that  the 
President  was  to  come  to  the  Theatre  that  night?  A. 
About  twelve  o'clock  tluitdav. 

Q.  Who  told  you?    A.  Harry  Ford. 

Q.  Do  you  know  whether  tlie  President  was  invited 
to  be  present  that  night?  A.  I  do  not;  a  young  man 
employed  at  the  President's  lionse  told  me  that  night 
that  lie  had  beeu  down  there  that  morning  to  engage 
the  box. 

Testimony  of  liientenant  R.  Hartley. 

By  Judge  Holt.— Q.  State  whether  you  have  been  in 
the  military  service,  and  it  so  in  what  position.  A.  I 
have  been  in  the  Signal  Corps  of  the  Army  since 
August,  1S6.3. 

U.  .State  whether  you  have  been  a  prisoner  of  war, 
and  if  so  at  what  time.  A.  I  was  a  prisoner  at  Kich- 
mond  during  a  jiortion  of  the  year  )SU4. 

Q.  At  what  prison?  A.  A  part  of  the  time  at  Libby, 
while  I  was  in  Kichmoud,and  in  otherprisonsat  other 
times. 

Q.  State  whether  or  not,  during  that  time,  you 
had  occasion  to  observe  that  tlie  Libby  Prison 
hud  been  mined  by  the  Confederate  Authorities, 
with  a  view  of  expliding  it  if  the  city  was 
captured  by  Federal  troops.  A.  Wlien  we  were 
first  taken  to  Libby  we  were  informed,  when 
taken  into  the  hall,  that  the  place  had  been  mined;  on 
the  iie.xt  morning  weweret  iken  into  a  dungeon  in  the 
cellar  part  01  the  building;  in  going  to  the  dungeon  we 
had  lot-o  round  a  jilaceof  fresh  tlirt  in  the  centre  of 
the  cellar;  the  guards  would  not  allow  any  person  to 
pass  over  or  near  it;  on  inquiry  wliy  we  were  i.ild  there 
was  a  torpedo  buried  there;  that  remained  t'  ere  while 
wo  were  in  the  dungeon,  and  some  time  alter  we  had 
been  taken  up  stairs. 

Q,  Did  you  have  an  opportunity  to  examine  the  tor- 
pedo? A.  No.  it  was  nut  opened  while  we  were  in  the 
dungeon,  we  learnedfrom  othcers  who  had  charge  that 
a  torpedo  was  there. 

Q.  Did  they  speak  of  one  or  more?  A.  One;  it  was 
spoken  of  as  the  torpedo. 

(.i.  From  the  appearance  of  the  ground  and  theplace 
dug  out.  would  you  have  supposed  it  to  be  a  large  or  a 
small  torpedo?  A.  The  excavation  apiiarenlly,  from 
the  fresli  dirt  dug  out  and  put  back  again,  was  perhaps 
si.x  feet  in  di:;meter. 

Ci.  Was  that  directly  under  the  prison?  A,  Yes  sir, 
directly  under  the  centre  ot  the  iirisiin. 

Q.  Did  they  explain  to  you  the  object  for  which  it 
had  been  placed  there?  A.  Yes;  dilferent  persons,  ia 
conversation,  told  us  the  prison  had  been  mined,  on 
account  of  the  raid  near  tlie  city,  under  the  command 
of  D.ihl.;ren;  the.v  said  if  the  raid  succeeded,  and  the 
prisoners  were  in  danger  of  being  liberated,  they 
would  blow  us  up. 

Testimony  of  Colonel  R.  P.  Treat. 

By  Judge  Holt.— Q.  State  your  position  in  the  ser- 
vice. A,  1  am  Chief  Commissary  of  the  Array  ot  the 
Ohio,  on  General  Scholield's  staff. 

Q.  Have  you  been  on  duty  recently  in  North  Caro- 
lina?   A.  I  have. 

Q.  State  whether  or  not  the  army  with  which  you 
were  connected  there  captured  several  boxes  said  to 
contain  the  archives  of  the  so-called  CouleUerate 
Males.  A.  Yes,  they  were  surrendered  by  General 
Joe  Johnston  to  General  Schotield  atCharlotte,  North 
Carolina. 

ij.  state  under  what  circumstances  they  were  de- 
livered to  you  by  General  Johnston.  A.  I  think  a 
letter  was  sent  from  Johnston,  at  Charlotte,  totieneral 
Scholield,  at  Raleigh,  stating  that  he  had  in  his  Jiosses- 
sion.  atCharlotte,  the  archives  of  the  War  Dep.art- 
meiit  of  tlie  Confederate  States  of  America,  and  that 
he  was  ready  to  deliver  them  to  General  Schofield  on 
his  sending  an  officer  to  receive  them;  the  following 
dav  an  ollieer  of  Scholield's  stafi' went  for  them  and 
brouglit  them  to  Ilaleigh  ;  from  that  point  they  were 
sent  to  Wasliington,  and  came  in  my  charge. 

Q.  To  whom  did  you  deliver  them  here?  A.  To 
Major  T.  D.  Eckert,  of  the  War  Department. 

Q.  W(>re  those  boxes  labeled  so  as  to  designate  the 
contents  of  each  ?    A.  Most  of  them  were. 

Testimony  of  Major  T.  D.  EcUert. 

By  Judge  Holt.— Q.  State  whetheror  not  you  received 
and  examined  certain  boxes  purporting  to  contain  the 


84 


TRIAL   or   THE   ASSASSINS  AT  WASHIXGTOX. 


archives  of  the  War  Departmentof  theso-called  Confe- 
derate Slates  of  America.  A.  I  did  receive  tlieai  yes- 
terday morniug,  and  they  have  been  opened  by  my  di- 
rection, and  to  a  certain  extent  bave  undergone  exam- 
ination by  Mr.  F.  U.  Hall. 

Testimony  of  F.  IT.  ITall. 

By  Judge  Holt.— Q.  State  whether  or  not  yon  have 
opened  certain  boxes  delivered  toyouby  Major  Kckert 
as  cont  lining  the  archives  of  the  so-called  Conlederaie 
States  of  America.    A.  I  have. 

Q.  Look  at  that  paper  and  state  whether  it  was 
found  in  one  of  those  boxes.  A.  Yes,  I  recognize  it  as 
one  of  tlio  papers  lound. 

Tlio  paper  loi'erred  to  was  read  to  the  Court  by  Col. 
Burnett,  and  is  as  lollows:  — 

Montgomery,  White  Sulphur  Springs.  Va. 

To  Ilis  Excellency  the  President  ot  the  Coniederate 
States  of  America.— Dear  Sir:— I  have  been  thinking 
for  .some  time  I  would  make  this  communication  to 
yon.  but  have  been  debarred  from  doing  so  on  account 
of  ill  heath.  I  now  ofler  you  my  services,  and  if  you 
■will  favor  me  in  my  designs.  I  will  proceed  as  soon  as 
my  health  will  permit,  to  rid  my  country  of  some  of 
he"r  deadliest  enemies,  by  striking  at  the  very  heart's 
blood  of  those  who  seek  to  enchain  her  in  slavery. 
1  consider  nothing  dishonorable  having  such  a 
tendency.  All  I  want  of  you  is  to  lavor  nie  by 
granting  the  necessary  papers,  etc.,  to  travel 
on  while  within  the  jurisdiction  of  this  Government. 
1  am  perfectly  familiar  with  tlieNorth,  and  leelcond- 
aent  that  I  can  execute  anything  I  undertake.  I  have 
jnst  returned  now  from  within  tlieir  Hues.  lama 
lieutenant  in  General  Duke's  command.  I  was.on  a 
raid  last  June  in  Ke  itucky,  under  General  John  H. 
Horgan.  I  and  all  my  command,  except  two  or  three 
commissioned  officers,  were  taken  prisoners,  but  find- 
ing a  good  opportunity  while  being  taken  to  prison,  I 
made  my  escape  from  them  in  thegarl)of  a  citizen.  I 
attempted  to  pass  out  through  the  mountains,  but  find- 
ing that  impossible,  narrowly  escaping  two  or  three 
times  being  retaken,  I  djrecied  my  course  North,  and 
South  througii  the  Cauadasbythe  assistance  of  Colo- 
nelJ.  P.  Ilolcombe.  I  succeeded  in  makmg  my  way 
round  through  the  blockade;  but  having  taken  tne 
yellow  fever  at  Bermuda,  I  have  been  rendered  unlit 
for  service  since  my  arrival.  I  was  reared  up  in  the 
State  of  Alabama,  and  educated  at  its  University. 
Both  the  Secretary  of  War  and  his  Assistant,  Judge 
Campbell,  are  personally  a'criuainted  wiih  my  lather, 
Wm.  J.  AUston,  of  the  Filth  Congressional  District  of 
Alabama,  having  served  inthe  lime  o(  the  old  Congress 
in  the  years  1841),  IboO  and  1831.  If  I  do  auythinglo'r.vou 
Ishall  expect  your  lull  confidence  in  return.  If  you 
give  this  I  can  render  jou  and  my  country  very  "im- 
porcanl  service.  Let  me  hear  from  you  soon.  I  am 
anxious  to  be  doing  something,  and  having  no  com- 
mand at  present,  all  or  nearly  all  being  in  garrison.  I 
dtslre  that  you  lavor  me  in  this  a  short  time.  1  would 
like  to  have  a  personal  interview  with  you  in  order  to 
perlect  arrangements  before  starting. 

I  am,  very  respectfully,  your  obedientservant. 

Lieutenant  W.  ALLSTON. 

(Address  me  at  these  Springs,  in  hospital.) 

On  the  above  letter  were  the  following  indorse- 
ments.— 

1.  Brief  of  letter  without  signature, 

2.  Kespectfully  relerred  bj'  direction  of  the  President 
to  the  Uonorable  Secretary  oi  War. 

(Signed)         .  BURTOiN'  W.  HARRISON, 

Private  Secretarv, 

Received  Nov.  29th,  1SG4,  Record  Book  A.  O.  O.  Dec. 
8th,  1SG4.  third  A.  G.,  for  attention.  By  order  J.  A. 
Campbell,  A.  S.  W. 

By  Mr.  Aiken.— Q.  From  which  box  did  you  obtain 
that  letter?  A.  From  the  box  marked  "Adjutant 
General'.s  office,  letters  received  from  July  to  Decem- 
ber, 1S64." 

Re-examiiintion    of  William  £.  Cleves. 

Q.  State  to  the  Court  whether  you  have  examined 
the  horse  you  wore  Irom  here  sent  to  see.    A.  Yes  sir. 

Q.  In  what  stable?  A.  At  General  Augur's  head- 
quarters. 

Q.  Is  it  the  same  horse  that  Arnold  bought  from 
Booth?    A.  Yes  sir. 

Q.  You  don't  know  what  payment  was  made  on  the 
horse?    A.  I  do  not  sir. 

Cross  examined  by  Mr.  Ewing.— Q.  How  do  you 
know  Arnold  bought  the  horse  from  Booth?  A.  Only 
as  Booth  told  me;  it  wascrediled  to  him  next  morning. 

By  Mr.  Doster.— Q.  Did  you  ever  see  that  horse  in  the 
possession  of  Atzeroth?    A.  No  sir. 

The  Judge  Advocate-General  stated  that  no  more 
witnosseson  behalf  of  tiiedovtrnment  were  present, 
and  that  unless  ti.e  counsel  lor  the  accused  were  pre- 
pared tocomniencetheir  defense,  he  woula  ask  for  an 
adjournment  ol  the  Court  lor  the  daj'. 

Mr.  Aikeii  remarked  tiuil  the  counsel  for  the  ac- 
cused preferred  that  the  Government  should  close  its 
evidence  beioro  commencing  the  defense. 

After  some  conversation  among  the  members  of  the 
Court,  as  to  the  practicability  of  accomplishing  any 
business  during  tlie  following  two  days,  on  accuuiitof 
the  great  review,  the  Court  adjourned  until  to-morrow 
(Tuesday),  at  ten  o'clock  A.  M. 


Washington,  May  25.— The  Court  met  at  half-past 
ten  o'clock. 

Mr.  Cox  called  attention  to  an  error  in  the  record. 
On  Monday  Marshal  McPhail  presented  the  form  of 
the  oath  of  allegiance,  and  judged  it  bore  the  signa- 
ture of  Mr.  O'Laughlin,  but  the  witness  had  not  suffi- 
cient knowledge  of  the  handwriting  to  swear  to  it  po- 
sitively, therefore  it  was  not  received  as  evidence,  and 
was  ruled  out  by  the  Judge- Advocate.  He  (Mr.  Cox) 
did  not,  as  stated,  ask  ibr  the  reading,  but  objected  to 
it.  He  knew  of  no  other  way  to  correct  the  testimony 
than  to  ask  that  it  be  excluded  from  the  evidence. 

The  Judge  Advocate-General  said  that  that  was 
right,  and  so  the  request  of  Mr.  Cox  was  compUed 
with. 

Testimony  of  "Voltaire  Randall. 

Knew  the  prisoner  Arnold;  he  examined  the  pri- 
soner's carpet-bag,  and  found  in  it  some  papers,  letters, 
clothing,  a  revolver  and  cartridjies. 

By  Judge  Advocate  Holt.— Q.  Will  j-ou  look  at  this 
revolver?  (The  revolver  was  handed  to  the  witness.) 
A.  Tm.s  is  the  same  revolver;  I  made  a  minute  ex- 
amination at  the  time;  I  examined  icon  the  morning 
ot  the  17th  of  April,  at  Fortress  Monroe;  the  pistol  was 
loaded,  and  is  loaded  at  tins  time. 

'1  he  Court  ordered  the  pistol  to  be  discharged. 

By  Mr.  Ewiiig.— It  was  at  the  store  of  John  W. 
Wharton,  a  short  distauce  from  the  lort. 

The  witness  stated,  in  rejily  to  Judge  Advocate 
Holt,  that  the  number  of  the  pistol  is  1G4..>>7. 

General  Howe  remarked  that  the  pistol  was  a  Colt's 
navy  revolver. 

Testimony  of  Major  Marsh. 

Served  in  the  military  service  as  an  officer  in  one  of 
the  Maryland  regiments  from  18(jl  until  theolst.  of  Au- 
gust, 1.sij4;  he  occupied  the  position  of  Lieutenant-Colo- 
nel; when  he  left  the  service  he  was  a  prisoner  of  war, 
and  conUned  in  the  Libby  Prison  from  the  15th  of  June 
until  the  21st  of  March,  1SG4. 

By  Judge  Advocate  Holt— Q.  State  under  what  cir- 
cumstances you  were  confined,  tlie  number  of  prison- 
ers, and  the  treatment  j'ou  received  from  the  Rebel 
Government.  A.  I  was  captured  three  and  a  half  miles 
from  Winchpiter.  on  the  Marl insburg  road:  I  was  in 
General  Milro.v's  command,  and  Was  captured  by  Cene- 
ral  l.wells  corps,  and  taken  to  Winchester,  where  I 
was  detained  for  two  weeks  on  account  of  ill  health;  I 
was  somewhat  sick,  on  account  of  e.xcess  of  duty  and 
exposure;  at  the  expiration  of  two  weeks,  my  liealth 
having  improved,  I  was  compelled  to  march  to  Staun- 
ton; I  was  treated  kindly  on  the  road  by  the  offi- 
cers of  the  escort;  when  I  arrivtd  at  Libby  Prison 
the  rations  were  small  but  tolerably  fair  at  first;  a 
half  a  loaf  of  bread  was  given  to  each  man,  with 
four  ounces  of  meat,  and  several  spoonslul  of  rice; 
after  we  had  been  there  four  mouths  the  meat,  as  a  re- 
gular thing,  was  stopped, and  we  received  it  only  occa- 
sionally; the  prison  authoritii'S  then  deprived  us  of 
wheat  bread,  and  gave  ns  what  theycalied  corn  bread; 
it  was  ol  a  coarse  character;  I  have  known  the  prison- 
ers to  be  without  meat  turee  or  four  weeks  at  a  tiriie; 
in  addition  lo  the  miseraole  corn  bread,  a  lew  poia'oes 
were  occasionally  distributed,  ot  the  very  worst  char- 
acter: this  continued  for  some  time,  when  the  officers 
held  a  meeting  wiih  regard  to  tl;e  bad  treatment  which 
they  had  received;  aletier  wassent  to  Colonel  Ouldby 
General  Slreight,  who  was  chairman  of  the  meeting, 
complaining  of  the  bad  treatment,  and  asking  lor  im- 
provement; to  this  Colonel  Ould  replied, '"a  he  treat- 
ment was  good  enough,  and  better  than  the  Rebel  i)ri- 
souers  received  at  Fort  Delaware  and  other  places." 
Ould  was  the  Rebel  Commissioner  of  lixchanee. 

The  witness  continued:— "Alter  I  had  been  in  Libby 
Prison  five  monllis  I  was  taken  sick  with  dropsy,  lor 
want  of  projier  nourishment,  and  sent  to  the  hospital; 
while  there  I  saw  men  brought  in  Ironi  Belle  Isle; 
their  condition  was  horrib.e  in  tlie  e.\treme:  I  was 
satisfied  that  they  were  in  ustarviiig  comliiion;  out  of 
folly  at  least  eight  or  twelve  deed  the  first  night:  I 
asked  the  surgeon  in  charge  of  the  hospital,  who  was 
very  kind  to  us  at  first,  what  was  the  matter  with 
these  men?  he  rejilied  their  condition  was  owing  lo 
want  of  proper  treatment  and  uourisliment  and  ne- 
glect; I  had  been  there  about  iwo  weeks  when  two  of 
ourollicers  made  their  escape:  JMajurTurner,  in  charge 
of  the  prisoners,  was  pa.'-sionate  and  insulting  when- 
ever he  chose  to  speak;  he  took  it  into  his  head  to  re- 
move us  back  from  the  liospital  lo  Libby  Prison;  the 
room  to  which  we  were  removed  was  wet  with  the 
wa.sliing  ol  it  out:  some  of  the  sick  were  in  a  dying 
condition,  and  were  compelled  to  remain  there  twcuty- 
iour  hours  without  cols  or  a  morsel  to  eat,  as  a  punish- 
ment l)ecause  the  two  officers  escaped:  the  treatment, 
I  rc|)eat,  was  very  liarsh;  Colonel  Fowler  spoke  to 
Major  Turner  with  regard  to  the  bad  treatment,  when 
thi'  latter  replied.  "It  is  too goodioryou  Yankees." 

The  opportunity  I  had  for  seeing  the  bad  treatment 
was  when  men  were  brought  to  the  hospital:  they 
were  emaciated  for  want  of  food;   when  ibod  was 


TRIAL   OF   THE   ASSASSINS  AT   WASUIXGTOX. 


BLAaEHB9Un& 


MARLSCRO 
<9 


BOWLING  GREEN       Garret's  Farm  where  BOOTH  waa 
'  0  shot  and  liAKOLD  captured. 


DEATH  SCEKE  OP  THE  ASSASSIN. 
Map  showing  where  Booth  was  killed  and  Harold  captured. 


(6) 


TRIAL   OF  THE    ASSASSINS   AT  WASHINGTON. 


85 


brought  within  their  rea'-h  they  were  eager  to  get  it, 
and  they  would  gr;  sji  at  it. 

U.  \\;;s  there  any  pretense  that  this  treatment  wss 
the  result  ot  necessity,  or  that  tlicy  had  nut  lood 
enoush?  A.  Ail  tlio  rejjiy  I  coiiid  get  was  ihat  it  was  a 
matter  of  retaliation,  and  that  their  prisoners  were 
treated  worse  than  ours. 

Q.  What  proportion  did  the  food  bear  to  a  ration,  or 
lor  thecomiortablostipport  e,f  li.e?  was  it  one-half  or 
one  quarter?  A.  A  man  c  uld  poss.biy  live  oji  what 
was  (lis:  Kiven.  al  hough  not  a  full  ration:  a  man  could 
Dot  possibly  liveon  it  all  the  time:  what  was  calied 
com  bread  appeared  to  be  meal  iind  bran  mi.xed,  and 
briiced  ill  a  tough  condition;  lor  days  we  lived  on  that 
and  water  alone. 

Examination  of  <.'a2>tnin  Emory. 

Was   in  the   mlitary  service,  and   was  captured  at 

Winehesier  on  the  l.jthcl  .lune.  isiio,  and  exchaui:ed 
on  the  4th  of  Way.  ISiJt.  He  stated  substantially  the 
same  as  the  preceding  witne  sin  respect  to  theiood 
ard  bad  tvoainu'nt  receivtd  Uy  the  Vnion  prisoners. 
The  monf  y  belonging  to  the  pr.soners  was  taiien  awaj' 
from  thrm,  ar.d,  tliereiore.  tney  could  not  buy  loodl 
The  heari'jgotll.e  Rebel  keeperolthe  prison  was  very 
rude.  He  always  abused  tl.e  prisoners.  When  the 
lat:er  were  bre.ught  to  the  Lospiial  their  condi- 
tion was  awful,  from  the  result,  as  it  was 
generally  understood,  of  starvatiim.  After  the 
battle  of  Chiclcaniauga  fiueen  or  sixteen  ol 
these  sick  prisoners  were  tied  on  a  cart,  to 
keep  them  troni  ial.ing  ciif,  although  tliore  were 
ambulances  near  by  not  in  use;  lliey  «"ere  lied  like 
sacks  ol  grain.  The  witnesssaid  he"had  to  lieon  the 
lloor  lor  a  long  lime,  and  had  not  yet  recoveitdhis 
strength.  Ihe  Cuniniittee  oftlie  Rebel  Senate  knew 
Of  their  hor.iblc  treatment,  hut  did  not  notice  ihem 
on  their  visit.  On  one  occasion  he  told  the  men  lie 
wanted  some  medicine.  Turm-r  said  he  had  none  to 
give  him,  and  added,  "The  treatment  is  gund  enougli 
lor  Yankees."  An  Inspeclor  ol  the  prison,  named 
Turner,  said  the  object  oftlie  treatment  was  to  kill 
the  prisoners,  adding,  "It  is  good  enough  lor  you. 
■^'ou  had  no  business  to  come  here.  Ill  had  com- 
mand 1  Would  hang  all  of  you." 

Testimony  of  BeuJ.  Swearer. 

By  Judge  Advocate  Holt— Q.  State  to  the  Court 
whether  you  have  been  iii  the  mil. lar.y  service  of  tlie 
TJniied  States.  1  have;  I  was  color  &"ergeant  iu  the 
regiment  to  which  I  belong. 

Q.  .state  whether  or  not  you  were  a  prisoner  of  war 
at  any  time.  A.  1  was;  I  was  captured  on  the  ISth  of 
October,  I;^l  3. 

(J.  Slate  how  long  after  your  capture  you  continued 
a  prisoner  of  war,  and  at  wliat  point  ycu  were  con- 
fined. A.  1-  ive  months  and  seven  days;  I  was  confined 
at  Belle  Isle. 

tj.  What  number  of  prisoners  were  confined  with 
you?  A.  When  1  lelt  there  were  about  thirteen  thou- 
B.uid  there. 

Q.  Weie  the.v  kept  in  buildings,  or  simply  on  the 
naked  sand?    A.  (Jii  the  nal-;(d.^aiid  of  the  island. 

U.  Ill  wuat season  of  tlieyear?    A.  In  winter. 

Q.  Were  they  provided  with  anv  shelter?  A.  Some 
were. 

Q.  What  proportion  of  them?  A.  I  judge  about one- 
balf. 

Q.  What  kind  of  treatment  did  you  receive?  A.  We 
had  tibout  halt  enou.^ii  lood  to  live  on. 

ti.  Of  what  did  the  rations  consist?  A.  There  were 
twenty-five  pounds  of  meat  served  up  for  one  hundred- 
men,  and  !i  big  share  ot  that  was  hone;  some  corn 
bread  was  browiif  d  n|i  witii  it. 

O.  What  ojiporiuniiies  had  you  for  cooking  it?  A. 
It  was  cookt  d  tor  us. 

Q.  What  vv.is  the  effect  of  this  system  of  starvation 
upon  the  health  of  the  men?  A.  It  was  very  marked  ; 
tlie  men  had  notlrng  else  to  liveon.  audi  have  seen 
men  (U  tliat  island  starved  to  death;  more  than  that, 
the  bodies  of  tho^e  vviio  ditd  wire  allowed  to  lie  lor 
e;ght  or  nine  da\s  in  the  trenchis  without  being 
buried;  they  would  not  allow  ns  to  bury  tiieni;  they 
laid  there,  to  the  best  of  my  knowledge,  irum  seven  to 
nine  days. 

Q.  Was  that  lie  subject  of  remonstrance  on  your 
pari?  A.  I  judge  it  was;  I  spoke  to  the  lieutenant  in 
chajge  of  the  prisoners  on  the  island,  anil  he  told  me 
he  iiad  nothing  to  do  with  it;  that  he  had  his  orders 
Irom  Miijor  Turner. 

Q  V(ui  say  that  they  positively  refused  you  permis- 
sion to  bury  the  dead?  A.  "\  es  sir;  1  asked  as  a  per- 
sona! favor  to  be  allowed  to  bury  the  dead,  but  was  re- 
fused. 

O.  Did  the  men  die  in  large  numbers?  A.  I  helped 
to  carry  out  from  ten  to  fifteen  and  tvventy  a  day;  more 
than  that,  I  saw  men  shot  down  without  the  slightest 
cause  or  provocation. 

Q  State  whether  the  death  of  these  men  was  caused 
mainly  by  starvation.    A.  It  was. 

Q.  Was  any  proposition  madebv  the  prisoners  to  the 
Bebe!  authorities  tosupportlhemselves,  ifthevshould 
be  allowed  to  secure  provisions?  A.  I  think  there  was; 
I  cannot  say  lor  certain,  but  there  was  a  large  nun. her 
Who  volunteered  to  work  ia  order  to  get  something; 


nnmbers  fif  the  men  volunteered  to  work  at  building  a 

maciilnoshop  there. 

Q.  You  say  that  one-half  of  these  prisoners,  in  the 
dead  of  winter,  laid  out  at  night  on  the  open  sand, 
without  any  shelter  from  tlie  weati.evor  any  fuel  to 
warm  tliem?  A.  Yo:>  sir;  I  laid  there  kir  tlireo  months 
without  any  shellei;  my  ordinary  we  nut  i-i  about  one 
hundred  and  seven!}' pounds,  but  wlieii  I  came  liome 
I  weighetl  only  about  oiit'nundrLdiindlwenty-three;  I 
do  not  think  1  would  have  lived  had  I  sta.d  therea 
month  longer. 

Testimony  of  Wm.  BuSJ. 

By  Judge  Advocate  Holt.— Q.  How  long  have  you 
been  in  tlie  military  service  oi  the  bn.teti  8tates?  A. 
I  enlisted  in  isr.2. 

Q.  When  were  you  captured  by  the  enemy?  A.  On 
the  mil  ot  Way.  1S04. 

Q.  How  ioiig  were  you  a  prisoner?  A.  About  eleven 
months  and  iweiiiy-tu  o  days. 

Q.  Slate  where  you  were  confined.  A.  At  Anderson- 
viiie.  Ga. 

Q.  How  many  prisoners  of  war  weie  there  at  the 
time  of  your  confinement?  A.  I  tiiink  that  altogether 
there  were  in  iheneigl.'oorhoodot  thirty-two  thousand. 

Q.  Slate  what  treatment  they  received  (rem  the 
Rebel  author. ties  whiie  you  were  there.  A.  The  treat- 
ment was  Very  poor  indeed;  they  had  no  sbelier  what- 
ever, but  \\  ere  Compelled  to  live  in  a  swamp;  their 
blankets,  hats,  caps,  their  clothing  in  geueial,  ami 
their  money,  were  taken  iroiii  them. 

Q.  Vou  say  they  were  compelled  to  live  in  aswamp? 
A.  Yes.sii;  the  encampment  was  inaswamp. 

Q.  Had  it  any  si. el. er?    A.  iS'o  shelter  whatever. 

Q.  State  whether  there  was  woodland  in  that  vicinity. 
A.  Yes  sir;  there  was  splendid  pine  wood  around  there, 
any  cjuantity  ot  it. 

(J.  Stale  the  character  of  tlie  rations  servedout.  A. 
Weil,  sir,  every  morning  when  the  wagon  came 
around,  i  here  would  he. served  to  each  man  half  a  piut 
of  CO  111  meal,  two  ounces  ot  bacon,  and  a  haU-spoouful 
of  salt;  this  w;.s  all  the  i  at  ions  (or  twenty-:  our  hours. 

Ci.  What  was  the  character  of  the  bacon?  A.  Well, 
it  was  alive. 

Q.  Was  it  rancid  and  rotten?  A.  Yes  sir;  once  in  a 
while  we  would  get  hold  of  a  good  piece,  but  not  very 
often. 

Q.  What  vias  the  effect  of  this  treatment  on  the  pri- 
soners? A.  It  Was  \ery  hurtful,  and  killed  them  olf: 
the  largest  number  ol  dratlis  in  any  one  day,  so  lar  as 
my  recollection  goes,  was  one  hundred  liud  thirty- 
three. 

Q.  Was  it  not  understood  there  that  most  of  these 
dealhs  were  occasioned  by  starvation?    A.  It  was. 

Q.  Was  any  remonstrance  addressed  to  the  liebel 
authoriiies  in  regard  to  these  things?  A.  I  do  not 
think  there  was. 

Q.  Did  you  hear  any  statement  on  that  subject  Irom 
the  enemy?    A.  Yes  sir. 

U-  \\'liat  did  they  say?  A.  They  said  they  did  not 
care  a whether  the  Yankees  died  or  not. 

Q.  Do  you  remember  whether  a  man  by  the  name 
of  Howell  Cobb,  formerly  .Secretary  of  tl.e  Treasury 
of  theVnited  States,  visited  Audersonville?  A.  I  do; 
he  made  a  speech  there.  I  think,  some  time  in 
February. 

Q.  I  o  you  remember  the  tone  of  that  speech, or  what 
hesa.d  in  reierence  to  the  iirisouers?  A.  He  made 
suoie  very  bitter  remarks;  i  do  not  recollect  the  exact 
terms. 

U.  Were  they  in  support  of  the  policy  which  had 
been  pursued  in  tlie  treatment  of  prisoners,  orother- 
w.se?  A.  He  said  that  was  the  best  they  cjuld  do  lor 
them, meaning  the  prisoners;  that  if  the  authorities 
lo.ked  after  them  a  little  more  no  doubt  the.ywould 
fare  better;  he  only  said  a  lew  words,  and  "did  not 
seem  to  care  much  about  the  prisoners. 

y.  You  say  tl.e  men  died  at  the  rate  of  100  to  150  a 
d.iy?  A  I  think  that  the  day  on  which  the  largest 
number  oi  deaths  occurred  was  the  llth  ot  September, 
when  l.Jli  of  the  iirisouers  died. 

Q.  You  say  they  were  111  me  open  sun;  was  the  heat 
very  great?    A.  it  was  v.  ry  intense  indeed. 

Q.  How  was  the  water?  A.  We  were  obliged  to 
drink  water  which  had  been  made  filthy  In  conse- 
quence of  the  gai  bage  thrown  in  the  creek  above. 

Q.  Did  you  regard  that  as  ticcidental  or  the  work  of 
design?  A.  I  O'o  not  know  positively;  the  Rebels  al- 
ways threw  their  tilth  and  waste  mat"ter  intothecreek 
above,  and  the  men  got  up  a  remonstrance,  the  reply 

to  which  was  that   tiiey  did  not  care  a for  the 

Yankees. 

Q.  How  was  the  treatment  in  th^prison;  were  many 
of  the  men  shot?  A.  Yes  sir;  whenllir.st  went  there 
in  June,  as  man}-  as  six  or  eight  a  day  were  shot  dead. 

Q.  Did  it  appear  to  you  that  they  weie  shot  in 
wantonness?  A.  If  a  man  got  half  a  foot  over  the 
dead  line,  or  near  it,  ho  was  shot;  it  was  said  that  they 
got  a  thiriy  days'  furlough  for  shooting  a  Yankee. 

Q.  Do  you  remember  whether  Howell  Cobb  reterred 
in  his  speech  to  the  Rebel  emissaries  at  thelsorth 
who  were  engaged  in  the  work  of  firing  Northern 
cities?  A.  He  made  some  remark  about  a  plan  to 
burn  and  plunder  the  North;  I  cannot  tell  what  were 
the  words  used. 

Q.  What  was  the  treatment  ot  prisoners  who  were 


86 


TRIAL   OF   THE   ASSASSINS   AT   WASHINGTOX. 


sick  in  tbe  hospitals?  A.  It  was  very  poor  Indeed 
they  got  i)itcli-i>ii]e  pills  lor  the  diarrhroa,  jiitch-pine 
pills  lor  the  scur%-y,  and  i)itch-pine  pills  lor  every- 
thing else:  they  flid  not  get  any  resular  niedicine. 

Q.  Of  wluit  were  Uiese  pilcli-piiie  pills  composed? 
A.  Oi'ii  little  pitch-pine,  llie  stulf  that  runs  out  of  tlie 
trees  there,  and  a  little  vinegar:  once  in  a  while  the 
patients  would  get  a  little  medicine,  or  something, 
like  it.  • 

Q.  Was  any  of  the  monej'  taken  from  the  prisoners 
returned  to  them?    A.  ISDt  a  cent. 

(J.  What  w;isyonr  exierience  in  regard  to  the  taking 
ot  your  clothes  aiiu  money?  A.  Winn  i  was  Hrst  cap- 
tured they  tuolc  my  shoes  ofV,  and  I  walked  bareloot 
to  (iordonsville;  they  then  looic  Irom  me  my  blanket 
and  clothes,  and  lor  nine  months  1  had  nothing  on 
but  a  pair  (jf  drawers  and  a  shin:  I  laid  there  on  the 
Open  ground  lor  nine  months  without  a  bit  of  shelter. 

Q.  Was  that  the  common  experience?  A.  Yes  sir; 
ths  re  were  tliousands  there  in  the  same  fix:  the  corpse 
ot  a  man  who  died  in  the  morning  could  not  be  ap- 
proached by  night  within  twenty  leet,  and  pitch-lorks 
had  to  be  used  to  carry  the  Ijody  oil' to  the  trenches. 

By  the  Court. —Q.  Jjid  you  hear  any  reasons  given 
for  depriving  the  prisoners  of  their  clothing?  A.  It 
was  because  they  needed  it  for  their  own  use:  J  would 
state  here  that  clothing  was  sent  there  by  our  Govern- 
latut,  and  the  Ilebel  Captain  in  charge  over  the 
prisoners  took  it  himselt.  and  this  Captain  was  in 
command  of  the  interior  of  the  prison;  Colonel  Gibbs 
commanded  the  post. 

Q.  Was  the  finality  of  the  provisions  served  out  to 
you  such  tliat  a  man  would  not  eat  unless  he  was  in  a 
starving  condition?  A.  Yes  sir;  I  would  not  think  of 
such  a  th.ng  now,  but  a  man  in  danger  of  starvation 
might  eat  them. 

Q.  Do  you  think  it  possible  to  sustain  life  for  any 
great  lengtli  ot  time  on  such  food?  A.  I  do  not  think 
a  man  could  do  it  a  great  while;  up  to  the  day  I  left, 
which  was  the  2-lih  ol  ^larch.  10,725  men  had  died 
there:  that  was  the  number  taken  from  the  books  bj' 
m.vself. 

By  Judge  Holt.— Q  What  proportion  of  those  deatlis, 
in  your  judgment  and  Ihejudgment  OJother  prisoners, 
occurred  li  om  starvatiuu  ;ind  in  consequence  of  this 
treatment  Of  which  you  speak?  A.  I  have  no  doubt 
over  one-half;  the  food  which  the.v  received  was  the 
cause  of  their  sickness,  and  after  they  got  sick  they 
did  not  receive  any  netter  food. 

By  the  Court.— Q.  Was  there  any  medical  treatment 
given  to  those  suffering  prisoners?  A,  Very  little; 
mdeed  nothing  ot  any  benelit. 

Testimony  of  E.  W.  Ross. 

By  Judge  Advocate  Holt.— Q.  State  whether  ornot 
you  have  been  in  the  service  of  the  Rebel  Govern- 
ment. A.  1  never  was  in  the  army;  I  was  a  clerk  at 
Libby  Prison. 

<j.  Were  you  a  clerk  there  in  the  month  of  March, 
18W?  A.  Yes  sir:  about  that  time  General  Kilpatrick 
was  making  a  r„id  in  the  vicinity  ot  Itichmoiid. 

Q.  State  what  knowledge,  if  any,  you  had  of  Libby 
Prison  having  at  that  time  been  mined  by  the  Confe- 
derate authorities.  A.  I  never  saw  the  powder,  but  I 
saw  the  place  where  I  hey  said  the  powder  was  buried: 
I  was  away  one  night  about  that  time,  and  when  1 
came  back  in  the  morning  one  of  the  colored  men  at 
the  prison  told  me  that  some  powder  had  been  put  into 
the  building:  when  1  went  to  roll  call  cnec'ti-e  olKcers 
asked  me  whether  the  jjowder  was  there,  and  I  told 
him  I  did  not  know  certaiul.v,  I  saw  the  fuse  in  the 
ofiice. 

<j.  Did  you  ever  see  the  place  where  the  powder  wns 
buried?  A.  Y'es  sir,  irequentl.v;  two  sentinels  were 
placed  over  it  to  keep  persons  Irom  approaching  the 
place. 

Q.  W^as  the  fuse  kept  in  the  office?  A.  Yes  sir:  Major 
Turner  iiad  it  in  charge:  it  was  an  eight-second  fuse. 

Q.  iJid  hestate  to  .^  ou  that  the  powder  was  there?  A. 
Yes  Sir,  and  alhOsaid  that  this  fuse  was  to  set  it  olT. 

Q.  In  what  event  was  this  explosion  to  take  place? 
A.  Jn  case  the  raiders  got  into  the  city  they  would  set 
it  olf. 

Q.  And  blow  lip  the  prison  and  the  prisoners?  A. 
That  must  have  been  their  intention. 

U.  Jlow  long  did  that  powder  remain  there?  A.  In 
May  they  look  it  out  secretly. 

Q.  Uo  you  know  whether  the  fact  of  its  removal  was 
kept  a  secret  Irom  the  prisoners  themselves?  A.  1  do 
not. 

By  the  Court.— Q.  Did  you  understand  by  whose  au- 
thorit.v  the  powder  was  jiut  tlnre?  A.  It  was  done 
while  Winder  was  Secretai'.\'  ol  War. 

a.  Slate  whetluT  or  not  Mnjor  Turner,  the  keeper  of 
the  prison,  did  not  seem  to  hi!  acting  under  the  autho- 
rity ot  the  WarDi'partiueut?  A.  lie  never  toldmethat 
he  was  acting  under  any  orders  in  the  matter,  or  even 
that  the  p'lwder  was  there. 

U.  Was  lieuot  asubordinateot  the  War  Department? 
A.  Y'es  sir. 

Testimony  of  Jolin  I..a  Tonclic. 

By  Judge  llolt.—CJ.  .State  whether  or  not  you  have 
been  in  the  service  of  the  Jtebels  ?  A.  Yes  sir;  1  was  in 
the  Confederate  Ktates  Arniv. 

Q.  State  whether  or  not  you  were  on  duty  at  Libby 


I  Prison  in  March,  18G4  ?  A.I  had  been  detJviled  there  and 
was  on  dut.v  at  iliat  place  at  that  time. 

Q.  State  what  knowii  dge  you  liave,  if  any,  concern- 
ing the  mining  of  Libby  Prison  about  that  time  by  llie 
Confederate  authorities?  A.  Major  Turner,  the  keeper 
of  the  prison,  told  me  one  dav  that  he  was  going  to  sre 
General  Winder  about  a  guard:  I  believe  we  had  no  re- 
lief that  day;  when  he  returncJ  he  told  me  that  C;en. 
Winder  himself  had  been  to  see  theSecrelarv  of  War, 
and  that  they  were  going  to  putpowderln  the  build- 
ing: in  the  evening  ot  the  same  day  the  powder  came 
there:  it  was  in  twenty-five  pound  kegs,  which  were 
contained  in  bo.xes.  and  altogether  amounted  to,  J  sup- 
pose, one  hundred  pounds;  a  hole  was  dug  in  the  cen- 
tre of  the  middle  basement,  and  the  powder  was  put 
down  therein:  the  ground  was  then  covered  over  with 
gravel;  I  look  one  of  the  sentries  from  the  outside  of 
the  building  and  placed  him  over  this  powder,  so  that 
no  accident  might  occur:  the  nc.vt  day  Major  Turner 
sliowid  us  tiie  fuse  in  the  oflice;  it  was  a  long  fuse,  and 
was  made  ot  gutta  percha:  the  powder  remained  there 
uniil,  I  think,  some  time  in  May,  when  the  prisoners 
were  all  removed  from  the  prison:  General  Winder 
then  sent  a  note  to  the  oflice,  with  directions  to  take 
up  the  1  owder  as  secretly  as  possible;  I  do  not  remem- 
ber the  exact  word. 

Q.  Stale  whether  you  heard  in  what  event  this  pow- 
der was  to  be  set  otj  ?  A.  I  did  not  hear  at  that  time;  I 
heard  him  say  afterwards  that  in  case  of  the  raiders 
coming  into  llichmo.id  he  would  blow  up  the  place. 

Q.  Meaning  the  prison  building  and  the  prisoners  ia 
it?    A.  I  suppose  so. 

Testimony  of  George  N.  McCee. 

By  Judge  Advocate  Holt  — Q.  State  whether  you 
know  the  prisoner  at  the  bar,  Samuel  Arnold  ?  A.  I 
do. 

Ci.  State  whether  or  not  he  has  been  In  the  military 
service  of  the  Ilebels? 

Mr.  Ewing.— I  object.  The  ground  of  my  objection  i3 
that  Arnold  is  here  on  trial  lor  having  been  engaged 
in  a  conspiracy  to  dc  certain  things,  and  that  it  is  hot 
competent  lor  the  Government  to  show,  il  such  be  the 
lact,  that  belore  he  entered  into  this  conspiracy  he  wa3 
in  the  military  service  of  the  Coniederate  States,  lie 
is  not  on  trial  lor  having  been  in  the  military  service 
of  the  Coniederate  Stales;  he  is  not  on  trial  lor  having 
taken  the  oath  ot  allegiance  and  bro;  eti  it,  lor  they 
may  see  tit  to  follow  tliisupby  asiatenieiit  of  that  kind, 
as  lias  been  done  in  the  case  of  O'Laughlin.  He  is  o:i 
trial  lor  an  oll'ense  deUned  clearly  in  the  charge  and 
specilications,  and  it  is  not  coniiietent,  it  seems  to  me 
Clearly  not  competent,  to  attempt  to  aggravate  the 
otlense  with  whicli  heischarged.andoi  wliichtlie.vseelc 
to  prove  him  guilty,  by  showing  tiiat  he  has  been  un- 
lailhiul  to  the  Go\  einmeiu  in  other  r>'Si<ects  and  at 
other  times,  and  it  is  introduced  and  can  be  introduced 
for  no  oilier  purpose  than  that  of  aggravating 
his  alleged  acts  in  connection  with  the  conspiracy. 
That  course  of  testimony  would  be  ineii'eclal  owing 
the  prosecution  to  iiurodnee  testimony  as  to  the  pre- 
vious cliarac  erof  the  accused,  and  that  is  a  right  that 
is  reservedto  theaccustd  always, and  is  never  allowed 
to  the  prosecution.  More  than  that,  it  would  allow  the 
prosecution  to  do  what  the  accused  is  not  allowed  to  do 
on  his  own  behalt  in  llie  point  of  character,  that  is,  to 
Introduce  specific  acts,  from  which  his  character  may 
be  inferred. 

Judge  Advocate  Ilolt.— I  will  make  only  a  single  re- 
mark. I  think  the  testimony  in  this  case  has  proven 
what  I  believe  to  be  sufficiently  demonstrative,  how 
kindred  to  each  other  are  the  crimes  of  treason  against 
the  nation  and  the  assassination  oi  its  Chiel  Jlagistrate. 
The  one  seems  to  be  a  necessarj'  consequence  of,  as  it 
certainly  is  a  logical  sequence  ironi  the  other.  Tne 
murder  of  the  President  of  the  United  States,  as  alleged 
and  shown,  was,  pre-eminently,  a  iiolitical  assassina- 
tion. Disloyalty  to  the  Government  was  its  sole,  its 
only  inspiration.  When,  therefore,  we  shall  show,  on 
llie  part  of  the  accused,  acts  of  intense  di-loya!ty,  the 
bearing  of  arms  in  the  lield  against  tliat  Government, 
we  show  the  jiresence  of  an  animus  towards  that  Go- 
vernment which  relieves  this  accusation  of  much  if 
not  all  improhabilit.v.  This  course  of  proof  is  con- 
stantly resorted  in  other  Courts.  I  do  not  regard  it  as 
in  the  slightest  degree  a  dejiarture  from  the  usuges  of 
the  profession.  In  the  adniiiilslration  ol  courts  of  jus- 
lice,  thepurjiose  is  to  show  tiiat  the  i)risoner,  in  hia 
mind  and  in  his  course  ol  lile,  was  prepared  lor  the 
commission  of  thisciinie;  tliat  ihe  tendencies  ot  his 
life,  so  evidenced  b.v  oiien  ami  overt  acts,  points  to  this 
crime;  if  not  as  a  natural  cerlainty,  as  a  most  jirobable 
result.  It  is  in  that  view  and  with  that  object  that  the 
testimony  is  oliered. 

Assistant  Judge  Advocate  Bingham  referred  to  Ros- 
coo's  "Criminal  Kvidence."  page  85  or  S7,  as  auihority 
lor  the  rule  of  law  that  when  tne  intent  with  which  an 
act  is  done  is  init.al,  other  acts  oi  the  I'lisoner  not  ini- 
tial, to  inove  the  intent,  may  be  given  in  evidence.  It 
was  alleged  in  the  charge  and  sjucii. cations  that  the 
prisoner  Arnold,  with  others,  engaged  in  a  conspiracy 
to  murder  the  President  ot  the  United  Stales,  and 
others,  with  intent  to  aid  the  llebeJion  against  the 
United  Stales.  The  object  here  now  was  to  tstablish 
that  intent  thus  put  in  issue  hyp  ovingthat  the  pri- 
soner himself  was  jiart  of  the  Rebellion. 

Mr.  Kwlng  said  that  he  would  del'er  speaking  upoa 


i 


TRIAL   OF   THE   ASSASSINS   AT  WASHINGTON. 


87 


the  general  principle  involved,  and  concent  himself 
^^•ith  ;i  relerente  to  authoruips  in  support  of  his  posi- 
tion, lie  accordingly  re;erred  to  several  authorities 
on  the  subject,  Ironi  onl.v  one  of  winch  we  quoteas 
Ibllows:— "i.vidence  will  not  be  admitted  on  the  part 
of  the  prosecution  to  sliow  tlie  had  character  of  the 
accused  unless  he  has  called  witnesse.^  in  support  of 
his  character,  and  even  then  the  prosecutor  cannot 
examine  us  to  particular  acis." 

Tlieoijjection  was  then  overruled,  and  the  following 
answer  to  the  qucsiion  was  given  by  the  witness:— A. 
I  could  not  say  positively. 

Q.  What  knowledge  have  yon  on 'he  subject?  A,  I 
haveseen  the  prisoner  in  the  uniform  of  the  Kebel 
militarv  service. 

Q.  Was  it  the  uniform  of  a  private  soldier  or  of  an 
officer?    A.  A  private  soldier, 

Q.  At  what  time  was  this?  A.  I  cannot  tell;  I  think 
it  was  in  isiii:. 

By  JNir.  liwing.— Q.  At  what  time  did  you  see  the 
prisoner  dressed  in  Kebel  uniform?  A.  I  think  it  was 
in  lt>61;  1  cannot  say  positively. 

TostBinoiiy  of  John  1a.  Caldwell. 

By  Assistant  Judge  Advocate  Euruett.— Q.  Where 
do  J'ou  reside?    A.  At  Georgetown. 

Q.  State  wherevou  were  on  the  uiorningof  the  assas- 
sination ?  A.  At  iiathews&  Company's  grocery  store, 
in  Geori;eto\vn. 

Q.  State  whether  you  saw  at  that  time  any  of  the 
prisoners  at  the  bar,  aud  which  one.  A.  1  saw  that 
one,  Atzerotii,  at  about  8  ociock;  he  came  into  the 
store;  I  asked  liim  hovv  he  was,  and  so  on;  he  told  me 
he  was  going  into  ihecounlry,  and  asked  me  whether  I 
did  not  want  to  buv  hi.s  watch;  I  said  no;  I  liad  no  use 
for  one:  he  then  asked  me  to  lend  liini  ten  dollars;  1 
told  him  1  had  not  the  money  to  spare;  he  then  took 
out  his  revolver,  and  said  lend  me  ten  dollars  and  take 
this  as  security;  I  will  come  back  next  week  and  return 
you  theniuney:  Ithoughttlierevolver  wasgoodeuough 
Becurxv.so  I  loaned  him  the  money. 

A  revolver  was  shown  to  the  witness,  which  ha 
recogni/ed  as  the  one  relerred  to.  It  was  loaded  when 
he  received  it,  but  had  the  appearance  of  having  been 
fired  once. 

Testtiinony  of  Mary  Simnis  (Colore«l.) 

By  Assistant  Judge  Advocate  Bingham.— Q.  State 
whether  you  know  any  of  the  prisoners.  A.  i  know 
that  one,  JJr.  feaniuel  Mudd. 

Q.  State  whether  you  were  his  slave,  and  lived  with 
him.  A.  1  was  his  slave,  and  lived  with  him  lour 
years;  1  lelt  him  about  a  month  before  last  Christmas; 
I  was  iree  then. 

Q.  When  you  lived  with  the  prisoner  did  you  hear 
bim  sa.v  anything  about  President  L,incoln?  A.  I 
heard  liim  say  when  he  (.Pre-ident  Lincoln)  came  in 
here  he  stole  in  in  the  niglit,  dre-'sed  in  women's 
clothes;  that  they  laid  in  wait  lur  him.  and  that  if  they 
had  caught  him  ihey  would  have  kihed  him. 

Q.  Stalewho  visiled  liim.  A.  A  man  by  the  nameof 
Surratt  visilrd  him;  aho.a  man  named  Walker  Bowie. 

Q.  Whocalled  this  man  Surratt?  A.  Br.  Sam.  Mudd 
and  Br.  Sam.  IMudds  wileeailed  liim  Suiratt. 

Q.  Stale  tiie  ap]jearauce  of  trie  man  Surratt.  A.  He 
was  young  looking,  rather  slim,  neither  very  tall  nor 
short;  bis  hair  was  rather  light,  at  least  not  blaclv. 

Q.  State  where  he  slept  wiien  at  Br.  Mudd  s  house. 
A.  All  of  his  men  slept  in  tliewootls. 

Q.  State  how  many  were  with  him  when  they  slept 
In  the  woods.  A.  There  was  Cainaai  White,  from 
Tennessee;  Benjamin  Uwiu,  Andrew  Gwiu  and  George 
Gwin. 

Q.  How  did  they  get  victuals  to  eat  while  they  were 
in  the  woods?  A.  When  Br.  Mudd  went  in  the  house 
with  the  men  to  get  his  meals  he  i  ut  us  out  at  the  door 
to  waicli  if  anybody  came  ah  ng:  then  at  oilier  times 
he  would  send  me  wiih  victuals  down,  and  then  stand 
behind  a  tree  to  watch  when  the  Kebels  would  come 
out  and  get  them. 

Q.  Bidyou  ever  see  Surratt  in  the  house  with  Mudd 
at  any  other  time  than  when  he  was  eating?  A.  Yes 
Sir;  when  they  wanted  to  talk  they  always  went  apart 
bv  themselves. 

Q.  Wiiere  did  they  go  to?  A.  Upstairs  in  a  room. 

Q.  ^tale  lio  w  yon  km  w  that  the  men  whocameiiiere 
were  Bebels.  A.  They  would  Oiten  bring  letters  from 
Virginia. 

Q.  To  whom  did  they  bring  the  letters?  A.  To  Br. 
Bam  JLudd. 

Q.  State  whether  he  would  give  them  letters  to  take 
back.    A.  Ves  sir;  and  ciiitl.es  and  socks. 

Q.  What  sort  ot  clothing  were  these  men  dressed  in  ? 
A.  Some  of  them  whom  tbey  called  ofErers  and  soldiers 
would  have  epaulettes  on  their  shoulders,  and  were 
dressed  iu  grey  coats  and  grey  pants,  trimmed  with 
yellow. 

Q.  Bid  you  hear  Br.  Samuel  Mudd  say  anything 
aboutsendingany  body  to  Kichmond?  A.  Iheardhim 
say  something  about"  sending  my  brother  to  llich- 
moud;  when  he  bought  my  brother  he  said  he  would 
have  something  lor  him  to  do  in  Kichmond. 

Q.  What  did  he  say  he  would  have  for  him  to  do?  A. 
To  build  batteries. 

y.  Was  your  brother  his  slave?    A.  Yes  sir. 

The  crobs-examinatioa  of  this  wituess,  v,  hich  was 


conducted  by  Mr.  Ewing,  did  not  elicit  any  point  ol 
general  interest. 

In  regard  to  the  prisoner,  Mudd's  remark  that  Presi- 
dent Lincoln  wnuld  h.ave  been  killed,  if  caught,  the 
witness  testilied  that  the  remark  was  made  four  years 
ago.  The  man  Walter  Bowie  was  but  only  one  of  the 
visitors  who  slept  in  the  house;  the  others  rejnaining 
in  the  woods.  Surratt  among  them,  on  beds  made  upoa 
bed  clothes  procured  at  Mudd's  house;  Surratt  fre- 
quently took  dinner  at  the  house,  but  was  not  seen  by 
more  than  one  other  servant;  he  commenced  coming 
last  winter. 

Testimony  of  Eleaaeer  Eglin. 

Bv  Judge  Holt.— Q.  Bo  vou  recognize  the  prisoner, 
Br.  Samuel  A.  Mudd?    A.  I  do. 

Q.  Were  you  his  slave?  A.  Yes  sir;  I  left  him  in 
August.  isR:!. 

ti.  State  whether  he  said  anything  to  you  about  send- 
ing you  to  Kichmond. 

Mr.  Ewing  objected  to  the  question  on  the  ground 
that  it  was  iiTelevant. 

Judge  Advocate  Holt  said  the  object  of  the  question 
was  to  show  dislo.valty  on  the  part  ot  the  accused. 

The  objection  was  overruled  and  the  question  re- 
peated. 

A.  He  told  me  that  when  I  got  so  that  I  could  travel 
he  would  have  a  place  lor  me  in  Richmond. 

Q.  When  was  that?    A.  In  June,  l8fi:j. 

U.  State  if  you  saw  any  men  about  Br.  Mudd's 
house  when  you  were  there,  if  so,  where  they  staid? 
A.  I  saw  some  men  there,  and  some  of  them  staid  in 
the  woods  in  the  daytime. 

Q.  Where  did  they  get  their  victuals?  A.  I  do  not 
know. 

Q.  B:d  you  see  any  victuals  being  taken  to  them?  A. 
I  saw  victuals  going  that  way  olten  enough;  I  saw  my 
sister,  Mar.v  Simms,  taking  them. 

Q.  How  were  these  men  dressed?  A.  Some  iu  grey, 
and  Slime  in  black  clothes. 

Q.  Wlio  was  present  besides  yourself  when  Dr. 
Mudd  said  he  was  going  to  send  you  to  Richmond?  A. 
No  person. 

Testimony  of  Sylvester  i:!s:lln. 

Bv  Judge  Holt.- Q.  Bid  you  live  with  Br.  Samuel  A. 
Mudd?  A.  I  lived  with  his  father,  about  a  quarter  of  a 
mile  off. 

ti.  State  whether  you  heard  him  say  that  he  was  go- 
ing to  send  anybody  to  Kichmond.  A.  I  heaid  him 
sa\' that  he  was  going  to  send  Eleazer,  and  me,  and 
several  others,  to  Richmond. 

U.  To  whom  was  he  talking  at  the  time?  A.  To 
Jerry  Dyer  and  Walter  Bowie. 

Q.  Wiiere  did  the  conversation  take  place?  A.  Down 
by  my  old  master's  gate,  in  the  oats  held,  where  the 
horses  were  kept. 

TestiBnony    ot    Ii.  Washing-ton  (Colored.) 

Bv  Judge  Bingham.— Q.  Bo  you  know  the  i>risoner, 
Br.  Samuel  A.  Mudd?    A.  I  do. 

Q.  Wereyou  his  slave?    A.  Yes. 

Q.  When  did  vou  leave  his  house?  A.  This  October 
coming  two  years. 

Q.  Slate  11  while  you  lived  %vith  Dr.  Mudd,  you 
heard  hirasay  anytliing  about  President  Lincoln.  A.I 
heard  him  say  he  would  not  keep  hisseat  long;  I  heard 
him  say  that  some  time  summer  before  last. 

Q.  Was  anybody  talking  with  him  at  that  time?  A. 
Tiiere  was  a  heap  of  gentlemen  in  the  house;  I  do  not 
know  who  they  were. 

Q.  How  were  the.v  dressed,  and  where  did  they 
sleeji?  A.  .Some  liad  on  grey  clothes,  some  little  short 
jackets,  with  a  i^eak  b"hind;  sometimes  tjey  slept  iu 
the  house,  s  jmetimes  down  iu  the  pines,  not  very  lar 
from  the  spring. 

Q.  State  how  they  got  their  victuals.  A.  Sometimes 
Br.  Mudd  would  carr.v  it:  sometimes  the  girl  <Mary 
Simms);  I  did  not  stay  about  the  house,  but  I  hap- 
pened 10  be  there  one  day  as  they  were  setting  down 
to  dinner;  Dr.  Mudd  set  the  children  to  watch  while 
they  were  at  dinner;  the  children  said  they  were  com- 
ing, and  these  men  jumped  up  from  the  table  and 
ran  out  the  side  door. 

Q.  Bid  you  hear  Br.  Mudd  say  anything  about  send- 
i  ng  any  one  to  Kichmond?  A.  Y(  s:  he  said  tn  one  of 
the  men,  one  day,  that  he  would  send  him  to  Rich- 
mond. 

Cross-examined  by  Mr.  Ewing.— Q.  How  many  times 
did  you  notice  these  men  in  the  woods?  A.  The.v  were 
there  for  a  week  or  more,  and  I  saw  them  seven  or 
eight  times;  they  all  then  went  away  together  in  the 
nieht. 

Q.  Do  you  know  their  names?  A.  I  think  one  was 
Andrew  Gwynne;  I  do  not  know  the  names  of  the 
others. 

Q.  Were  they  ever  there  at  any  other  time  than  that 
week?    1  did  not  see  them  at  any  other  time. 

Q.  What  other  person  saw  them  there?  A.  The  wo- 
man, Mary  Simms.  who  was  on  here  just  now,  saw 
them;  her  and  another  woman  were  in  the  room;  I 
don't  know  an.v  white  person  who  saw  them,  except 
Dr.  Sludd  and  liis  wile.  • 

Q.  Did  Mr.  Best  see  them?    A.  I  do  not  know. 

Q.  Did  any  ol  the  held  hands  or  any  of  the  neighbors 
see  them?    A.  I  do  not  know  of  auy. 


88 


TRIAL   OF   THE   ASSASSINS  AT  WASHINGTOX. 


Q.  Where  were  the  horses  of  these  men  kept?  A. 
They  kopt  the.r  horses  in  the  stable;  sometimes  Milo 
anrl'sonieiimes  Ilonry  Ilam. 

Q.  What  time  ill  the  summer  tvas  it  yon  saw  them 
there?    A.  I  think  it  was  about  August. 

TcstJitBotny  of  ITiiito  SJiJBins  (il'olorocl.) 

Examined  by  Judpce  Bingham.— Q.  State  whether 
you  lived  with  the  prisoner  JJr.  Sumuol  A.  Jludd.  A. 
Yes,  I  was  his  slave;  I  leit  his  huuse  the  Friday  be.ore 
last  Christmas. 

Q.  State  if  at  any  time  while  you  stayed  at  Dr. 
Hudd's  house  yon  saw  any  men  there.  A.  1  saw  two 
or  throi!  there  lastsummer. 

C>  Where di'lt.ve  men  stay?  A.  Sometimes  in  the 
house,  and  then  down  bvtliespringamong  the  bushes; 
they  slept  down  among  t..e  ha^lics. 

(J.  Did  you  see  the  hud  down  there?  A.  Yes:  it  was 
fixed  under  a  pine  tree,  with  a  blanket,  and  rails  at  the 
he;id. 

Q.  Where  did  they  get  their  victuals?  A.  From  Dr. 
!Mudd  s;  scmelimes  my  ^istercarritd  it  to  them;  some- 
times tliey  carried  it  iheir  selves. 

Q.  When  your  sister  carried  it  where  was  it  put?  A. 
Down  by  the  spring, 

Q.  Who  took  it  away?  A.  Sometimes  John  Surratt, 
sometimes  one  oitl?e  otliers. 

(J.  How  did  you  know  John  Surratt?  A.  I  heard 
th(  m  c:ill  him  at  the  house. 

Q.  What  kind  ol  a  looking  man  was  he?  A.  He  had 
ligiit  hair  and  wniskcrs  and  was  a  slim  man. 

Q.  When  there  were  men  in  tlie  house  was  anything 
said  by  Dr.  Blndd  about  vvatt-liing?  A.  He  set  some 
children  to  watch  who  w-.is  coming;  if  any  one  was 
coming  they  were  to  tell  him. 

Q.  Do  you  liiiow  wlietlier  iinything  was  said  about 
nn.v  o:ie"coming  while  these  men  were  in  the  house? 
A.  I  do  not. 

Q.  How  were  they  dressed?  A.  They  had  on  grey 
clothes  with  brass  bnttnns. 

Q.  State  it"  you  heard  any  talk  between  Gen.  Gard- 
ner and  Dr.  Mudd  about  BIr.  Lincoln.  A  Yes;  I  heard 
Wr.  Gardner  say  ■' Lincoln  was  —  —  son  of  a  — ,  and 
ought  to  have  been  kilied  long  ago;"  Dr.  JMudd  said, 
"yes,  that  was  much  after  his  mind;"  that  was  some 
time  last  iall 

Cross-examined  by  Mr.  Stone.— Q.  Did  you  work  in 
thehouseor  in  the  held?  A.  In  the  field,  b\u  some- 
times when  I  was  at  the  house  I  took  the  horses. 

Q.  IIow  old  are  you?  A.  I  reckon  about  fourteen 
year.*. 

Q.  Would  yon  know  John  H.  Surratt  if  yon  were  to 
see  him?    A.  I  don't  know  as  1  wonid  now. 

Q.  Whopointrdhim  out  to  yon?  A.  Dr. Mudd  would 
say,  "talce  Mr.  Surra' t's  horse  and  carry  him  out  to  the 
stable  and  leed  him." 

Q.  How  often  did  you  see  him?  A.  Two  or  three 
times. 

Q.  IIow  many  came  with  him?    A.  Two  or  three. 

Q.  Where  was  it  that  you  heard  this  talk  between 
Mudd  and  Gardner?    A.  AtEeuitown. 

CJ.  How  lar  is  Eeantown  I'roin  your  house?  A.  About 
three  miles;  I  went  up  with  him  alter  some  liquor  last 
summt  r. 

Q.  Was  there  anybody  e'se  there  besides  Mr.  Gard- 
ner and  Dr.  Mudd.'  A.  There  were  some  men  in  there 
but  1  did'nt  know  them. 

Q.  Was  not  Andrew  Gvvynn  there  with  Surratt?  A. 
Kot  :'.s  I  know  of;  1  saw  him  at  Dr.  Mr.dd's  lather's 
house:  I  never  saw  Andrew  Gwynn  at  Dr.  Miidd's 
liouse. 

Q.  Who  was  with  Andrew  Gwynn?    A.  Jenny  Dyer. 

Q.  When  was  the  last  time  yoii  saw  John  Surratt  at 
Dr.  Mudd's?    A.  Last  winter. " 

Q.  l.id  he  stay  aLl  night?  A.  Yes. 

Tt'stisnomy  of  Witi.  95iirsl)iall,  (Colore*!.) 

By  Judge  Eingham.—Q.  State  w'hcthcr  you  were  the 
slave  of  and  lived  with  Dr.  Samuel  A.  Mudd,  A.  I 
married  near  hiin. 

U.  Di)  you  know  Ben.  Gardner,  one  of  his  neighbors? 
A.  Yes,  Ben.  Gardner  was  ni}'  wiie's  nia-ster. 

Q.  Stale  if  you  lieaid  any  convei>aii  n\  between 
Gardner  and  Dr.  Mudd  about  the  battles  on  the  Itai)- 
pahannoc'k.  A.  Yes;  I  lieard  Mr.  Gardner  say  lo  Dr. 
Mudd,  "Sam.,  we  gave  them  —  down  on  tlieltappa- 
hanmck."  '1  he  Doctor  said  '■  Yes  we  did.  "  Gardner 
said  that  "Old  ,stonewall  was  the  be- 1  of  the  Generals:" 
Doctor  said,  "Yes,  he  was  quite  a  smart  man;"  Gard- 
ner said  tl  at  "  Lee  liyd  gone  round  up  into  Maryland; 
that  he  was  gojiig  to  cross  tlie  river  at  tliel'oint  of 
Ilocks.  remember  that,  and  he  would  not  be  surprised 
if  the.v  were  there  now:''  lie  said  tliat  "in  a  short  time 
lie  wi  uld  take  the  Caiiila  ,and  Washington,  and  have 
G;d  l>iiicolii  burned  up  in  tlie  house:"  Dr.  Mudd  said 
"lie  would  not  be  surprised." 

Q.  ^tate  whether  Dr.  Mudd  made  any  objection. 
A.  He  did  not. 

1'estinioiiy  of  RaoSiel  S3>cneer  (Colored). 

I$y  Judge  Bingham.— Q.  state  whether  j-ou  were  a 
oliveof  tlie  irisoner.  Dr.  Mudd.  A.  I  was;  I  leit  him 
ja  January  hist. 

Q.  While  you  were  at  Dr.  JIudd's  house  did  you  see 
tnen  come  there  at  times?  A.  '^'es.  at  the  time  men 
V,  ere  p;issing  through  there  last  summer,  some  live  or 
fjix  came  there. 


Q.  What  sort  of  a  dress  did  they  wear?  A.  A  black 
or  blue:  they  slept  in  the  pines,  about  twenty  yarda 
from  the  house,  near  the  spring. 

U.  Where  did  they  get  their  victuals  while  they 
were  there?  A.  At  the  liouse,  and  sometimes  Dr.  Sam 
took  tl'.e  v.ctuals  to  them. 

Q.  When  they  would  come  into  the  liouse,  did  he  say 
anything  to  any  of  the  servants  or  boys  about  wliat 
th(;y  were  to  do?  A.  I  was  in  the  kitchen;  they  said 
they  had  logo  to  tlie  door  and  watch. 

Q.  1  id  you  lieart.ie  names  of  any  of  the  men  who 
called  at  Dr.  Mudd's  house?  A.  Yes;  Andrew  Gwynn 
and  Walter  Bowie. 

Q.  D.d  you  see  a  young  man  among  those  who 
visit;  d  there?  A.  Yes;  he  slept  in  the  pines,  too.whea 
they  were  tiiere  last  summer. 

Q.  Descr.be  his  a'ipearance.  A.  He  was  not  very 
tall;  he  was  lair  looking  and  slender. 

U-  Do  you  remember  liis  being  there  more  than 
once  last  summer?    A.  I  do  not. 

U.  Do  .von  remember  hearing  Dr.  Mudd  say  any- 
thing about  Richiiiniid?  A.  I  Jieard  him  teilonebf 
hisinen  be  would  send  him  to  Itichmoud. 

Cross  e.\amiiied  by  Mr.  Sioue— Q.  Yiu  say  you  saw 
them  there  in  the  summer;  was  it  the  (irst  of  the 
summer  or  the  last?  A.  I  do  not  ]<now;  it  was  warm 
weather:  they  all  came  together  and  went  logetlier;  I 
believe  they  staid  at  the  Spring  about  a  week. 

Q.  Where  were  their  horses?  A,  in  tl.estable. 

Q.  Was  Mr.  Best  liv.ngtl.e.e  that  year?  A.  Yes;  lo 
the  best  of  ruy  knowledge  he  came  there  the  winter 
before. 

Q.  Do  you  know  whether  Mr.  Albion  Brooke  was 
living  there  at  the  time  these  men  were  there.  A.  Yea 
he  was. 

U.  Did  Mr.  Best  and  Mr.  Brooke  also  see  these  peo- 
ple?   A.  Yes  sir. 

By  Mr.  Bingham.— Q.  Do  you  know  whether  Albion 
Brooke  ever  saw  them  or  not,  or  did  you  merely  sup- 
posel.edid?    A.  Hesawthem. 

Q.  Didhe  tell  you  hesaw  them  or  how  did  you  know 
it?  A.  He  used  to  go  with  them;  they  were  all  to- 
gether. 

Q.  Do  you  know  whether  Mr.  Best  ever  saw  them  or 
not?    A.  I  am  nut  posit  ve  wnether  he  did  or  not. 

The  Judge  Advocate-General  here  stated  tliat,  re- 
serving tlie  rigiit  to  introduce  lurther  testimony  on  the 
general  subject  of  tue  Conspiracy,  the  prosecution 
would  here  close. 

TESiri.^IOXY  FOa  TiaE  BEFE^^SE. 
Mr.  Aiken  stated  that  by  agreement  amongthe  coun- 
sel for  thede  ease  they  would  first  introduce  tcs.imony 
in  behalf  of  Mrs.  Surratt.  They  would  proceed  as  far 
as  practicable  this  afternoon  but  would  not  consider 
the  testimony  closed  in  re.spect  to  any  one  until  all  the 
testimony  for  the  defense  was  in. 

Testimony  of  Father  WJsrg'at. 

By  Mr.  Aiken.— Q.  Stale  your  residen-jc  in  this  city, 
and  your  ocjupaliun.  A.  My  residence  is  Guuzaga 
College,  in  tuis  c.ty,  in  F  street,  between  iN'inth  and 
Teutn;  I  am  a  clergyman. 

Ci.  Are  you  acquainted  with  the  prisoner.  Mary  E. 
Surratt?  A.  I  am  and  have  been  for  ten  or  eleven 
year.i. 

U.  Has  that  acquaintance  been  of  an  intimate  cha- 
racter?   A.  I  knew  lier  very  well. 

Q.  Are^  oil  aciiuainicd  with  her  general  reputation? 
A.  Il.avealways  heard  everyone  speak  very  higuly 
of  her  as  a  lidy  and  a  Christian. 

Q.  In  all  that  acqLiamtance  has  anything  ever  come 
to  your  knowledge  that  wou'd  indicate  an  unchrisiian 
churacter  on  her  part?    A.  No,  never. 

tj.  Aie.vou  acqu  :inied  With  Lewis  J.  Weichman? 
A.  Oniy\ery  sligiitiy;  I  saw  him  a  lew  times;  Iain 
not  wi  il  ac  juainied  with  him. 

Q.  State  wiietner.  from  your  knowledge,  he  has  ever 
been  astudeiit  of  d  vinuy. 

Question  objected  to  by  Air.  Bingham,  on  the  ground 
that  the  purpise  uf  the  qu  slion  was  to  impeach  the 
cluiract°rof  Weic.iman.  Ho  could  not  l)e  contradicted 
in  le^pt  ct  to  entirely  immateri  d  matter. 

Mr  Aiken  rep, led  tiint  tlie  in'eiiiion  was  to  impeach 
Weichman's  testinio;iy  in  tliis  and  many  olner  par- 
ticulars, and  as  the  foundation  liad  been  lad  in  the 
cross  e.xainination  ihequesiiiin  was  a  pio.>eroue. 

The  objection  was  sustained  by  the  Court. 

Q.  Was  there  in  the  dty  pf  Richmond  a  Catholic 
Theological  Institute? 

Question  objecie.l  to  by  Mr.  Bin^jham,  for  the  same 
reason  as  last  question, .and  objectiou  sustained  by  the 
Court. 

ij.  In  your  acquaintance  with  Mrs.  Surratt  have  you 
ever  known  of  a  defective  eyesight  on  her  part?  A. 
No.  not  particularly. 

Cross-examined  by  Judge  Holt— Q.  You  say  you  know 
the  character  of  tno  i  risoutr.  Mrs.  Surratt,  for  Chris- 
tianity is  pood;  h;ive  you  any  personal  knowledge  of 
hercharacter  lor  loyalty?  A.  No;  my  intercourse  with 
her  has  never  ext   luled  to  political  allairs. 

Q.  You  have  liad  iiuercoiirse  with  her  as  her  pastor 
during  the  Ktbellion,  have  you  not?  A.  1  am  not  her 
pastor. 


TRIAL   OF   THE    ASSASSINS   AT  WASHINGTON. 


89 


Q.  IIow  o'ten  have  you  been  in  the  habit  of  seeing: 
her  during  the  Kebellion?  A.  Sometimes  uot  fur  six 
montlis,  sometimes  six  weeks  and  sometimes  as  often 
as  once  a  weelc. 

Q.  Have  you  had  free  conversation  with  her?  A. 
My  conversation  would  only  be  for  a  lew  minutes, 
and  then  ot  a  general  character. 

Q.  llave  you  ever  since  the  Rebellion  heard  her  utter 
one  loyal  senliment?    A.  I  do  not  remember. 

Q.  (.'an  you  state  whether  it  is  nut  notorious  among 
those  who  know  anytliin-;  ol  her,  that  she  is  intensely 
disloval?  A.  1  do  nut  remember  that  this  thin?  was 
everialked  about  at  ail  till  since  this  last  allair  hap- 
pened. 

Testimony  of  Father  Boyle. 

By  Mr.  Aiken.— Q.  State  your  residence  in  this  city 
and  occupation?  A.  My  residence  is  at  St.  Peters 
Church;  1  ain  a  Catholic  prie  -t. 

Q.  Are  you  acquainted  with  the  prisoner,  Mary  E. 
Surratt?  A.  1  have  some  acquaintance  with  licr:  I 
made  her  acquaintance  some  e'ght  or  nine  years  aso; 
I  have  merely  met  her  casually  some  three  or  four 
times  since  tlien. 

U.  Do  you  know  anything  of  her  general  reputation? 
A.  I  have  always  heard  her  spoken  of  as  an  estima- 
ble ladj-;  I  never  heard  a  word  said  to  her  disadvan- 
tage. 

Q.  In  all  your  acquaintance  with  her,  did  you  ever 
hear  her  utter  a  disloyal  sentiment?    A.  I  never  did. 

Cross-examined  by  Judge  lloll.— Q.  Have  you  ever 
heard  her  utter  a  loyal  sentiment?  A.  Iiiever  heard 
much  of  her  sentiments  at  all;  I  saw  her  so  little,  and 
at  such  long  iniervuls,  that  I  could  not  undertake  to 
Bay  what  her  general  character  for  loyalty  is. 

TestBUiony  of  Father  Stoiiestreet. 

By  Mr.  Aiken.— Q.  State  your  residence  and  occupa- 
tion. A.  1  reside  at  present  in  Washington  ;  1  am 
pastor  of  St.  Aluysius  church. 

Q.  Are  you  acquainted  with,  the  prisoner,  Mary  E. 
Surratt?    A.  I  am. 

Q.  IIow  Ion.;  have  you  been  acquainted  with  her? 
A.  I  first  met  her  more  than  twenty  years  ago  in  Akw- 
andria:  alter  that  I  did  not  see  her  for  ten  years,  and 
sineetlieii  only  in  tran  itas  I  wius  passing. 

y.  Have  you  not  within  thepasttwo  years  been  more 
Intimate  with  hei?    A.  I  have  scarcely  seen  her. 

Q.  Do  you  kiiuw  her  general  reputationasa  Christian 
and  a  l.idy?  A.  I  have  always  looked  upon  her  as  a 
proper,  Christian  lady. 

Q.  Have  you  in  all  your  intercourse  with  her  ever 
heard  her  inter  a  disloyal  sentiment?  A.  Never;  but 
there  was  no  question  of  the  kind  at  the  time  I  knew 
her. 

Cross-examined  by  Judge  Holt."-Q.  State  whether 
you  have  probably  seen  lur  since  the  beginnnig  of  the 
Rebellion?  A.  I  do  nut  remember  having  seen  her  at 
all;  I  have  no  knowledge  whatever  other  character 
for  loyalty  exceiJt  what  I  have^seeu  in  the  papers. 

Testimony  of  Mrs.  Eliza  Ilollnban. 

By  Mr.  Aiken.— Q.  Are  you  acquainted  with  the  pri- 
soner, Mrs.  Surra' t?  A.  I  boarded  with  Mrs.  Surratt 
from  tlie'th  of  February  until  the  16th  of  April. 

Q.  ArejdU  acquainted  with  the  prisoner,  Payne?  A. 
I  neversaw  him  as  Payne;  I  saw  the  man  pointed  out 
as  Pavne  at  her  house  twice;  he  called  himself  Wood. 

Q.  When  did  he  lirst  come  to  Mrs.  Surratt's  house? 
A.  I  saw  him  first  there  in  February,  and  the  second 
time  during  the  month  of  ISIarch. 

Q.  State  under  what  circumstances  he  came  to  Mrs. 
Surratt's  hou^e,  and  how  he  introduced  himself.  A. 
Indeed  1  do  nut  know  anything  about  it;  I  went  into 
the  parlor  and  w.is  introduced  to  Jiim  as  fitr.  Wood;  I 
never  changed  awurdwlth  himatall. 

Q.  Did  he  roiiresent  himself  a  Baptist  preacher?  A. 
I  asked  Miss  Ann  Surratt  who  he  was;  she  said  he  was 
alJaiilist  minister;  I  said  I  did  notthink  he  would  con- 
vert manv  s  .uls.    (X^augl.tt'r.) 

Q.  At  that  time,  hjw  lung  did  he  remain  at  Mrs. 
Surratt's  house?  A.  I  neversaw  him  but  one  night. 

Q.  Did  Mr*.  Surratt  keep  a  bnardinghouse?  A.  I  do 
nut  tliinli  she  did;  only  my  family  and  another  young 
lady  buarded  there. 

Q.  Was  she  iiittiehabit  of  givingpeoplerooms  in  her 
hoiFe?  A.  I  do  not  know  anything  about  it;  I  never 
saw  Mrs.  Surratt  until  I  weiit  to  board  with  her;  I 
never  heard  ol  her. 

Q.  How  iong  did  P.ayne  stay  there  when  he  came  in 
Marcli?    A.  I  do  n  t  know;  two  or  threedavs,  I  think. 

Q.  When  was  the  last  t.me  you  saw  him  at  Mrs.  Sur- 
ratt's house?  A.  It  was  some  time  in  March;  I  do  not 
know  the  exact  day;  I  t'loughihe  wasa  friend  of  theirs 
and  never  asiceil  any  questions  about  him;  I  think  it 
was  abuut  the  middle  ot  the  month:  it  was  alter  the 
inauguration  of  tlie  Prrsident  I  know. 

Q.  Have  you  ever  seen  the  prisoner,  Atzeroth,  at 
that  house?  A.  I  have,  though  I  never  heard  his 
name  there. 

Q.  When  was  that?  A.  I  do  not  know;  I  saw  him 
come  in  at  times;  the  ladies  called  him  "Port  Tobacco." 

Q.  Was  any  oiiiection  made  on  the  part  of  anv  of  the 
fami  y  to  his  being  there?  A.  I  heard  Mrs.  Surratt  say 
that  she  objected  to  Atzeroth:  thatshe  would  not  board 
him;  I  heard  her  say  at  ilie  tab^e  that  she  wouldrather 
he  would  uot  come  there  at  all. 


Q.  Have  von  been  intimate  with  Mrs.  Surratt?  A.  i 
cannot  say  that  1  was  intimate;  1  lilced  her  very 
much;  she  was  a  verv  kind  lady  to  board  with. 

U-  1>h1  you  have  frequent  conversations  with  her? 
A.  Not  very. 

Q.  Were  you  acquainted  with  J.  Wilkes  Booth?  A 
I  have  seen  him  at  Mrs.  .Surratt's;  I  met  him  once  in 
the  pi-.rlor. 

ti.  Did  he  come  frequently  to  Mrs.  Surratt's  house? 
A.  I  never  saw  him  there  but  three  or  lour  limes,  and 
never  met  him  but  once. 

Q.  Did  he  spend  most  of  the  time  when  he  came 
therein  company  with  Mrs,  Surratt?  A.  I  think  he 
did;  he  would  ask  (or  John  Surratt.  and  if  he  was  uot 
there  he  would  inquire  for  Mrs.  Surratt. 

U.  Have  you  learned  anything  while  boarding  with 
Mrs.  Surratt  of  her  de.ective  eyesight.  A.  I  never 
saw  her  read  or  sew  a'ter  candle  light. 

Q.  Have  you  been  in  the  habit  of  attending  church 
with  Mrs.  Surratt?  A.  Yes;  during  Lout  we  went  to 
church  verv  often  together. 

U.  Was  she  during  that  time  constant  in  her  reli- 
giousduties?    A.  I  believeso. 

Q.  When  was  the  last  time  you  saw  herson.  John  H. 
Surratt,  at  her  house?    A.  Some  time  in  Ma'-ch. 

Q.  Have  you  seen  him  in  the  city  since  that  time? 
A.  I  have  not. 

Cross-examined  by  Judge  Holt— CJ.  You  sav  you 
neversaw  Mrs.  Surratt  sew  or  read  after  dark:  have 
you  not  often  met  her  in  the  parlor  at  gas-light?  A. 
Yes.  .  . 

tj.  Did  she  ever  have  any  difficulty  In  recognizing 
you  or  anybody  she  was  acquainted  with  in  the  parlor 
by  gaslight?    A.  No  sir. 

Testimony  of  Miss  Slonora  Fitzpatrick. 

By  Mr.  Aiken.— Q.  When  did  you  commence  board- 
ing with  Mrs.  surratt?    A.  The  uih  of  October  last. 

Cj.  Huw  long  did  you  board  there?  A.  Until  the  time 
I  was  arrested,  alter  tiie  assassination. 

Q.  When  did  you  first  meet  at  Mrs.  Surratt's  house 
the  prisoner  Payni?  A.  I  do  not  know  what  month; 
I  met  him  during  the  winter;  I  first  saw  him  at  break- 
last. 

Q.  How  many  times  did  you  meet  him?  A.  I  only 
saw  him  there  twice. 

Q.  When  was  the  last  time?    A.  In  March. 

Q.  How  long  did  he  stay  at  that  time?  A.  I  do  not 
know:  1  started  to  Baltimore  the  next  morniug  alter 
he  came. 

Q.  How  long  did  you  stay  in  Baltimore?  A.  A  week. 

Q.  Was  Pa.vne  gone  wlien  you  returned?    A.  Yes. 

Q.  Do  you  know  the  prisoner,  Atzeroth?    A.  I  do, 

Q.  When  did  he  Hr^tcometo  Mrs.  Surratt's?  A,  I 
do  not  know  the  day  of  the  month. 

Q.  How  long  did  he  stay  there?  A.  Only  a  short 
time. 

C  Can  you  state  under  what  circumstances  he  left? 
A.  I  do  not  know  under  wiiat  circumstances;  1  believe 
Mrs.  Surratt  sent  him  away. 

Q.  Are  you  aware  of  his  getting  drunk  in  the  house 
and  making  disturbance?  A.  I  am  not;  I  heard  he 
had  bottles  up  1  here,  but  I  didn't  know  anything  about 
his  getting  drunk. 

Q.  What  room  did  you  occupy  in  the  house?  A.I 
slept  in  the  same  room  with  Mrs.  Surratt  and  her 
daughter,  Anna. 

Q.  Was  there  a  photograph  of  Booth  in  that  room? 
A.  Yes  sir. 

Q.  W.asit  yours?    A.  No. 

Q.  Have  you  ever  seen  that  picture,  "Night  and 
Morning?"    A.  Yes. 

tj.  Was  that  yours?  A.  No;  that  belonged  to  Mrs. 
Surratt's  daughter. 

CJ.  Do  you  know  anything  about  Booth's  picture 
being  placed  behind  that?    A.  No. 

Q.  Did  you  own  many  ol  the  photographs  in  the 
house?    A.  Not  many;  I  owned  some  In  the  albums. 

O.  Were  there  photographs  of  Union  Generals  in  the 
house?    A.  I  saw  oneoi  McClellan,  I  think. 

U.  Did  vou,  waile  you  were  in  the  house,  know  any- 
thing of  defective  eyesight  on  the  part  of  Mis.  irjurratt? 
A.  I  know  she  c  "ild  riot  read  or  sew  at  uight,  on  ac- 
count of  her  evesight. 

Q.  Are  you  acquainted  with  Louis  J.  Weichmann? 
A.  Yes. 

Q.  Was  he  treated  in  the  house  like  a  friend?  A. 
He  was  treated  more  like  a  son. 

Q.  When  did  you  last  see  Booth  there?  A.  The 
Mondav  before  the  assassination. 

Q.  When  did  you  last  see  John  Surratt?  A.  The 
night  that  he  lelt  the  house,  two  weeks  before  the 
assassination. 

Q.  Did  you  see  him  anywhere  in  the  city  during  those 
two  weeks?    A.  No. 

Q.  Did  you  ever  buy  any  photographs  of  Booth  or 
give  one  to  Miss  Anna  Surratt?  A.  1  bouglit  one,  and 
she  bought  one  herself. 

Q.  Have  you  ever  known  Mrs.  Surratt  to  be  unable 
to  recognize  persons  of  her  acquaintance  in  the  street? 
A.  I  remember  other  passing  Mrs.  Kirby  in  the  street 
once,  without  recognizing  her;  she  did  not  see  her 
at  all. 

Q.  Was  Mrs.  Kirby  on  the  same  side  of  the  street 
with  her?    A.  Yes  sir. 

Cross-examined   by  Judge  Holt.— Q.  Did  you  ever 


90 


TRIAL   OF   THE   ASSASSINS    AT  WASHINGTOK 


know  Mrs  Surratt  to  have  any  difEcuIty  in  recotjniz- 
ing  her  IriPiids  in  Iho  parlor  by  gaslight;  didshe  always 
recognize  you?    A.  She  did. 

Q.  ~You  Bpeak  of  owning  some  of  these  photographs' 
did  you  own  the  pholograplis  of  Stoi)hoiis.  Davis  and 
Beauregard?    A.  JSo  sir,  they  did  not  belong  to  me. 

Testimony  of  Oeorge  II.  Calvert. 

George  II.  Calvert  was  next  called  as  a  witness  for 
the  delense,  and  quesiioned  in  reference  to  a  letter 
written  by  him  to  Mrs.  fciUT-'-att  on  ll)el2tU  of  April  last, 
but  the  letter  itself  not  being  in  court,  his  examina- 
tion was  postponed  until  the  letter  could  be  produced. 

Testimony  of  B.  F.  Crwynn. 

By  Mr.  Aiken.— Q.  Where  do  you  reside?  A.  In 
Prince  Georges  county,  Maryland,  near  Siirrattsville. 

Q.  Are  you  acquainted  with  the  prisoner,  Mrs.  Sur- 
ratt? A,  Yes;  I  have  beeu  acquainted  with  her  seven 
or  eight  years, 

Q.  Were  you  present  at  her  house  in  Surrattsville  in 
April  last?  A.  i  was,  the  day  the  murder  of  the  Presi- 
deut;  I  came  ironi  Marlboro',  and  met  hertliere;  while 
I  was  pa.ssing  in  the  carriage  Mrs.  Surratt  said  she 
wanted  to  see  me,  and  I  stopjied  to  see  her. 

Q.  Have  you  been  in  tliehabitof  transactingbusiness 
for  her?  A,  Yes,  I  have  transacted  some  business  lor 
her;  I  sold  some  land  lor  her. 

Q.  Did  you  transact  any  business  for  her  that  day? 
A.  No;  she  gave  a  letter  to  me  to  give  to  Mr.  Korthe. 

Q.  Were  ycu  present  at  the  house  wheu  Mr.  Floyd 
returned?    A.  Ivo  sir. 

Q.  Are  you  acquainted  with  John  M.  Floyd?  A.  I 
stu. 

Q.  Did  you  meet  him  that  day?  A.  I  did,  at  Marl- 
boro'. 

Q.  What  time  in  the  afternoon  of  the  nth  did  yon 
see  him?  A.  At  about,  lour  or  lour  and  a  hali':  Ijiafled 
with  him  at  the  road;  1  did  not  see  him  aiterwards, 

Q.  What  was  his  eoiidiiion  at  the  time?  A.  He  had 
been  drinking  rigut  smartly. 

Q.  Did  beseem  to  no  considerably  intoxicated?  A.  I 
could  hardly  tell  thai;  he  acted  hke  a  man  who  had 
been  drinking  some. 

Q.  Had  y. ill  a  personal  knowledge  of  Mr.  Northe's 
buying  land  of  Mrs.  Surratt?  A.  i  had  of  his  buying 
land  of  her  l^usband. 

Q.  Did  you  know  personally  that  she  was  there  that 
day  on  tliatbusif^ess?    A.  Koi  except  by  the  letter. 

Q.  Was  Mr.  J'.oyd  present  at  the  time  Mrs.  Surratt 
handed  you  that  letter?    A,  Ko  sir. 

Q.  Did  you  see  him  again  that  afternoon?  A.  I  did 
not. 

Cross-examined  by  Judge  Holt.— Q.  Did  you  have 
afay  conversation  with  Mr.  Floyd  that  afteruonn?  A. 
Yes,  I  think  I  did  see  him  three  or  lour  times  that  day 
at  Marlboro'. 

Q.  I  mean  at  home?  A.  I  did  not  see  him  after  he 
got  home. 

By  the  Court.— (J.  How  far  is  it  where  you  parted 
with  him  on  the  road  to  Surrattsville?  A.  About  live 
miles. 

Mr.  Aiken.— Q.  Y'ou  received  the  letter?  A.  Yes, 
ahd  read  it;  the  direction  on  the  outside  was,  to  read 
it  and  deliver  it  to  Mr.  JNorlhe. 

Testimony  of  Captain  Oeo.  Cotling-ham. 

By  Mr.  Aiken.— Q.  What  is  j'our  business?  A. 
Special  officer  in  Major  O'Beirne's  Board  of  JinroU- 
ment. 

Q.  Were  you  engaged  in  making  any  arrests  of  par- 
ties alter  the  assassination?    A.  I  was. 

Q.  Did  you  arrest  Jolin  M.  I'loyd?  A.  No  Bir;  my 
partner,  who  was  with  me.  arrested  him. 

Q.  Did  yon  see  him  aiter  he  wasarresed?  A.  I  did; 
be  was  put  into  my  care  at  the  Post  Office  at  Surratts- 
ville. 

Q.  What  Information  did  Floyd  give  you  at  that 
time?  A.  He  denieil  knowing  aiiythng  about  it  and 
for  two  days  continued  to  deny  it.  I  linally  told  liim 
that  I  was  satisiied  he  knew  about  it:  tliat  he  had  it 
on  his  mind  and  the  sooner  he  got  rid  of  it  the  better. 
Hesaid,  '•Oh!  my  Uod,  if  1  should  makea  cunfession 
they  would  murder  mo."  Said  I,  'who  would 
murder  you?"  He  said  these  parties  in  the  conspi- 
racy. I  told  him  that  it  he  was  going  to  Iree 
himself  by  K'timg  these  parties  get  out  of  it,  that  was 
his  business,  n(,t  mine:  I  theu  put  him  in  the  guard- 
house; beseemed  to  be  much  excited:  the  Lieulenant 
went  to  Washington  Cor  reinforcements;  Mr.  Flovil 
then  stated  to  me  that  Mrs.  Surratt  had  c(jme  down  "to 
his  place  on  Friday,  between  four  and  live  o'clock;  that 
She  told  him  to  have  the  firearms  r.arlv:  that  two  men 
would  call  fur  them  at  twelve  o'clock;"  that  two  men 
did  call;  that  Harold  dismounted  from  his  horse  and 
went  into  Mrs.  Surl'att's  or  rather  Flovd's  tavern,  and 
eaid  '-I  have  something  to  tell  y<ju;"  that  Harold  tlien 
told  him  to  get  those  hrearms:  that  the  firearms 
were  brought  down  and  Harold  took  one;  that  Booth's 
carbine  was  earned  to  him,  whctiier  bv  Harold  or 
Floyd  I  do  not  remember;  but  that  Booth  said  he  could 
not  carry  a  carbine,  it  was  as  much  as  he  could  do  to 
carry  himself;  that  his  leg  was  broken;  that  Booth 
Bald  "We  have  murdered  the  President,"  and  that 
Harold  said  "We  have  i^icked  off  Seward;"  I  asked 
FiOyd   why  he  did  not  state  these  lacis  in  the  first 


place  and  not  allow  these  parties  to  escape:  that  he 
at  least  could  have  spoken  about  the  firearms  being 
In  the  house. 

Q.  What  Information  did  he  give  you  about  firearms 
A.  I  was  in  the  house  when  he  came  in  from  Bryan- 
town  and  commenced  crying  out  and  l.ummering, 
"Oh,  Mrs.  .Surratt,  that  vile  woman,  she  lias  ruined 
me;"  I  said  to  him,  "You  stated  there  were  two  car- 
bines, and  that  Booth  could  not  carry  his:  where  is 
that  carbine?"  he  told  me  It  was  up  stairs,  that  Mrs. 
Surra;t  had  some  bags  over  it;  I  went  up,  but  could  not 
find  it;  I  told  them  I  would  cut  up  the  honse  before  ? 
wonid  go  away  without  it;  with  that  he  told  the  hired 
man  to  get  an  axe;  I  did  notgointo  theroom  where  ho 
wentuntill  heaid  three  knocks  on  the  wall,  and  I 
then  went  in,  and  after  about  the  seventh  blow  I  saw 
the  carbine:  it  bad  been  susiiended  by  a  string  above 
thep!a>itenng;  the  string  seemed  to  have  broken  and 
it  had  fallen  down. 

Q.  Y'oudd  not  find  the  carbine  where  he  told  you  it 
was?    A.  No;  I  hunted  for  it  but  could  not  find  it. 

Q.  During  these  two  days,  when  Mr.  Floyd  was  de- 
nying all  knowledge  of  these  partie-,did  he  mention 
the  name  o.' Mrs.  Surratt?  A.  Not  while  he  was  de- 
nying it;  after  hecon.essedhe  mentioned  lior  named. 

Q.  \V"ho  was  present  besides  yourself  at  the  lime  Mr. 
Floyd  made  this  statement  to  you?  A.  Nobody  that  I 
know  except  that  Mr.  Jenkins,  a  brother  of  Mrs.  Sur- 
ratt, was  up  in  tlie  mom  when  I  said  I  knew  that  Mr. 
Floyd  wrts guilty  and  that  my  mind  was  made  up;  I 
know  that  lrt>  was  in  the  conspiracy;  there  had  been 
blockade-rnnners  arrested  at  his  liouse:  his  house  was 
a  head-quarters  for  Bebels  and  blockade-runners  dur- 
ing Floyd'soccupation  of  it. 

Q.  Did  he  ever  make  any  further  Statement?  A.  Y''es 
sir. 

Q.  What  was  that  statement? 

Question  objeeti  d  to  by  Mr.  Bingham,  and  objection 
sustained  by  IheCourt. 

Q.  Do  you  recollect  positively  that  Mr.  Lloyd  used 
the  wo  ds  "fire-arms?"    A.  I  do. 

Q.  Did  lie  tell  yon  Mrs.  Surratt  bought  them  there? 
A.  Nii;  I  think  hesaid  Johnny  Surratt  brousht  them 
there. 

Q.  When  did  Mr.  Floyd  state  that  Mrs.  Surratt  made 
that  remark  abouCthe  hre-arms?  A.  It  was  on  Fri- 
day, between  four  and  five  o'clock. 

Q.  Did  he  havetlie  appearance  at  that  time  of  being 
verynuich  frightened?  A.  Oh  iio- he  was  not  afraid; 
everything  hesaid  was  voluntary;  I  advised  him  when 
I  sent  him  down  to  Colonel  Welles  to  make  a  clean 
breast  of  it. 

Q.  What  day  of  the  week  did  he  make  this  confes- 
sion to  you?  A.  I  think  it  was  onTuesday  or  Wednes- 
day; I  will  not  bo  positive;  my  business  was  to  pre- 
pare the  way  (or  other  officers  over  me. 

Q.  I)id  liesay  anytiiingat  that  time  about  Mrs.  Sur- 
ratt getting  him  intodithculty?  A.  Yeshedd;  hecried 
and  threw  his  hands  over  liis  wife's  neck  aim  howled 
for  his  prayer  book;  Mr.  Floyd's  wife  and  Mrs.  OlTut 
were  there  a'ld  heard  all  the  conversation  in  that 
room;  1  told  them  to  trace  up. 

Cross-examined  by  Judge  Holt.— State  whether  at 
tnetime  Sir.  Floyd  mentioned  the  reasons  whyliehad 
concealed  h:s  knowledge  of  this  matter?  A.  "He  said 
he  was  afraid  of  parties  there,  hewasafraid  if  hemade 
this  confession  tliey  would  murder  him. 

Q.  Wlio  did  you  understand  him  to  refer  to?  A.  To 
those  engaged  in  this  conspiracy. 

Q.  What  was  the  precise  language  he  used  in  refer- 
ence to  Mrs.  Surratt?  A.  It  was  "Mrs.  .Surratt,  that 
vile  woman,  she  has  ruined  me:  I  am  tobe  sliot !  I  am 
to  be  shot!''  he  meant  by  tliat,  I  .suppose,  that  his  guilt 
was  so  great  there  was  no  hope  for  him. 

Re-examination  of  R.  J.  I^arly. 

(Former  witness  for  the  prosecution,  but  now  sum- 
moned f^ir  tl.e  defense).- of.  Y'ou  stared  in  your  past 
examination  that  j-ou  came  down  to  Ballimoreon 
Thursday  afternoon  in  company  with  O'Daughlin, 
Captain  Henderson  and  Mr.  Murphy;  will  you  state  in 
what  train  you  came?  A.  On  the  hat'f-past  three  o'clock 
train  I  believe. 

Q.  At  what  time  did  you  re.ach  Washington?  A.  At 
the  usual  time:  1  believe  it  takes  two  liour^? 

(J.  Diit.vou  come  on  the  Accommodation  train?  A. 
I  don't  know  what  train  it  was;  I  think  it  reached  here 
about  hall-past  five  o'clock. 

Q.  Now  I  wish  you  would  state,  sir,  where  you  and 
O'Laughlin  went  to  when  you  lelt  the  cars,  and  every 
place  you  were  present  with  him?  A.  After  leaving 
the  cars  we  made  our  way  to  the  avenue  to  Lichaus  or 
Pullman's  hotel;  I  think  we  went  inside  there  and 
came  out  again;  Henderson  went  'nto  a  barber's 
shop  to  get  shaved;  O'Baughlin  then  asked  me  to  go 
with  him  to  thoNational  Hotel;  when  wo  got  there  he 
went  to  the  dedi,  telling  me  to  wait,  and  he  would  de- 
t.iin  me  only  a  few  minutes;  I  went  as  far  as  the  door; 
he  lelt  me  standing  there,  and  came  back  again  in 
three  to  five  minutes,  and  after  that  we  went  back  to 
Lichaus,  and  thence  up  the  avenue. 

Q.  Did  you  take  any  supper  there?  A.  No  sir;  we 
went  as  far  as  Eleventh  street,  and  turned  back  and 
went  to  Wecker's  dinuersaloon, over  Wall  andSteven- 
son's.  I  think. 

Cj.  D.d  you  take  .supper  there?   A.  Yes  sir. 


TRIAL   OF  THE  ASSASSINS  AT  WASHINGTON. 


91 


Q.  How  long  did  that  last?  A.  I  guess  about  three- 
quarters  of  ati  hoi.r. 

,Q.  What  time  did  you  leave  there?  A.  About  eight 
O'cloclv  or  liall'-past  seven.  I  should  say;  after  coming 
out  of  there  we  returned  to  Kullman's  Hotel, 
and  proceeded  as  far  as  the  corner  of 
Third  street.  where  O'Laughlin  and  Murphy 
he  le!t  me  and  Henderson,  saying  tliey  woreKoin^rtJ 
Bee  Mr.  Iloirnian.  a  siclc  man,  and  would  see  us  on  tlie 
corner  again;  tliey  returned,  accompanied  by  Daniel 
I,oclcran,and  al'ter  thattlie  live  of  us  started  up  tlio 
Avenue  to  .see  the  illumination;  Mr.  Lockran  wanted 
us  to  go  as  far  as  the  Treasury,  as  far  as  tlie  public  re- 
servation, above  Seventh  street,  when  one  complained 
of  sore  feet,  and  would  go  no  further;  we  returnid 
down  the  other  side  of  the  reservation,  when  Jlurphy 
and  Henderson  siiid  they  had  to  leave:  that  was  get- 
ting on  to  nine  o'clock,  and  we  went  into  the  Canier- 
bury  Music  Hall  .iust  as  they  were  finishing  the  first 
piece;  we  remained  tliere  till  about  ten  o'clock,  and 
then  went  to  the  IMe'ropolitan  Hotel,  and  from  there 
■went  to  lluUmans  Hotel;  we  reached  there  about  a 
cuarter  or  lia'  -past  ten  o'clock. 

"q.  Was  O'Laughlin  with  you  all  that  time?    A.  He 
was  sir. 

Q.  How  late  did  you  remain  there?  A.  About  one 
hour  sir. 

Q.  Did  anybody  join  you  there?  A.  Mr.  Gillett  was 
passing  there  wiih  a  lady  at  the  time,  and  e-tupped  and 
SDoketo  O'Langlilin,  I  believe:  we  left  IheieiJien  and 
the  others  ju  ned  us.  and  we  went  down  the  aveiuie  as 
fariis  Second  s'.rcet.  I  believe:  Mr.  O'l.auTblin  was 
acquainud  it  >i  saloon  on  the  corner  ot  K  and  Se- 
cond streets,  where  there  was  a  dance  or  some- 
thing going  on,  and  took  us  over  there;  one  of  the 
party  bo.iglit  tlcke;s.  and  we  went  into  the  ha  1;  we 
stayed  there  about  an  hour,  and  came  out  and  went 
upiheavenue  again,  and  went  into  the  Metropolitan. 
and  remained  there  tilla'terone  o  clock;  we  then  went 
out  fur  live  i-.iinutes.  came  back  and  went  to  bed. 

Q.  Was  O'Laughlin  with  you  all  that  night.  A.  Yes 
Blr. 

Q.  Do  you  know  where  Secretary  Stanton's  house  is? 
A.  iMo  sir. 

Q.  Do  you  know  where  WiUard's  Hotel  is?   A.  Yes 

sir-  A 

Q.  Now   Stanton's   house  is  more  than  six  squ.'ffBs 

north  of  Williird's;  I  will  ask  you  whether  O'Lauu'tilin 

could   have   been   there    between    nine   and   eleven 

O'clock?    A.  No  sir.    ((Jbjected  to). 

Q.  Now  sir,  you  stateil  that  on  Friday  you  woke  him 
atthe  hniel.ahd  that  he  was  with  you  most  of  Friday? 
A.  Yes  sir. 

Q.  Will  you  explain  again  where  he  was  till  bed 
timeoii  Friday  ni'jrht?  A.  I  was  only  with  him  from 
nightf.ill:  hevvas  at  the  hotel  from  supper  till  the  time 
he  went  out  wih  Mr.  Fuller. 

Q.  Wliire  did  you  have  supper?  A.  At  Welker's, 
Blr;  at  thesxnie  place. 

Q.  When  did  you  go  there?    A.  At  about  S  o'clock. 

Q.  How  long  did  you  slay  there?  A.  I  suppose  three 
quarters  ofan  liuur. 

Q.  Yon  said  y  u  was  there  when  the  procession 
passed  of  Navv  Yard  men?    A.  Yes  sir. 

Q.  Where  d.il  you  go  from  there?  A.  We  returned 
to  ll'.illman's. 

Cl.  Huw  longdid  be  stay  there?  A.  I  can't  say  ex- 
actly: I  recoHectdistinctly  his  going  with  FLiller,  but 
Idon't  recoil  >ct  for  ceriain  whether  it  was  before  or 
after  l  he  procession  p.assed.  • 

Q.  Do  von  know  how  he  was  dressed  on  Friday  eve- 
ning? A.  Yes  sir:  he  had  a  coat  similar— it  was  just 
like  a  frock  coit  beliind. 

CJ.  Look  at  I  hat  coat  (pointing  to  the  prisoner);  is 
that  tl.esanic?    A.  Ycssir. 

Q.  Is  tliat  the  same  pants?    A.  Yes  sir. 

Q.  Dd  von  make  ilieni?    A.  Yessir. 

Q.  Wliatsortofa  vest  had  he?  A.  It  was  of  the 
same  matcri  a  as  the  pantaloons. 

Q.  Wiiatco'or?  A.  Well,  asort  of  plaid,  only  It  is 
Stripeil  ui)  aiiddo-^-n,  a  kind  of  purple  and  green. 

Cross-exam  n  aion  by  Jud  ,'eHolt.— Q.  State  whether 
or  not  vou  were  under  the  induence  of  liquor  that 
night.    A.  Well,  ve>,  towards  ten  o'clock. 

Q.  How  o'len  did  yiiu  drink  before  ten  o'clock?  A.I 
could  not  say  In  w  "many  times  I  drank;  we  drank 
prettvconsiderib  e. 

Q.  Eiirbt  times:  ten  times?  A.  I  think  we  might 
have  drank  as  Oiten  as  that,  but  it  was  mostly  ale;  I 
never  Saw  O'Laughlin  drink  any  liquor. 

Q.  You  were  not  separated  from  him  at  all  on  Fri- 
day evening?  A.  Not  till  the  time  he  went  out  of  the 
house. 

Q.  What  time  was  that?  A.  Ten  o'clock,  or  a  little 
after. 

Q.  When  did  you  see  him  again?  A.  On  Saturday 
morning. 

Q.  Where  d'd  he  leave  you?  A.  At  10  o'clock  on 
Friday  night,  at  RuUman's  Hotel. 

Q.  Wliereis  that?  A.  Between  Third  and  Four-and- 
a-half  street,  thosecond  d;  or  from  the  Glolir  office. 

■Q.  Did.he  go  out  then?    A.  Yes  sir;  with  Mr.  Fuller. 

By  the  Court.— Q.  How  longwere  you  at  the  dining 
tabie  on  Tlinrsd;.y?  A.  From  three-quarters  ot  an 
hour  to  an  hour:  we  had  to  stay  there  until  the  dinners 
■were  got  ready  lor  the  lour  of  us. 


Q.  Was  there  considerable  wine  drank  there  that 
afternoon?    A.  No  sir.  we  had  no  wine. 

By  Mr.  Co-x.— Q.  Do  you  recollect  wluat  time  it  was 
when  you  left  the  Canterbury,  on  Thursday  night?  A. 
It  was  alter  the^dance  by  some  young  ladies. 

Q.  Did  I  understand  you  to  say  O'l.ouglilin  never 
drinks  whisky?  A.  I  seldom  if  ever  saw  him  drinli 
any. 

ti.  Did  you  ever  see  him  drink?  A.  Only  twice,  I 
believe. 

Q.  Have  you  known  him  long?  A.  For  the  last  five 
years,  and  for  tiie  last  ten  mouths  more  eH^ccially. 

TosJimony  of  Mr.  HJurpJjy. 

Q.  Where  did  .vou  reside?    A.  In  Baltimore,  sir. 

Q.  Did  you  come  to  Washington  on  Thursday,  April 
13th.    A.  Yessir. 

Q.  In  what  company?  A.  With  O'Laughlin,  Hen- 
derson and  Early. 

Q.  Who  pro|)osed  the  trip?    A.  Henderson. 

Q.  What  time  did  you  get  to  Washington?  A.  About 
five  o'clock, 

Q.  Will  youstateall  that  took  pl.aceall  that  evening? 
A.  Wecarne  from  the  depot  down  to  Tliillmaii's,  and 
there  took  a  driiik.or  two:  we  started  I'rom  there  and 
went  to  the  Metropolitan.  aiAl  went  to  several  places; 
wet  ok  snpperat  Walker's  aijout  eight  o'clock;  it 
might  have  been  about  half-past  seven. 

(i.  How  long  were  you  o:-cnpied  there?  A.  It  might 
have  bpen  a'lout  halt  an  hour. 

Q.  Did  supper  have  to  be  nrepared?    A.  Yes  sir. 

Q..  Alter  vcu  leitthcre  where  did  you  go?  A.  We 
■went  to  Rullman's  again,  and  there  we  met  Dan 
Lockran:  we  then  went  to  see  the  ilnmin.itions,  and 
slopp.'d  on  the  corner  of  Ninth  sire  't  and  the  avenue, 
and  aiterstonping  tlieresome  time  v.-o  starred,  and 
went  to  theCaMterbury, leaving  them  at  ten  o'clock  to 
go  to  llnllman's:  it  wasaliout  a  quarter  jiast  ten  when 
we  got  tiiere;  we  tliPii  wont  to  Piatz's,  and  staid  there 
abiiut  an  hour  and  a  half,  and  that  bronglit  us  to  half- 
past  eleven  or  twelve  o'cloelc;  we  1  lien  start etl  fur  Bid- 
dies, on  the  corner  of  Dand  Second  street,  and  staid 
there  till  haU-i)asc  twelve  or  one  o'clock,  and  then 
came  back  to  the  corner  of  Sixth  street  and  the  Ave- 
nue; and  went  from  there  to  tlie  comer  oJ  Tenth  and 
the  Avenue,  where  we  staid  a  while. 

Q.  What  was  going  on  there?  A.  It  was  an  all-night 
house,  and  we  went  in  to  get  some  relreslinients. 

U.  What  time  d.d  youget  hack  to  tlie  Metroiiolitan  ? 
A.  Abixittwoor  hall-pest  two;  we  went  across  the 
way  to  get  a  drink,  and  I  think  thatorought  us  to  half- 
pas't  two  o'clock,  and  then  wo  went  to  bed. 

tj.  Did  I  understand  you  to  say  that  O'  l.aughlin  was 
with  you  ail  that  time?  A.  Yes  sir,  all  that  day;  oh! 
he  went  witli  Early  and  left  us  about  five  minutes  and 
went  to  the  National  Hotel:  that  was  while  Hender- 
son wasgettingshaved;  1  didn't  go  but  waited  until 
they  can. e  beck. 

Q.  Do  you  know  where  Secretary  Stanton's  house  is? 

jA       X*^  f  iQ  c  j  p 

Q  State  whether  O'Laughlin  was  there  that  night. 
A.  No  nearer  than  the  corner  of  Ninth  raid  Pennsyl- 
vania avenue. 

Q.  Did  you  see  him  on  Friday?  A.  I  was  all  day 
Willi  him'nijtoeigbt  o'clock  at  night,  when  the  three 
of  them  left  nie  togo  to  supper. 

Q.  You  did  not  go  to  supper  then?    A.  No  sir. 

Q.  Did  you  see  him  on  Saturday?  A.  Yessir,  I  was 
wiih  him" from  nine  o'clock  uniil  we  went  to  the  de- 
pot, uot  our  tickets. and  went  to  Ballimoro? 

Q.  Were  you  at  llullman's  Hotel  when  the  news  of 
the  President's  assassination  reached  there?  A.  No 
sir. 

Q.  During  this  trip  what  was  his  mann^;-- did  he 
appear  excited?  A.  No  sir;  I  never  saw  him  in  better 
spirits  in  all  mj'  life  than  lie  was  then. 

Ci.  Iwill  ask  you  whether  it  was  the  planofyour 
partv  to  go  back  to  Baltimore  on  Friday  afternoon? 
A.  Yes  sir.  it  was  our  intention  to  go,  but  we  stayed  at 
the  intercession  of  Mr.  Henderson,  who  wanted  to  see 
a  lad  v. 

.S'l  the  whole  party  went  up  on  Saturday?  A.  I  did 
not  go  till  Sunday  morning. 

Testimony  of  Mr.  O.  tookraii. 

Q.  Do  you  reside  in  this  city?    A.  Yessir. 

Q.  Do  yon  know  tlieaeciised?    A.  Yfssir. 

Q.  How  long  have  you  known  him?  A.  About  18  or 
20  months. 

Q.  Did  you  see  him  on  Thursday,  the  13th  of  April? 
A.  Yes^^lr. 

Q.  Atwiiathour?    A.  At  about  a  quarter  after  seven. 

Q.  Where?  A.  On  the  steps  of  Kullman's  Hotel, 
Pennsvl  vania  avenue. 

Q.  Who  was  with  him?  A.  Henderson,  Edward 
Miirnhy,  Barney  Early  and  O'Laughlin  were  the 
whole  iiarty. 

Ci.  Did  you  join  that  party?  A.  No  sir;  I  went  home 
to  supper:  I  joined  them  about  8  o'clock;  O'Laughlin 
and  Murphv  came  to  my  boardi^-liouse  and  we  went 
by  Adams' "Express  ol'tice:  they  had  left  Henderson 
and  Early  on  Pennsylvania  avenue. 

a.  Al'ter  that  where  did  you  go?  A.  To  Kullman's 
Hotel ,  and  from  there  to  corner  Pennsylvania  avenue 
and  Ninth  street;  whea  wo  got  there  1  should  judgo  it; 
was  about  9  o'clock. 


92 


TRIAL   OF   THE   ASSASSINS  AT  WASHIXGTOX. 


Q.  Did  you  look  at  your  watch?  A.  Yes  sir;  some 
onesnid  it  was  too  latf  to  go  to  the  Treasury,  and  I 
looked  at  my  watch  and  lound  it  was  nine  oclock,  and 
went  to  the  corner  of  Seventh  and  Louisiana  avenue, 
and  from  there  to  the  Canterbury. 

Q.  At  what  time  did  you  go  in  there?  A.  At  about 
hali'-past  nine.  I  suppose. 

Q.  Uow  long  did  you  stay?  A.  Till  ten  or  a  quarter 
after. 

Q.  Where  did  you  go  from  there  ?  A.  To  the  Metro- 
politan. 

Q.  And  from  there?    A.  To  Rullman's Hotel. 

Q.  What  time  did  you  reach  there?  A.  Probably  at 
half-past  ten  o'eli  ck. 

CI.  I  will  ask  you  whether  the  accused' was  with  you 
from  the  time  "you  joined  them  till  the  time  you  went 
to  lluUman's  llotcl?    A.  Yes  sir. 

Q,  Do  you  know  where  Secretary  Stanton's  house  is? 
A.  No  sir. 

Q.  Do  you  know  where  Franklin  Square  is?  A.  Yes 
sir. 

Q.  Could  the  accused  have  been  there  during  that 
time?    A.  No  sir. 

Q.  Did  anvbodyjoln  you  at  Rullman's  Hotel?  A. 
Yes  sir;  Mr.  Rolette. 

Q  How  late  were  you  with  them?  A.  Till  after 
twelve  o'clock. 

Q.  Was  O'Laughlin  with  you  all  that  time?  A.  Yes 
sir. 

Q.  Did  you  sleep  in  the  same  house  with  them?  A. 
No  sir. 

Q.  Dd  you  see  them  next  day?    A.  No  sir. 

Q.  Were  you  witii  them  the  ne.-^t  evening?  A.  Yes 
Bir;  belweeti  seven  and  eight  o'clock,  at  the  Metropo- 
litan Hotel. 

Q.  Wert  you  with  them  any  time  during  the  even- 
ing? A.  Yes:  till  half-past  nme  or  a  quarter  past. 

Q,  Didtheygoto  Walker's  when  you  were  there?  A. 
Kot  that  I  am  aware  o. ;  I  heard  them  speak  of  going 
to  supper;  1  don't  know  whether  they  did  or  not. 

Q.  Did  you  see  them  any  more  alter  that?  A.  No  sir; 
not  that  night. 

Q.  Dia  you  notice  the  dress  of  O'Laughlin?  A.  He 
had  (,n  plaid  pants  and  vest  and  a  black  coat. 

Q.  Look  at  the  dre=!s  he  has  now.  A.  That  looks 
like  the  pants,  but  he  had  a  vest  on. 

A.  What  sort  ola  hat  did  he  have?  A.  I  think  he 
bad  a  black  slouched  baton. 

By  the  Court.— Q.  What  part  of  theCanterbury  play- 
house did  you  enter?  A.  We  went  into  tlie  li:ty-ceiit 
place  (irst,  t.ien  Captain  Henderson  went  to  get  bis 
change  corrected  and  t.iey  said  they  would  giveliim 
tickets  for  the  orchestra  chairs,  which  was  seventy-Ove 
cents  apiece:  so  we  moved  from  the  place  where  we 
were  first  and  went  into  the  other  seats  just  behind  the 
orchenra. 

Q.  Dd  you  all  sit  togethei?  A.  Two  of  us  sat  to- 
gether, and  the  rest  right  behind  us. 

Q.  You  saw  the  whole  party  all  the  time  you  were  in 
the  house?    A.  Yes  sir. 

Q.  None  leit  till  all  left?    A.  "We  all  left  together. 

By  Mr.  Cox.-Q.  What  was  O'Laughliu's  manner, 
did  he  seem  e.xcited?  A.  He  appeared  very  lively 
and  made  tiie remark  that  they  had  come  from  Balti- 
more to  see  the  illumination  aiid  have  a  good  time. 

Q.  Wa3  he  into.xicated?  A,  I  don  t  think  he  was;  he 
was  lively  and  merry-like. 

Testimony  of  Mr.  Rolette. 

Q.  What  IS  your  business?  A,  I  am  solicitor  for  a 
New  York  cracKor  bakery. 

Q.  Doyoiknow  tlie  accused?   A.  Yes  sir. 

Xi.  How  long  have  you  known  him?  A.  In  the  neigh- 
borhood of  two  years. 

Q.  Did  you  see  him  on  the  evening  of  the  1.3th  of 
April?  A.  Yes  sir,  between  ton  and  half-past  ten 
o'clock  I  had  been  to  the  Capitol  with  a  lady,  and 
when  I  passed  back  I  saw  him  on  the  steps  of  Rull- 
man's Hotel. 

Q.  h^tate  whether  you  Joined  that  party  afterwards. 
A.  Yes  sir. 

Q.  How  ion?  were  you  with  them  that  evening?  A. 
Till  about  U  oclock. 

Q.  Did  you  see  him  the  next  day?  A.  Yes  sir;  on 
Friday  morning,  and  I  was  with  the  whole  party  on 
Triday  night  until  between  eleven  and  twelve  o'c  ock. 

Q.  Where  were  you  when  you  received  tliPiicwsof 
the  President's  assassination?  A.  At  Rullman's 
Hotel. 

Q   Was  O'Laughlin  there?    A.  Yes  sir. 

Q.  Do  you  know  anything  of  his  going  away  from 
the  hotel  that  night?  A.  He  and  Fuller  went  ouc  some- 
time after  the  news  was  received  ol  the  President  be- 
ing killed. 

Q.  Did  you  notice  his  behavior  when  he  heard  the 
news  of  the  President's  assassination?  A.  1  did  not, 
sir. 

Q.  Do  you  know  how  he  was  dressed?  A.  He  had  on 
a  pair  of  Scotch  plaid  pants  and  vest. 

Testimifhy  of  Mr.  Pnrdy. 

Q.  Do  you  reside  in  the  city?    A.  I  do. 
Q.  What  is  your  business?    j^.  lam  Superintendent 
of  Kullman's  Hotel. 
Q-  Do  you  know  the  accused?    A.  Yes  sir. 
Q.  Did  you  see  him  on  Thursday,  the  13th  of  April? 


A.  I  saw  him  with  Mr.  Rolette,  Mr.  Murphy  and  Mr. 
Early. 

Q.  Where  were  they?    A.  At  my  restaurant. 

Q.  At  what  hour?    A.  About  half-past  ten  o'clock. 

Q.  How  long  did  they  stay?    A.  Till  about  twelve, 

Q.  Were  they  there  all  that  time?  A.  I  don't  know; 
I  was  all  round  in  the  kitchen  and  other  places;  I 
closed  about  twelve  o'clock. 

Q,  Were  they  there  when  you  closed?    A.  Yes  sir. 

Q.  Was  O'Laughlin  with  them?    A.  Yes  sir. 

Q.  You  know  him  well?  A.  I  have  known  him 
about  three  months. 

Q.  Did  you  see  them  on  Friday  nigt?    A.  Yes  sir. 

Q.  At  the  same  place?    A.  Yessir. 

Q.  Were  you  there  when  the  news  of  the  assassina- 
tion reached  you?    A.  Yessir. 

Q.  D.d  you  communicate  it  to  them?  A.  I  told  them 
that  a  Cavalry  Sergeant  told  me  t!;e  President  was 
assassinated,  and  that  Booth  was  the  one  who  did  it[ 
hesei'iiied  surprised,  and  said  he  hud  btcn  in  Booth's 
company,  and  people  might  think  he  had  something 
to  do  with  it. 

Q.  What  time  did  he  leave  there  that  night?  A. 
Near  one  o'clock. 

(J.  Did  the  entire  party  go  then?    A.  Yes  sir. 

By  the  Court.— Q.  You  say  you  have  known  hlra 
about  three  months:  has  he  been  much  about  the  city? 
A.  He  would  be  down  two  or  three  times  a  week; 
sometimes  I  would'nt  see  him  lor  two  orthree  weeks; 

Q.  Diihe  always  stay  at  your  house?    A.  Yessir. 

By  SI "  Cox— Q.  Look  at  his  dress,  and  say  whether 
it  is  Ihes.Tme  he  wore  that  night.  A.  1  think  it  is;  I 
didn't  pay  much  attention  to  his  dress. 

Testimony  of  Mr.  Fnller. 

Q.  Do  you  reside  in  the  city?    A.  Yessir. 

ti.  Do  you  know  the  accused?    A.  Y'es  sir. 

Q.  How  long  have  you  known  him?  A.  Between 
twelve  and  fourteen  years. 

Q.  Did  you  see  him  on  either  Thursday  or  Friday, 
the  13th  and  Hth  of  April?  A.  I  saw  him  on  Friday, 
theHth. 

Q.  Where?    A.  At  Rullman's. 

Q.  What  timeof  day?  A.  Between  seven  and  eight 
o'clock  in  the  evening. 

^  Did  you  see  him  any  later?  A.  Yes  sir;  between 
ten  and  eleven. 

Q.  Huw  near  ten?  A.  I  can't  say  exactly;  it  was  be- 
tween ten  and  eleven. 

Q.  Did  you  receive  the  news  of  the  President's  assas- 
sination that  night?    A.  Yes  sir. 

U.  Do  you  know  where  he  was  between  eight  and 
ten  o'clock?    A.  I  do  not,  sir. 

Q.  What  was  his  conduct  when  he  heard  the  news  of 
the  President's  assassination?    A.  He  looked  sorry. 

Q.  Did  he  show  any  fright?    A.  No  sir. 

Q.  Did  lie  say  anything  about  Booth?    A.  No  sir. 

Cross-examination  by  Judse  Holt.— Q.  D.d  he  go 
home  .with  you?  A.  Yes  sir;  he  used  lo  Oiten  go  home 
with  m*. 

Q.  Did  you  invite  him  to  go  down  with  you?  A.  I  did 
sir. 

By  Mr.  Cox.— Q.  Did  he  ever  reside  in  Washington  ? 
A.  Yessir. 

Q.  Is  his  brother  in  business  here?    A.  Yessir. 

Re-examination  of  Captain  Coldingham. 

Q.  Sta'e  again  the  precise  laneuage  that  Mr.  Floyd 
used  in  his  confession  with  reference  to  Mrs.  Surrait. 

The  quest  ion  was  objected  to  and  withdrawn. 

Q.  I  will  ask  the  witness  if  he  did  not  make  a  diffe- 
rent statement  to  me  with  reference  to  Mr.  Floyd's 
confession? 

This  question  was  also  objected  to,  but  after  some 
discussion  the  objection  was  withdrawn  by  the  Judge- 
Advocate-General,  and  the  wiiuess  answered  as  fol- 
lows:— 

A.  I  should  like  to  relate  the  whole  conversation 
between  JMr.AiUen  at  the  Metropolitan  Hotel:  I  think 
it  was  Sunday  evening;  he  a^ktd  me  to  take  a  drink, 
and  I  took  a  diinkwith  him;  be  said  I  am  going  to 
have  you  as  a  witness  in  this  case:  he  told  me  to  sit  on 
the  sola,  but  I  said  I  would  go  outsidi';  the  first  ques- 
tion he  put  to  me  was  was  I  a  Catholic;  I  told  him  no; 
then  he  said  Mr.  Floyd  had  made  a  confession  to  me 
about  Mrs.  Surratt  and  said,  will  you  state 
10  me  what  that  confession  was;  I  said 
I  decline  that,  but  I  will  answer  anj'  question  you 
put  to  me;  he  wanted  to  pick  it  out  of  me,  and  I 
didn't  think  I  was  bound  to  tell  him. 

Q.  Did  I  ask  you  if  Mr.  Floyd  said  anything  in  refe- 
rence to  firearms?  A.  Y'ou  asked  me  if  Floyd  had 
made  a  contession  to  me,  and  I  said  yes.  and  you  said 
what  w.as  it?  and  I  declined  answi  ring,  but  I  said  I 
would  answer  any  question  you  would  ask. 

U.  What  did  yoii  tell  me  this  aiternoon?  A.  I  told 
you  a  lie:  yon  were  trying  to  pick  outof  me,  and  I  told 
"you  that  you  might  cail  me  into  Court,  and  I  would 
state  what  I  had  told  you,  a  lie,  and  now  state  that  I 
did  do  it. 

Testimony  of  Mr.  Morton. 

Q.  Did  you  see  O'Laughlin  in  Baltimore  on  Sunday 
night?    A.  Yes  sir. 
(J.  Do  you  know  whether  he  had  been  informed  that 


TRIAL  OF   THE   ASSASSINS   AT  WASHINGTON. 


93 


an  officer  had  been  in  search  of  him?    A.  That  is  what 
he  to:d  me. 

Q.  D.dliesayhe  wasKoinsr  to  give  himselCup?  A. 
Yes  sir;  he  said  he  would  ouMonday  moriiiug. 

Testimony  of  iloorgeU.  Woods. 

Q.  Where  do  you  reside?    A.  In  Boslon.  sir. 

Q  Have  yoLi  been  in  the  liah  *  of  seeing  the  photo- 
graphs of  leaders  of  the  Kebellion  e.xposed  for  sale 
there?    A.  Yes  sir. 

Q.  Freeiy  exposed?  A.  Yes  sir;  photographs  of  all 
celebrities. 

Q.  Have  you  seen  them  In  the  possession  of  pereons 
supposed  to  be  loyal?    A.  Yes  si: . 

The  Court  then  adjourned  until  10  o'clock  to-mor- 
row morning. 


Wa.shingtox.  May  26.— The  Court  room  was  to-day 
againcrowded  with  spectalorsofbothsexes. the  largest 
portion  of  them  being  unable  to  find  seats.  The  main 
attraction  is  the  appearance  of  the  prisoners. 

AJ'ter  the  reading  of  the  testimony  taken  yesterday, 
Mr.  Aiken,  the  counsel  (or  Mrs.  Surratt,  made  an  ap- 
plication lor  the  reca'  I  ol'INIr.  Van  Steinalcer  as  a  wit- 
ness tor  cross-examination,  stating  that  since  his  ex- 
amination material  facts  had  come  to  the  knowledge 
of  Mrs.  Surratt,  which  would  enable  the  counsel  to 
contradict  the  witness.  He  did  not  desire  to  call  Stein- 
aker  as  a  witness  for  'he  de'ense. 

Judge  Advccate-General  Holt  said  that  the  witness 
had  been  examined  and  discharged  without  objection 
by  counsel.  If  the  latter  desired  him  lor  the  deJence 
the  Gove:  nment  would  makean  effort  to  find  him,  but 
he  declined  to  recall  him  as  a  witness  for  the  prosecu- 
tion, 

Re>examiiiation  of  U.  F.  Gwynn. 

By  Mr.  Aiken  — Q.  Did  you  carry  a  letter  for  Mrs. 
Surratt  tor  Mr.  Kothey  on  the  14th  of  April  last,  and  if 
Boisthistlie  letter  you  carried?  A.  It  is;  1  read  i he 
letter  at  tlie  tuns,  by  her  direction. 

The  counsel  then  piaced  in  evidence  the  following 
letter-— 

SuRRATTSviLLK,  Md.,  April  14.  1865— Mr.  John 
Kothp.v.— 8ir.— I  have  lliis  day  received  a  ielterfroni 
Mr  Calveit,  iiiiiniating  that  e  tlier  you  or  your  friend 
have  represented  to  liim  that  I  am  not  will  in.:,;  tcv  set  He 
with  yun  !or  the  land.  You  know  that  I  am  reaiiy, 
and  liave  been  waiting  (or  you  lor  the  last  iwo  years. 
and  now,  if  you  do  not  come  within  the  ne.xt  ten  diiys, 
I  wi.l  settle  with  Mr.  Calvert  and  bring  suit  against 
you  immed:ately.  Mr.  Calvert  will  give  you  udced  on 
receiving  payment,  (Signedi  M.  E.  Hiirratt, 
Adnsiiiistratrix  of  J.  M.  iSurratt. 
Testimony  of  Father  I..analian. 

By  Mr.  Aiken  —Q.  State  your  residence  and  occupa- 
tion. A.  My  residence  is  at  Chanes  county,  near 
Beaotown:  1  ama  Catholic  priest. 

Q.  Aieyou  acquainted  with  the  prisoner  Mrs.  Sur- 
ratt? A  lliavebeen  acquainred  with  her  about  thir- 
teen years,  aiidintimateiy  tor  nine  years. 

tl  bo  you  know  her  general  reputation  as  a  (hris- 
tian  woman?  A.  Yes:  she  is,  in  my  estimation,  a  very 
good  Christian  woman. 

Mr.  Bingham— We  do  not  want  your  estimation,  but 
her  general  reputation 

Witness- Her  character  stands  in  the  neighborhood 
where  she  lived  as  a  good  Chii-'tian  woman. 

Q.  Haishe  been  attenf'vetoher  rehfitous  duties?  A. 
I  could  not  ^av  exactly,  because  she  does  not  belong  to 
my  congregaton. 

Q.  Have  you  ever  heard  her  express  any  disloyal 
sentimen  ?    A.  Never. 

Q.  Do  you  kiuivv  personally  anything  as  to  defective 
eyesigliton  her  part?    A.  1  do  not. 

Q.  Has  she  never,  in  your  presence,  been  unable  to 
rerogni;.e  Iriends  ashurt  distance  Irom  her?  A.  I  do 
not  lemember:  1  C()u:d  iiflt  swear  to  that. 

Cross-examined  l)y  Judge  Holt.— Q.  Have  you  had 
conversation  With  her  since  the  Rebellion  in  regard  to 
the  affairs  of  the  country?    A.  I  liave. 

Q.  Have  you  ever  heard  lier  express  a  loyal  senti- 
ment?   A.  1  do  not  remember  that  I  liave. 

Q.  Is  n':t  her  reputation  tliat  of  a  dsloyal  woman? 
A.  I  think  not;  she  never  expressed  that  sentiment  to 
me;  I  may  Imve  heard  her  general  reputation  lir  loy- 
alty or  disloyalty  spoken  ol,  bull  do  not  remember  it. 

Testimony  of   Rev.  Father  Young. 

Q.  State  your  residence  and  occupation.  A.  Resi- 
dence at  Dominicks  Church,  Washington;  1  am  a 
Catholic  priest. 

Q.  Are  you  acquainted  with  the  prisoner,  Mrs.  Sur- 
ratt? A.  I  have  known  her  1  ih  .nk  about  eight  or  ten 
years:  1  cannot  say  that  my  acquaintance  has  been  of 
an  Intimate  character:  I  had  a  congregation  in  the  part 
of  the  country  where  she  lived,  and  in  passing  by  her 
house  about  one  a  month  I  have  occasionally  called 
lor  about  half  au  hour. 


Q.  Are  you  acauainted  with  her  general  renutation 
as  a  Christian  lady?  A.  I  am;  so  far  as  i  have  heard 
it  spoken  ol,  ith:is  been  with  the  g:eaiesc  praise;  I 
never  lieaid  anvthing  whatever  unfavoab'e  to  her 
chaiacier,  but  on  the  contrary  everything  highly  fa- 
vorable. 

Q.  In  all  your  intercourse  with  her  have  you  ever 
heard  her  e.\p:  ess  adisloyal  sentiment?  A.  Idonot 
recollect  of  ever  hearing  her  speak  on  that  question  at 
a!l. 

Q.  Have  you  personal  knowledge  of  any  deiective 
eyesight  on  liir  par?  A.  I  cannot  say  thai  I  have;  I 
never  heard  other  having  weak  eyes. 

Q.  Von  hwe  never  been  present  when  she  was  un 
able  to  recoj;ni:e  her  iriends  at  a  lilt. e  distance?  A. 
Kot  that  1  remember. 

Testimony  of  George  H.  Calvert. 

By  Mr.  Aiken  — Sta  e  whether  on  or  about  t  he  J3th 
ol' April  last,  you  addre.ssed  a  letter  to  Mrs  Surratt, 
and  II  so,  whether  this  is  the  letter?  A.  1  did;  this  is 
the  letter, 

The  counsel  for  the  accused  then  produced  the  fol- 
lowing letter,  wh.ch  was  read. 

••  RiVKHSDALE  Apiil  12,  ]8lia  — Mrs.  M.  E.  Surratt— 
Dear  Madam:— During  n,  late  visit  to  the  lower  poii  OQ 
ofthecounly  1  ascertained  of  the  wiilingne.ss  of  Air. 
Notliey  losettle  with  you,  and  desire  to  call  your  at- 
tention to  tlie  fact  in  urging  the  settlement  of  the 
claim  of  my  late  fathers  estate.  However  unplea- 
sant, I  must  io'iist  upon  closing  up  tli.s  matter,  as  iti 
is  imperative  in  an  early  settlement  of  the  estate, 
which  is  necessary.  You  will,  tlierel'ore,  please  in- 
fo'iii  me,  at  your  earliesfcoiivenience.  as  to  how  and 
wnen  youwiil  beableto  pay  tlie  balance  remaining 
due  on  the  land  jjurchaseci  by  your  late  liusband. 
"Yours,  resi)ect  tillv, 
"(Signed!  GEUUGE  H.  CALVERT,  Jr." 

Q.  Weie  you  at  SurrattsviUe on  the  Hth  of  April? 
A.  I  was  nut. 

Testimony  of  W.  li.  lloylc. 

By  Mr.  Aiken— Q.  Are  yon  acquainted  with  Mrs. 
Smratt.  the  prisoner  at  the  bar?  A.  i  have  a  store  ac- 
quaintance. 

(J.  Are  you  acquainted  with  her  general  character? 
A.  I  know  noth  iig  of  her,  except  asastore  acquaint- 
ance; 1  have  never  conversed  With  her,  except  in  the 
store. 

Q.  Have  j-ou  heard  Mrs.  Surratt  express  any  dis- 
loyal sentiment  m  your  presence.'  A.  1  have  not, 
either  loyal  (  r  disloyal;  I  have  had  no  political  conver- 
sations Witli  her. 

Q.  Areyiiu  acquainted  with  John  H.  Surratt?  A.  I 
knew  him  by  signt. 

Q.  When  did  you  see  him  last  in  this  city?  A.  The 
latter  part  of  February,  or  last  ol  Marcli,  just  j. nor  to 
thedrait. 

U  Describe  his  personal  appearance.  A.  He  is  tall; 
raiherof  light  complexion,  delicate  looking,  and  be- 
tween twenty  and  iweTTty-three  years  of  age;  I  think 
about  si.x  leet  in  height:  I  cannot  saj'  whether  he 
wore  a  goatee  or  moustache;  my  impression  is  he  did 
not 

Cross  examined  by  Judge  Bingham— Q.  Do  you  know 
he  was  over  five  leet  nine  inches  in  height?  A.  Not 
positively. 

Testinjony  of  P.  H.  ManSsby. 

By  Mr.  Cox.— Q.  Stateyourresidenceandoccupation. 
A.  ilesideuce,  Baltimore;  occupation,  clerk  to  Eaton 
Bros.  &  Co. 

Q.  Are  you  related  to  the  accused,  Michael  O'Laugh- 
lin  ?  A.  1  am  his  bro':her-in-Iaw. 

Q.  State  when  Michael  O'Laughlin  came  to  Balti- 
morolrom  iheyouth?  A.  Ithiiik  it  was  in  August  1862. 

Q.  State  what  his  occupation  has  been  from  that  time 
till  the  present  ?  A.  Hecamehomesomewhat  sick  and 
remained  lor  about  a  month:  he  then  went  with  his 
brottier,  Who  was  in  Washington  in  tliejiruduce  and 
leed  business:  he  remained  witli  him  iiiuil  the  tail  of 
18(13,  when  his  brother  removed  from  Washington, 
havingle.t  h  s  house  there  as  a  branch  of  his  Baltimore 
business,  and  Michael  attended  to  his  business  lor  him 
in  Washington  up  to  the  14lh  of  M:ircii  ot  this  year; 
that  is,  there  are  evidences  that  MiChiiel  had  the 
collection  a..d  receiving  of  orde  s  from  customers,  the 
goods  being  supplied  from  Baltimore. 

Q.  D  d  this  arrangement  with  h's  brother  require 
him  to  he  i:i  Washington?  A.  I  could  not  say  posi- 
tively how  frequently  he  was  here.  lie  was  here  olT 
and  on  ibr  the  ijeriort  from  the  time  his  brother  gave 
up  business  here  until  this  last  transaction  on  the  14tll 
lof  April. 

■  Q.  Did  you  know  J.  Wilkes  Booth?  A.  Yes,  inti- 
mately. Mrs.  Booth  owns  tlie  proiiei  ty  right  opposite 
our  house.  Mif'hael  and  William  were  scuoolmates  of 
John  Wilkes  Booth.  They  attended  the  school  of  A. 
M.  Smith,  not  very  far  from  tlie  house. 

Q.  How  long  has  his  intimacy  with  them  continued? 
A.  To  my  positive  knowledge  it  has  been  almost  twelve 
years. 

Q.  Where  was  Michael's  home  in  Baltimore?  A.  He 
lived  with  me.  Ko.  S7  North  Exeter  street. 

Q.  Can  you  state  where  he  was  in  the  montii  of  April 
to  the  loili?   A.  From  the  18th  of  March  until  he  came 


94 


TRIAL   OF   THE   ASSASSINS   AT  WASHINGTON. 


down  to  WHShington  on  the  13th  of  April  he  was  with 
lue. 

Q.  Can  vou  speak  with  certainty  about  his  being  at 
home  ihatliuieor  part  of  it?  A.  lie  arrived  home 
alter  iho  assassination,  on  Saturday  evening,  I  saw 
him  about  seven  o Cock ;  the  ollicers  had  men  been  to 
the  house  in  searcn  ot  him.  and  when  1  iulormed  him 

Of  thatiact,  he  told  me 

Mr.  Bingham.— Vou  need  not  state  what  he  said  to 
Tou  ;  declarations  of  the  prisi>uer  cannot  be  adduced 
in  his  defense 

Mr.  Co.v  stated  that  evidence  had  been  adduced  by 
the  prosecution  to  prove  that  the  prisoner  was  lieeing 
from  arrest,  and  it  was  iegitimaie  to  meet  that  on  the 
part  of  thedeiense,  by  showing  that  instead  of  lieeing 
he  voluntarily  surrendered  himself. 

Judge  Ho  t  "remarked,  tliai  if  the  witness  was  cau- 
tioned not  to  repeat  tlie  declarations  of  the  prisoner, 
be  might  feo  on  to  state  the  facts  iu  connection  with 
the  arrest. 
Q.  Did  the  prisoner  protest  his  innocence? 
Question  oiiiected  to  by  .Judge  Bnigliaui.    Ifthe  Go- 
vernment had  called  lor  any  part  ol  tlie  declarations 
ot  the  prisoner.  Ins  counsel  would  be  entitled  to  draw 
them  a  1  out,  but  as  that  had  not  been  done  the  ques- 
tion was  inadiiilssable 
Objection  sustained  by  the  Court. 
Q.  istaie  whether  or  not.  on  Monday  morning,  the 
defendant  aullior. zed  you  to  procure  an  officer  to  lake 
him  iuio  custody?    A.  He  d.d. 

Mr.  Biugliain.— I  objected  to  that;  but  as  the  wit- 
ness has  answered  the  question  notwithstanding  my 
obieciion,  let  it  go. 

Q.  How  long  have  you  known  the  accused,  O'Laugh- 
lln?    A.  For  about  ivvelve  years. 

Q.  State  what  is  his  disposition  and  character"    A. 
As  a  boy  he  was  always  verj'  timid;  from  my  obser- 
vation of  twelve  years- 
Mr.    B;n'4liam.— You   need  not  state  what  you  be- 
lieve, the  Court  can  draw  its  own  conclusions. 

Witness.— 1  have  always  regarded  him  as  a  very 
amiable  boy.  1  do  not  remember  ever  iiavingseeii 
him  in  a  passion  in  my  liie.  On  political  questions  lie 
has  never  been  violent.  I  have  never  heard  hini  ex- 
press any  opinions  on  the  issues  ot  the  day,  except  in  a. 
very  moderate  way. 

Q.  1  want  you  to  state  the  facts  in  regard  to  the  al- 
leged arrest.    A.  On  Monday  morning,  iu  consequence 
of  what  Mitchell  had  said  to  Mr.— 
Mr.  Bingham.— 1  object  to  that. 

After  discussion,  by  the  consent  of  Judge  Holt,  the 
following  question  was  put:— 

Q.  State  wlieiheryou  surrendered  the  accused  into 
custody  ot  the  ollicers  by  the  author. ty  of  the  accused 
himself.    A.  1  did.  by  his  authorUy,  certainly. 

The  hour  of  1  haviug  arrived,  the  Court  took  a  recess 
until  2. 

After  the  recess  the  examination  of  Maulsby  was 
continued. 

Q.  Did  vou  take  an  officer  to  the  house  where  the 
prisoner,  O'Bau^lilin,  was?  A.  With  the  pt'rniission  of 
the  Court.  1  would  be  glad  to  state  the  circumstances 
Burrouudmg  the  case. 

Judge  Holt.— You  may  state  them,  but  you  must  not 
repeat  what  the  pri.soner  said. 

Witness.— 1  was  proceeding  to  state  that  I  had  seen 
the  accused  on  Saturday  afternoon,  and  an  arrange- 
ment was  then  made,  as  1  tlien  supposed,  lor  Sunday 
morning:  oi  Saturday  evening,  at  seven  o'clock,  I  met 
Kubens  and  Karly;  they  had  just  then  returned  Irom 
Wa^hinmon:  it  is  difficult  to  make  out  a  connected 
narrative  without  stating  ihe  remarks  of  the  prisoner; 
I  saw  Mr.  Wallace  for  the  lirst  time  on  Sunday  morn- 
ing; became  to  the  house  in  search  of  Michael;  other 
orilcers  were  with  him  at  the  time;  on  Monday  morn- 
ing 1  wasstnt  for  by  Michael;  I  went  off  in  aliack,  and 
called  l(ir  Wallace;  1  called  at  Carmichael's  office; 
Wallace,  did  not  know  Michael's  whereabouts  at  the 
time,  but  as  tlie  feeling  v.as  very  high  at  the  time,  I 
thouglit  these  precautions  were  necessary;  we  then 
went  to  Mrs.  Ba..ey's  house,  where  he  was  stopjiing; 
1  went  ill  by  myself,  and  Mictiael  came  out  wuh  me 
and  gave  himself  up  to  the  olHcer;  there  was  nothing 
6aid  from  that  time  until  he  reached  the  Marshals 
Office. 

Q.  1  think  yon  have  stated  that  Michael  came  home 
ou  Saturday  evening.  I  ask  you  if  lie  then  informed 
you  where  he  could  be  lound  if  wanted.    A.  He  d  d. 

Mr.  Bingham  objected  to  the  question,  and  asked 
that  the  answer  might  not  be  recorded. 
The  ob;ec<  on  was  sustained  by  tlie  Court. 
Q.  Yoii  state  ihat. vou  knew  Booth  intimately.    State 
Whether  he  was  a  man  of  pleasing  address? 
Question  objected  to  by  jlr.  Bingham. 
Mr.  Co.x  stated  thatitwa.s  the  desire  of  the  counsel 
fbrall   the  accused  that  some  evidence  should  be  in- 
troduced as  to  tiie  character  of  J.Wilke's  Booth,  for  the 
reason   that  if  anj' of  tlie   accused   sliould   be  found 
guilty,  while  the  character  of  Booth  would   not  aflect 
their  guilt  or  innocence,  .vet  if  it  wasfound  ihatBoo  li 
was  a  man  of  pleasing  address,  calculated  to  influence 
»nd  control  the  minds  of  young  men  witli  whom  he 
associated,  that  would  be  a  mitigating  circumstance. 

Judge  Holt  said  it  would  not.mitlgate  the  assassina- 
tion by  pruviugtliat  IJoolh  w.as.a  man  of  pleas. ng  ad- 
dress.   The  objection  was  sustained  by  the  Court, 


By  the  Court— Q  .You  have  stated  what  has  been 
theoccupaiionofO'Laugbhu  since  August,  ISUi;;  what 
was  his  occupation  previous  to  that?  A.  He  was  in 
the  liebel  service  Irom  1S6I  to  18(;2. 

Testimony  for  the  prosecution  resumed. 

Testitnoiiy  ol  I<ewis  ^V.  ChHmberlain. 

By  Judge  Holt.— Q.  State  where  you  reside?  A.  In 
Richmond.  Va. 

Q.  Slate  whether  you  have  been  on  duiy  there  In 
the  War  Department  of  the  Confederate  States?  A, 
Yes  sir. 

Q.  In  what  capacity  7  A.  As  clerk  in  the  War  Office 
chiefly. 

Q.  state  whether  or  not.'while  acting  as  clerk,  you 
became  acquainted  with  the  handwriting  of  John  A, 
Campbell,  Assistant  Secretary  of  War.  and  late  Judge 
o(  the  Supreme  Court  of  the  United  .Stales,  and  also 
with  that  of  Harrison.  Private  Secretary  of  Jeilersoa 
Davis?    A.  Yes  sir. 

Q.  Look  at  these  indorse ments  on  tlie  letter  (pub- 
lished some  days  ago)  ot  Lieutenant  Alston,  j)roposing 
to  proceed  lo  the  North  and''striUe  at  theiiearts'  blood 
01  tliedeadliest  enemiesof  ihoSoiith."  and  see  whether 
they  are  respectively  in  the  handwriting  of  J.  A. 
Campbell,  Assistant  Secretary  of  War,  and  of  Burton 
U.  Harrison.    A.  Yes  sir. 

Q.  Wa.s  this  Harrison  private  secretary  to  Jefferson 
Davis?  A.  He  was  so  reported  and  recognized  at  the 
War  Department 

ti.  Look  at  that  paper,  and  see  if  the  marks  on  it  are 
the  ordinary  offlcal  iMarks.  A.  It  has  the  mm  Icon  it 
oflhe  Secretary  of  War:  also  of  General  Cooper  Ad 
jutaut-Geiieral  and  Inspecio  -General.  It  s-'cms  to 
have  been  referred  from  tlie  office  of  the  Secretary  of 
Warlo  the  Adjutant-General's  office,  where  it  waa 
d. reeled  to  be  tiled. 

Q.  Do  1  understand  you  to  say  that  the  John  A. 
Campbell  of  whom  you  spealc  was  formerly  on  the 
bench  of  the  Supreme  Court  of  the  United  Slates?  A. 
He  was  so  reported  to  have  been. 

Testisnony  of  Henry  Fineg^an. 

E.xamined  by  Judge  Holt.— Q.  State  where  you  re» 
side.    A.  Ill  Boston,  Mass. 

Q.  State  wiietlier  or  not  you  have  been  in  the  mili- 
tary service  of  the  country  during  this  llebellion?  A. 
I  liave,  as  a  commissu.iied  ollieer. 

Q.  State  if  in  the  month  of  February  last  you  were 
in  Montreal,  Canada?  A.  1  was  and  remained  mere 
eleven  davs. 

Q.  Did  you  while  there  make  the  acquaintance  of 
George  K.  Sanders,  \Vm.  Cleary  and  uilnTs  of  that 
city?  A.  I  did  not  make  their  acquaintance  persou- 
a  iV:  I  knew  them  very  weii  bv  sight;  i  .saw  them  at 
the  St.  Lawrence  Hall,  and  various  other  public  places 
iu  Montretil. 

Q.  D;d  you  see  Jacob  Tliompson  or  Beverly  Tucker 
1  there?    A.  Not  to  my  knowledge. 

j     (i.  State  whether  on  one  occa-^ion,  in  the  month  of 
I  lebruaiv,  vou  luard  a  cjnver-ation  between  George 
N.  Sanders  and  Wni.  Cleary,  and  if  so,  stale  what  was 
said  and  where  .t  occurred.    A.  1  did;  the  conversation 
]  1  heard  look  place  at  St.  Lawrence  in   tlioeveni!  g;  I 
am  notceriain  whether  it  was  on  the  nth  or  l^tli  of 
1  February;    I   was  sitting  in  a  chair  as  f;eori;e  N.  San- 
:  ders  and  William  C.eary  walked  m  at  the  door;  they 
stopped  about  ten  ieet  from  nie;  1  heard  Cleary  say, 
"1  supi'ose  they  are  getting  ready  for  the  inauguration 
OI  Lincoln  next  month;"  Sanders  said, '■  Ves.  but  if  the 
Dovs  only  have  luck.  Lincoln  will  not  trouble  theiu 
I  much  lotiger;"  t'leary  said.  "Is  everything  well?"  San- 
ders reiilieil.  "Oh  1  yes:  I'.coth  is  bo  sing  tiiojob." 

Q.  You  saw  these  men  irequently?  A.  Yes,  1  knew 
Sanders  by  description  the  tirst  time  1  saw  him,  and 
inquii  ed  concerning  him  of  the  clerks. 

Cross-e.xamined  by  Mr.  Aiken.— Q.  When  did  you 
leave  the  service  of  the  Government?  A.  In  Septem- 
ber, 18  ;i. 

Q.  Where  did  you  reside  before  you  enlisted  in  the 
service?    A.  In  "Boston,  Mass. 

Q.  Weere  were  you  born?    A.  In  Ireland. 

Q.  Did  \ou  not  reside  at  the  South  before  you  went 
to  Montreal?    A.  No  sir. 

ti.  You  say  you  were  never  introduced  to  any  or 
those  parties?  A.  Not  to  Sanders  orCle.iry;  I  was  in- 
troduced to  men  wlio  claimed  to  have  esc.iped  from 
prisons  111  tl.e  North. 

0.  What  time  in  the  evening  did  this  conversation 
at  St.  Lawrence  Hall  occur.'  A.  1  thing  about  .5  o'clock. 

Q.  You  say  yuu  were  about  ten  lee;  from  them. 
Were  they  conversing  in  a  loud  or  low  lone?  A.  In  a 
low  lone,  I  thought. 

Q.  Were  they  islanding  close  together?     A.  Yes  sir. 

Q.  Did  you  ever  see  Clay  there?  A.  No:  not  to  my 
knowledtje. 

Q.  D  d  you  ever  see  Cleary?    A.  I  did. 

Q.  Did  "vou  see  Sanders?    A.  I  did. 

Q.  Why  is  it  you  recollect  these  two  and  not  tho 
others?    A.  Because  1  saw  them  talking. 

tj.  How  did  you  know  it  was  t.iem  i  f  you  were  never 
introduced  to  them?  A.  I  knew  them  by  siglit  several 
daysbelorc;  I  saw  them  testify  in  court  in  the  St. 
Albans  raiders  case. 

Q.  What  kind  ot  a  looking  man  wi(s  Cleary?   A.  Ho 


TRIAL   OF  THE   ASSASSINS  AT  WASHINGTON. 


95 


Is  a  man  of  medium  size,  of  sandy  complexion,  sandy 
bair,  and  carries  liis  neck  a  little  on  one  s.de. 

Q.  Describe  Sanders.  A.  banders  is  a  rather  low, 
short  and  thick-set,  curly  hair,  nioustaclie  and  goatee, 
sprinkled  with  grey,  and  a  very  burly  lorm. 

Q.  Did  you  hear  anything  more  about  the  job  men- 
tioned in  that  conversation?    A.  Ko  sir. 

Q.  And  did  you  not  learn  what  the  job  was?  A.  I 
did  not. 

Q.  When  did  you  leave  Montreal?  A.  On  the  17th  of 
February. 

Q.  When  did  you  first  give  this  information  to  any 
one?  A.I  spoke  of  it  to  two  or  three  parties  some 
time  ago. 

Q.  Did  you  communicate  it  to  the  Government?  A. 
Kot  then. 

Q.  Did  you  consider  it  of  any  importance  at  that 
time  ?  A.  No  sir;  I  considered  it  at  the  time  as  a  piece 
Olbraggadocia. 

Q.  When  did  you  first  communicate  it  to  the  Govern- 
ment? A.  A  lew  days  ago. 

Q.  Did  you  ever  see  John  H.Surratt  in  Canada  7  A.I 
do  not  know  him. 

Tosiiiiiony  of  Charles  I>awsoii. 

By  Judge  Holt.— Q.  Are  you  acquainted  with  the 
han"dwriijng  of  J.  Wilkes  Booth?  A.  With  his  signa- 
ture lam. 

Q.  Look  at  this  card,  (Booth's  card  sent  up  to  Presi- 
dent Jolinson,  lit  the  Kirkwood  House,)  and  see  if  it  is 
his  signature?  A.  It  undoubtedly  is. 

Testimony    of  Charles    Sweeney. 

By  Judge  Holt.— Q.  State  where  you  reside.  A.  In 
New  Yoik  city. 

Q.  Ilave  you  been  in  the  army  during  the  present 
war?    A.  1  have. 

Q.  Have  you  been  a  prisoner?  A.  Yes:  the  first  time 
I  was  in  Libby  two  months;  the  second  time  I  was  put 
on  Belle  Islo,  in  Kichmond,  and  then  they  took  me  to 
Andersnnville,  Georgia. 

Q.  How  long  did  you  stay  there?  A.  They  kept  me 
about  six  nioiitlia  before  they  moved  me  to  Savannah. 

Q.  Slato  how  you  were  treated  in  those  prisons.  A. 
At  Belle  Isle  a  man  was  allowed  to  has  e  half  a  pound 
of  bread  a  duj-,  and  soup,  with  a  little  rice  and  bread 
scattered  in  it.  and  occasionally  a  little  pieceof  meat; 
when  we  wont  to  the  hospital  we  had  a  little  belter 
bread  ami  meat,  but  there  was  nnt  much  of  it;  when  I 
first  went  to  AiidiTsoiiville  we  got  a  pritty  good  tiiian- 
tity  of  rations;  we  liud  all  we  wanted  of  corn  meal,  but 
the  bacon  was  very  strong;  tl'.ey  then  coninienced  to 
cut  down  our  rations,  and  they  got  lobe  very  short, 
but  still  wemacle  outto  live  the  bestwecould;  then 
wev.entdovvn  to  Savannah:  but  I  ain't  done  with  Au- 
dersonville  yet;  they  Uked  to  tell  the  guard  that 
whenever  a  man  got  over  his  dead  line  to  shoot  him, 
and  lor  every  man  shot  tliey  would  give  a  furlough 
of  forty  da>s.  and  whenever  a  man  got  even  his  hand 
over  the  dead  line  they  would  shoot  him  down  as  if  lie 
were  a  dog;  at  ono  time  we  were  digging  a  tunnel,  and 
one  thing  or  another  in  the  camp,  trying  to  make  our 
escape,  and  a  cripple,  a  man  with  one  leg,  told  on  us; 
he  ran  outside  the  dead  line  once  and  the  guard  pro- 
tected him,  but  Captain  Burch  told  theguurdthat  if 
be  did  not  shoot  that  man  be  would  sliooi  him,  so 
the  guard  had  to  shoot  him;  I  had  a  brother  at  Au- 
dersonville,  who  was  very  sick  and  dying  for  eight 
days;  there  was  nothing  he  could  eat;  the  corn  ineal 
ana  beef  was  not  tit  lor  a  dog  to  eat;  I  tried  to 
get  some  inouey  to  buy  something  to  leed 
him,  but  the  guard  said,  "Let  him  starve  to 
death;"  then  I  went  to  the  Doctor,  and  asked  him 
to  go  and  see  my  brother  in  the  tent, who  was  dying.biit 
he  said  "no,  let  him  d'e:"  before  he  died  he  said  to  me, 
"my  dear  brother,  never  take  an  oath  of  allegiance  to 
their  Goveriiniont,  but  stick  to  your  own  Govern- 
ment;" I  said  I  would,  and  have  done  it:  I  trii'd  two 
or  three  times  to  make  my  escape,  but  was  recaiitured; 
the  tirst  time  they  backed  anil  ga^'g  d  me  lor  six 
hours;  it  was  so  cold  that  I  could  hardly  talk 
when  I  got  up;  the  next  time  I  thought  I 
would  escape  and  make  my  way  to  General 
Stonemaii.  who  was  on  a  raid,  but  they  caught 
me  and  took  me  back  to  Captain  Winder,  who  had 
me  put  in  the  stocks;  the  sun  was  so  hot  that  the  next 
day  I  got  sick,  and  could  eat  nothing  for  six  days,  and 
pretty  nearly  died;  but  please  God  X  have  a  little  life 
in  me  yet.  Do  you  want  to  liear  anything  alioutGeiie- 
ral  Cobb?  (Laughter.)  He  madeasieeeh  down  there, 
and  told  the  people  of  Georgia  that  the  graveyard 
there  was  big  enough  to  hold  all  those  in  the  stockade, 
and  that  they  intended  tostarve  themall  todeath. 
bomebody  in  the  crowtf  said  if  he  could  catch  "Old 
Abe"  he  would  hang  him,  and  Cobb  said  if  he  could 
catch  him  he  would  do  the  same  thing. 

Testimony  of  James  Young. 

By  Judge  Holt.— CJ  Have  you  been  in  the  military 
service  of  the  United  States  during  this  Rebellion?  A. 
I  have. 

Q.  Have  you  been  aprisonerof  war  during  that  time. 
If  so,  how  long  and  in  what  prison  were  you  conlined? 
A.  I  was  for  nine  months  at  Ander.>onville,  and  at 
other  times  at  Florence  and  Cbar.eston,  S.  C. 

Q.  State  the  treatment  yon  and  other  prisoners  of 
war  received  at  the  hands  of  the  Confederate  authori- 


ties? A.  At  Andersonville,  rations  of  a  very  inferior 
quality  of  corn  bread  and  bacon  were  furnished  they 
were  very  badly  cooked;  the  quantity  would  usually 
be  a  piece  of  bread  four  inches  long,  three  wide  and 
two  thick, and  we  would  get  about  twoor  three  ounces 
of  pork. 

Q.  What  was  the  efTect  of  these  rations  upon  the 
health  of  the  prisoners?  A.  Itwaa  very  injurious:  they 
died  in  large  numbers. 

Q.  What  was  the  average  number  of  deaths  during 
your  stay  there?  A.  The  report  for  August  I  uuder- 
stood  was  3U44. 

Q.  Were  you  in  the  open  sun  orundershelter?  A.  la 
the  open  sun. 

Q.  What  was  the  temperature  of  the  atmosphere? 
A.  It  was  extremely  iiot  in  the  day  and  cool  at  night. 

Q.  What  was  the  "character  of  the  water  they  gave 
vou?  A.  The  water  was  very  poor;  it  was  saturated 
with  the  filth  and  garbage  of  the  cuok-houses  before  it 
came  into  the  grounds. 

Q.  Was  the  character  of  the  ground  marshy?  A.  Yes; 
the  creek  ran  through  the  centre  ut  it. 

Q.  How  far  Was  it  Irom  Woodland?  A.  It  appears 
that  there  was  no  woodland  all  around— in  fact  the 
stockade  was  made  from  wood  taken  out  of  it. 

Q.  Was  there  higher  ground  around  also?  A.  Soma 
higher. 

U.  Were  you  there  during  the  cold  weather?  A.  No; 
I  was  at  Florence  during  the  cold  weather. 

U  What  were  the  aeclarations  made  by  the  keepers 
of  the  prison  when  complaints  were  made;  did  you 
hear  what  was  said  by  them?  A.  I  never  heard  any- 
thing at  Andersen  ville.  but  at  Florence  I  heard  some 
preitv  hard  threats;  they  threatened  tostarve  us  be- 
cause our  army  had  made  a  raid  through  their  country, 
and  had  destroyed  food. 

Q.  Did  you  receive  the  same  treatment  at  Florence 
as  at  Andersonville?    A.  Worse. 

Q.  Was  the  amount  of  food  given  suflBcieiit  to 
sustain  life  for  any  long  time?  A.  No  it  was  not;  men 
who  were  without  any  extra  means,  money,  trinkets 
or  watches,  with  which  to  purchase  extra  food,  ran 
down  upon  it  until  they  died;  I  had  some  money  and 
boughtsome  extra  provisions,  and  so  kept  my  health 
lolerabiy  good:  the  allowance  I  drew  for  ten  days  was 
two  pounds  of  meal:  thelhree  weeks  1  was  at  Charles- 
ton w#  were  used  vei  y  well,  except  that  they  shot 
down  our  men  on  any  excuse. 
I     Q.  Did  this  often  occur?    A.  Yes. 

Q.  Did  it  seem  to  be  encouraged  by  the  officers?  A. 
It  did  seem  to  be. 

Q.  Did  you  know  of  any  man  being  rebuked  or  pun- 
ished forhavingshotoneour  men?  A.  No,  never;  the 
general  report  in  camp  was  that  every  guard  was  al- 
lowed thirty  day's  furlough  for  every  man  he  shot; 
this  was  at  Andersonville. 

Bv  the  Court. —Who  was  the  officer  in  command  at 
Charleston,  when  you  were  there  in  prison?  A.  I  can- 
not tell;  I  did  not  know. 

Testimony  of  John  S.  Yonn^. 

By  Judge  Holt.  Q.  Where  do  you  reside?  A.  In 
New  York. 

Q.  State  whether  you  knew  Robert  Kennedy,  who 
was  hung  in  New  York  some  time  since.    A.  I  did. 

Q,  When  was  he  hung?  A.  I  think  on  the  2dth  of 
March  last. 

Q.  Stale  whether  or  not  before  his  execution  he  made 
a  conlession,  which  was  alterwards  published  in  the 
papers  of  the  country  ?    A.  He  did. 

Q.  Have  you  thatconfession  with  you  ?    A.  I  have. 

Q.  Did  he  make  it  to  you?  A.  He  signed  a  statement 
in  my  presence,  but  not  the  confession. 

Q.  To  whom  was  the  confession  made?  A.  It  was 
made,  I  believe,  to  Colonel  Martin  Burke,  ou  duty  at 
Fort  Lafayette. 

The  Judge  Advocate-General  said  there  was  a  mis- 
take in  summoning  this  witness,  that  he  supposed  the 
coiilession  was  made  to  him;  he  would,  however,  read 
the  confe.ssion  to  the  Court  and  let  it  be  placed  on 
record.  The  confession,  as  published  in  the  papers, 
was  then  read. 


TESTIMONY 


FOR   TME    DEFEXSE   RE- 
!l!il.;91Ei>. 

Testimony  of  James  II.  Noihy. 

By  Mr.  Aiken.— Q.  Where  do  you  reside.  A.  About 
fifteen  miles  down  in  Prince  George  county. 

Q.  State  whether  or  not  you  purchased  some  land 
from  Mrs.  Surratt.  A.  Idid;  seventy-five  acres,  some 
years  ago. 

Q.  DidMr.  Gwvnn  bring  you  a  letter  on  the  14th  of 
April  last?    A.  He  did. 

Q.  Who  was  that  letter  from?  A.  From  Mrs.  Sur- 
ratt. 

Q.  Have  you  been  in  the  habit  of  meeting  Mrs.  Sur- 
ratt at  Surrattsville?  A.  ( inly  that  one  lime;  she  sent 
for  nie  to  come  there;  I  owed  her  part  of  the  purchase 
money,  and  sue  wanted  it  settled;  tliis  letter  was  sent 
out  ou  Friday;  I  did  not  see  her  that  day  at  all. 

Testimony  of  Dr.  .lohn  C  Thomas. 

By   Mr.    Stone.— Where    do    you    reside?     A.    A. 
Woodville.  Prince  George  county. 
Q.  \\hat  is  your  occupation?    A.  I  am  a  physiciant 


96 


TRIAL    OF   THE   ASSASSINS   AT  WASHIXGTOX. 


Q.  How  long  have  you  been  practicing?  A.  Nine- 
teen years. 

Q.  State  whether  you  are  a  brother  of  the  D.  Thomas 
who  has  been  examined  here  as  a  witness.    A.  lam. 

Q.  Sate  whether  your  brotlier  made  any  commu- 
nicaiioii  to  yo  on  lUe  subject  of  a  conversation  w.tli 
JDr.  Mudd  in  relation  to  the  assassination  of  the  Presi- 
dent? A.  The  conversation  that  passed  was  at  my 
house  on  Sunday  morning;  he  came  there  to  Wood- 
ville,  to  churcli:  I  asked  him  the  news;  he  was  just 
from  rryantown  the  day  belore,  and  lie  was  full  of 
news;  he  wasspeakin?  of  the  arrest  of  Dr.  Mudd,  the 
findinK  of  a  boot  at  his  house,  Ac:  durinpctbe  conver- 
sation lie  repented  a  remark  that  Dr.  Mudd  had  made 
Bome  weeks  before. 

Q.  State  whether  he  had  ever  mentioned  that  con- 
versation to  you  before  that  time?  A.  ISo;  never  be- 
fore that  time. 

Q.  And  this  was  after  the  assasshiation  and  after  the 
arrestof  Dr.  JIuUd?  A.  Yes:  the  soldiers  wtre  at  Bry- 
antown,  and  JJr.  Mudd  had  been  arrested,  as  I  under- 
stood; J  had  nut  heard  anything;  of  the  boot  before:  my 
brothf  r  made  an  error  as  to  the  date,  and  I  think  he  is 
eatisfied  t  f  it. 

d.  I  understand  you,  then,  to  say  that  was  the  first 
time  ,vou  ever  heard  your  bro  her  speak  oi  thatcou- 
versatioii,  and  that  he  did  notspeakof  it  before  tlie 
assassinutii  n?  A.  He  did  not;  that  was  the  hrst  time 
bemeniioiitd  it. 

Q.  State  wiietber  you  have  or  not  attended  your 
brotlier  prole^sionally  sometimes.  A.  I  have  in  some 
serious  attacks;  he  had  a  very  serious  paralysis  attack 
with  paralysis  of  bc.dy:  he  was  lor  some  time  laboring 
under  cons  derable  nervous  depression,  and  was  men- 
tally affected  by  it,  so  that  his  mind  was  not  exactly 
right  for  a  long  time. 

Q.  State  whether  your  brother's  mind  is  now  sound 
at  a;i  times?  A.  I  am  under  the  impression  that  it  is 
not  at  all  times. 

Q.  When  his  mind  is  not  in  its  proper  state,  is  he  not 
credulous,  very  talkative  and  unreliable?  A.  He  is 
credulous  and  very  talkative;  very  iipt  to  tell  every- 
thing he  hears,  and  believes  everything  he  hears:  I  do 
not  pretend  to  say  he  would  tell  things  he  did  not 
hear. 

Q.  State  whether,  when  his  mind  is  not  in  a  proper 
condition,  his  memory  and  reason  are  not  botli^some- 
what  aliecled.  A.  His  reason  maj' Ije  somewhat  af- 
fected, and  memory  also,  when  these  attacks  come  on, 
butwhenhe  is  in  theenjoyment  of  good  health  he 
seems  to  be  rational;  he  has  not  had  an  attack  now  for 
some  t.me,  and  his  health  has  been  better. 

C'ross-e.xamined  by  Judge  Binsthaiu.— Q.  State  whe- 
ther you  know  on  what  Sunday  it  was  that  your 
brother  made  that  statement  in  re.irard  to  Dr.  Mudd; 
was  it  not  Kaster  Sunday  immediately  folitiwiiig  the 
assassination?  A.I  expect  it  was  Kaster  Sunday;  I 
think  it  wassomewhere  about  that  time. 

Q.  K>w  stale  what  tliat  conversation  was  in  respect 
to  the  President,  Cabinet  and  Union  men  of  Maryland 
being  assassinated  within  thirty  days.  A.  He  said 
that  Dr.  Mudd  said  Lincoln  and  the  whole  Cabinet 
would  be  killed  in  a  few  weeks,  and  that  he  as  well  as 
the  other  Union  men  in  Maryland  would  be  killed; 
Mr.  Wocd  was  present  at  that  time. 

Q.  You  are  certain  that  in  the  same  conversation  he 
Bnokeof  the  boot  being  found  in  Dr.  Mudd's  house? 
A.  Y'es  sir. 

By  the  Court.— Q.  On  the  day  of  this  conversation 
are  yoa  certan  your  brother  was  in  his  right  mind? 
A.  lie  seemed  to  be. 

Q.  He  was  not  much  excited?    A.  No.  not  at  all. 

Q.  Do  you  think  he  was  capable  of  telling  the  truth 
on  that  day?    A.  Y'es. 

Q.  From  your  knowledge  of  your  brother's  character 
for  truth  and  veracity,  oi  liis  mental  condition,  did  you 
have  any  doubt  in  your  mind  that  Dr.  Mudd  had  said 
what  he  reije:ited  to  you?  A.  I  thought  probably  my 
brother  was  jesting  at  the  time,  and  I  observed  tiiat  il 
such  was  not  the  fact,  he  ought  not  to  state  it;  he  said 
it  was  certainly  true,  that  he  had  made  that  statement 
to  him  lu  Bryantown;  I  supposed  he  had  told  it  as  he 
beard  it. 

Testimony  of  Snnincl  McAllister. 

By  Mr.  Stone.— Q.  Where  do  you  reside?  A.  In 
Washington. 

Q.  How  long  have  you  resided  in  Washington?  A. 
Bince  the  2d  d.iy  of  December  last. 

Q.  What  is  your  occupation?  A.  I  am  clerk  in  Penn- 
sylvania House,  Washington. 

Q.  Have  you  the  register  of  that  house  with  you? 
A.  I  have,  ([iroducingthe  register). 

Q.  State  whether  the  name  oi  Dr.  S.  A.  Mudd  ap- 
pears on  that  register  as  having  been  entered  in  the 
month  ot  January,  18R5.  A.  I  have  examined  the 
monfi  carefully,  and  the  name  does  not  apnear. 

Q.  Do  you  know  the  accused.  Dr.  Samuel  A.  Mudd? 
A.  I  do  not;  he  may  have  stopped  at  the  house,  and  if 
he  did  his  name  is  on  the  register,  as  we  do  not  allow 
any  person  to  stop  at  tlie  house  without  registering. 

Q.  Turn  to  tlieiJdof  December lastandstate  whether 
you  find  the  name  of  Mudd?  A.  Y'es  sir;  the  name  is 
here,  Samuel  A.  Mudd. 

Q.  State  whether  you  find  the  name  of  another  man 
named  Mudd  on  that  day  ?  A.  Y'es  sir;  J.  T.  Mudd. 


Q.  What  is  the  rule  of  the  house  in  regard  to  guests 
registering  their  names? 

Assistant  Judge  Advocate  Bingham  objected  to  the 
question.    Theob  ectiou  was  overruled. 

A.  All  persons  stoppi!ig  at  the  hotel  are  required  to 
register  their  names;  often  ,^ersons  come  in  and  take 
meals;  thoy  do  not  register  their  names,  but  no  person 
stops  in  the  house  over  night  without  being  required  to 
register. 

By  Assistant  Judge  Advocate  Bingham.— Q.  Do  you 
know  who  slept  in  the  room  with  Aizeroih  on  the 
night  of  the  assassination?  A.  No  sir;  I  was  in  bed  at 
the  time  Aizeiolh  came. 

Q.  Y'ou  do  not  know  whether  Dr.  S.  A.  Mudd  was  in 
the  house  or  not  in  the  naonth  of  January?  A-  No  sir, 
his  name  is  not  on  the  register. 

By  the  Court.— Do  you  know  whether  Dr.  Mudd 
might  have  been  in  the  liouseundei  an  assumed  name? 
A.  I  could  not  tell  anything  about  that. 

Q.  Are  you  acquainted  with  the  person  registered  as 
Mudd?    No  sir. 

Testimony  of  Jos.  T.  >In(l(1. 

By  Mr.  Ewing.— Q.  State  whether  you  are  acquainted 
with  the  prisoner.  Dr.  Samuel  A.  Mudd?    A.  I  am. 

(4.  Where  doyou  reside?  A.  In  the  Fourth  Klection 
District  of  Charles  count.v,  about  a  m.le  and  a  half 
from  the  house  ot  Dr.  Samuel  A.  Mudd. 

Q.  State  whether  you  cume  with  the  accused  to 
Washington  last  winter,  and  if  you  did,  give  the  par- 
ticulars of  your  visit.  A.  I  came  with  him  to  Wash- 
ington on  the  22d  of  December  last;  I  recollect  the 
date  from  the  fact  that  we  returned  home  on  Christ- 
mas eve,  wliich  was  the  24th. 

When  we  got  to  Washington  weleft  ourhorses  down 
by  the  Navy  Yard,  and  walked  up  to  Pennsylvania 
avenue:  it  was  in  the  evening;  we  went  to  the  Pennsyl- 
vania House  and  registered  our  names.  I  think  ior 
lodgings;  however,  us  we  had  not  been  to  dinner,  we 
conduiled  that  wc- wanted  something  better  than  an 
ordinary  supper,  so  we  went  to  a  restaurant  on  the 
avenue,  known  as  the  Walker  Kestaurant;  we  ordered 
suiijier.  and  remained  there  po<sib!y  an  hour:  after 
leaving  there,  we  walked  into  Brown's  Hotel,  where 
westayed  about  half  an  hour:  we  then  went  into  the 
National  Hotel:  there  was  a  tremendous  crowd  in 
there,  and  we  got  separated:  I  recognized  an  ac- 
quaintance in  the  crowd,  and  got  into  conver- 
sation with  him:  aiter  that  1  came  out  of 
that  place,  and  went  along  the  avenue,  stopping  in 
several  clothing  stores,  for  tlie  purpose  of  looking  at 
some  clothing  which  I  in'.endtd  to  purchase  liext 
morning;  I  then  walked  up  to  the  Pennsylvania  House, 
and  very  soon  after  I  arrived  Dr.  Mudd  came;  very 
soon  a  ter  we  went  to  bed;  in  the  morning,  after  break- 
last,  we  went  to  the  store  of  a  man  by  the  name  of 
McGre,:or.  1  think,  and  purchased  a  cooking  stove:  we 
were  together  after  that  once  or  twice  during  the  morn- 
ing: I  had  c  othing  to  buy.  and  some  little  purchases  to 
make,  which  I  attended  to;  I  saw  the  prisoner  during 
the  morning  repeatedlj';  every  five  or  ten  minutes  I 
would  be  with  him;  about  one  o'clock  we  left  the  ave- 
nue, and  came  down  to  the  Navy  Yard,  got  our  horses, 
and  between  two  and  three  o'clock  went  home;  we 
came  and  returned  together. 

Q.  Were  you  in  the  Pennsylvania  House  when  the 
prisoner  rejoined  you,  after  your  sej  aration  from  him 
at  the  Nat'onal?  A.  I  was  silting  ne;ir  the  tire-place 
in  the  front  room  as  J'ou  enter,  near  the  office  where 
the  register  is  kept;  JJr.  Mudd.  when  I  first  saw  him 
came  through  the  folding  door  into  this  room  Irom  the 
other  room. 

Q..  WiLS  any  one  with  him  as  he  entered?  A.  I  think 
not;  there  might  have  been  but  I  saw  none. 

Q.  Y'ou  sayyou  were  not  separated  from  him  the 
ne.vt  morning  more  than  fiveor  ten  minutes  at  a  time? 
A.  I  think  not;  after  the  purchase  of  thestove  he  had 
some  shoes  and  some  little  things  to  buy  and  wo  sepa- 
rated, but  I  saw  him  frequently:'  once.  1  think,  he  was 
coming  from  the  Bank  of  Washington,  where  he  had 
some  litt'e  business. 

Q.  Do  you  know  by  whom  the  articles  bought  by  him 
were  taken  to  his  house? 

Judi^e  Bingham  objected  to  this  question  as  being  of 
no  consequence. 

Mr.  Kwing  said  he  thought  it  a  matter  of  much  con- 
sequence. The  prosecution  had  proved  by  one  witness 
a  meeting  between  Booth  and  Mudd  here  in  Washing- 
ton, and  the  deiense  expected  to  he  able  to  show  con- 
clusively that  if  there  was  any  such  meeting  it  must 
have  been  at  this  visit;  therelore  the  necessity  of  show- 
ing that  tiie  accused  came  here  on  luisim  ss  uncon- 
nected witli  Booth:  that  the  meeting  wish  Booth  had 
beeu  put  in  evidence  us  a  jiart  of  the  cons' iracy,  and 
the  deiense  had  a  right  to  show  by  the  acts  ol  the  ac- 
cused that  ho  came  to  Washington  on  a  purely  legiti- 
mate business  visit. 

Judge  Bingham  replied  that  the  interview  alleged  to 
have  taken  place  in  Washington,  between  Mudd  and 
Booth,  was  in  another  month  from  that  here  desig- 
nated, and  the  attempt  to  show  the  purehase  ol  certain 
articles,  and  cverj-thing  connected  with  the'r  traiis- 
I)ortatiou  to  the  house  of  the  prisoner,  would,  if  al- 
lowed, resultin  throwing  no  addiiional  light  wh.-itever 
on  thesuhject.  The  objection  was  not  sustained  and 
the  question  was  repeated.  A.  I  took  home  a  portion 
of  his  purchases  myself;   the  stove  was  to  have  been 


TRIAL  OP   THE   ASSASSINS  AT  WASHINGTON. 


9T 


taken  home  b}'  a  Mr.  Lucas,  who  was  then  in  market 
with  his  wai?oii;  I  went  twice  with  Dr.  JIudcl  and  twice 
by  myself:  Mr.  l^iicas  said  that  if  lie  sold  out  his  load 
of  poultry  lie  would  take  the  stove  down,  and  if  he  did 
not  he  would  notoe  able  to  lake  it  down  that  trip. 

Q.  Are  you  well  acquainted  with  Dr.  Samuel  Mudd? 
A.  I  am;  1  liave  known  him  from  early  youth. 

Q.  Do  you  know  hisReneral  character  in  the  neiprh- 
borlioodin  which  he  resides  for  iieace.  order  and  good 
citizenship?  A.  It  is  exemplary;  I  think  I  never 
heard  anything  to  the  contrary:  he  is  of  an  amiuble 
disposition,  a  good  citizen  and  a  good  neighbor,  besides 
beins  lionest  and  correct.  ^ 

Q.  Do  you  know  his  character  in  jBe  neighborhood 
as  a  master  of  his  slaves?  A.  I  do:  ITlave  lived  close 
by  liim  ah  my  life,  and  believe  him  to  be  liumaue 
andlcind;  I  never  thought  his  niggers  done  a  great 
flealofwork,  but  have  always  considered  that  they 
were  treated  very  liumanely. 

Q.  Do  you  kn  iw  of  Booth's  having  been  ia  that 
country?  A.  I  do:  I  saw  liim  at  church;  that  Is,  I 
naw  a  stranger  there,  and  1  asked  who  he  was,  and 
was  told  it  was  Booth,  a  great  tragedian;  from  theUe- 
Bcription  given  ofliim,  and  the  photograph,!  am  satis- 
fied it  was  the  same  man;  that  was  in  the  latter  part 
of  November  or  early  in  December. 

Q.  Do  you  know  on  what  business  Booth  was  in  that 
country?  A.  Only  from  the  commoa  talk,  what  I  heard 
Others  say. 

Q.  Wluit  was  the  common  talk? 

Judge  Bingham  objected  to  the  question. 

Mr.  Ewingsaid  tUat  he  linew  it  was  tlieobject  of  tlie 
Government  to  give  tbe  accused  liere  liberal  opportu- 
nities of  presenting  their  defense,  and  he  did  not  thiiili 
the  Judge  Advocate  intended,  by  drawing  tightly  the 
rules  of  evidence,  to  shut  out  evidence  which  might 
fairly  go  to  relieve  the  accused  of  theaccusat  ions  against 
them.  It  was  better  not  only  for  tiiem  but  for  llie  Go- 
vernment whose  majesty  liadbeen  violated  that  there 
Should  bo  great  liberality  in  allowing  the  accused  to 
present  whatever  evidence  they  might  oBer.  Tlie  de- 
tense  wished  to  show  that  Boolhwas  in  the  country 
ostensibly  according  to  the  common  understanding  ot 
the  neighborhood, lorthe  purposeof  investing  inlands. 
This  was  introduced  as  explanatory  of  his  meeting 
with  Dr.  Mudd,  whose  family,  as  thedeiense  expected 
to  show,  were  large  landholders  and  anxious  to  dis- 
pose of  their  kinds. 

Judge  Advocate  Holt  stated  that  he  was  in  favor  of 
allowing  the  accused  to  indulge  in  the  utmost  latitude 
of  inquiry,  and  that  when  he  I'eli  short  of  maintaining 
thatspiri't  he  would  be  obliged  if  the  Court  would  do 
it  (or  him.  In  this  instance,  liowever,  a  mere  idle  ru- 
mor in  regard  to  which  a  cross-examination  could  not 
be  made,  was  not,  in  his  opinion,  properly  admitsible. 
The  objection  was  sustained,. and  the  question  was  not 
put. 

Cross-examined  by  Judge  Holt.— Q.  Do  you  know 
the  reputation  o;  the  prisoner.  Dr.  Mudd,  for  loyalty 
to  the  Government  of  the  United  States?  A.  I  really 
do  not  so  far  as  my  own  knowledge  goes;  I  have  never 
known  of  anv  disloyal  act  of  Ids. 

Q.  Have  you  ever  heard  any  disloyal  sentiment  ex- 
pressed by  him?  A.  No  sir;  X  have  heard  him  express 
Bentimcnis  in  opposition  to  the  policy  of  the  Admin- 
istration. 

Q.  Do  you  know  that  he  has  been  opposed  to  the 
action  of  the  t;oveinment  of  the  United  .'states  in  us 
endea%'ors  to  suiipress  this  Rebellion,  and  that  his  op- 
position to  it  has  been  open  and  undisguised?  A.  No 
sir;  I  do  not  know  tiiat. 

Q.  Do  you  know  that  lie  has  constantly  held  that  the 
State  ot  Marvland  had  been  lalse  to  her  duty  in  not 
going  with  tlie  ot'.le^!6;ate^  in  llebellioii  ag.unst  the 
Government?  A.  I  have  never  heard  him  say  so. 
' Q.  Have  >ou  not  from  time  to  time  soeu  Confede- 
rate oflicers  about  liis  house?    A.  Never  sir. 

Q.  You  spokeof  his  amiability  towards  his  servants, 
did  you  ever  hear  of  his  shooting  any  of  them?  A.  1 
have  heard  of  it. 

Q.  Have  vou  any  doubts  of  its  truth?    A.  No  sir. 

By  Mr.  Ewing.— Q.  State  what  you  heard  about  his 
shooting  his  slave.  A.  I  heard  that  his  servant  was 
obstreperous;  that  he  ordered  his  servant  to  do  some- 
thing which  he  not  only  refused  to  do,  but  started  to 
goaway;  Dr.  Mudd  had  h\n  gun  with  him,  and  he 
thought  he  would  shoot  him  to  frighten  him;  I  heard 
him  say  so  myself;  he  shot  him  somewhere  in  the  calf 
oi  the  leg. 

Q.  Was  it  with  a  shot-gun?    A.  Yes  sir. 

Q.  Di<l  vou  evei  hear  anythingof  the  servant  having 
attacked'him  vvith  a  curry-comb?  A.  I  do  not  think  I 
ever  heard  that;  I  heard  but  little  about  the  matter. 

Q.  Did  you  hear  that  his  servant's  leg  was  broken 
hy  theshot?    A.  N  >sir;  I  heard  it  was  a  flesh  wound. 

Q.  You  speak  of  having  heard  himex|ires3  himself 
In  opposition  to  the  policy  of  the  Administration;  did 
he  express  himself  with  any  violence?  A.  No  sir,  I 
never  knew  him  to  make  use  of  any  expression   in 

f:entlemoirs  company  which  could  not  be  admissable 
a  ladies'  society. 

Q.  Did  he  ever  talk  much  in  opposition  to  the  Ad- 
ministration? A.  I  never  heard  him  talk  a  great  deal 
In  opposition  to  the  Administration  except  with  refer- 
ence to  the  emaucipatiOQ  policy. 


Testimony  of  Francis  I^neas. 

By  Mr.  Ewing.— Q.  Where  do  you  live  and  what  oc- 
cupation were  you  engaged  In  last  Deceiiiber?  A.  I 
live  in  Charles  county,  lu^ar  Bryantiwn.  Md.,  and  was 
and  liave  been  a  huckster  forseveral  ye.ais. 

Q.  State  whether  there  was  any  arrangement  made 
between  you  and  Dr.  Mudd  astocarryingsomc  articles 
from  this  city  down  home  for  him  last  December?  A. 
On  Christmas  eve  Dr.  SUidd  came  to  me  in  marketaiid 
asked  me  to  lake  a  stove  home  for  him;  he  came  to  me 
several  times,  aud  1  promised  to  do  it  if  I  could. 

Testimony  of  Jolin  C  Tlioinpson. 

By  Mr.  Stone.— Q.  Where  did  you  reside  last  Fall? 
A.  At  Dr.  Queen's, in  Charles  county. 

Q.  Did  you  know  Wilkes  Booth?  A.  I  had  a  slight 
acciuaintance  with  a  man  bearing  that  name. 

U.  State  how  that  acciuaintance  commenced?  A.  I 
was  introduced  to  a  man  styling  himself  Booth;  I  do 
not  know  whether  the  name  was  Wilkes  Booth  or  not, 
by  Dr.  Queen,  my  brother-in-law;  I  think  that  was  in 
October  or  November  last. 

Q,  Was  this  introduction  given  to  5'ou  by  Dr.  Queen 
athishousel  A.  'i'es  sir;  Booth  came  there,  I  think, 
on  a  Saturdav  night. 

Q.  Had  aii.v  ot  the  family  there  known  him  pre- 
viously? A.  I  think  I  can  say  witli  certainty  that 
none  of  the  family  ever  lie:ird  ofliim  before. 

Q.  State  how  he  got  admission  there?  A.  Dr.  Queen's 
son,  Joseph  Queen,  brought  him  there  Irom  Bryan- 
town. 

Q.  Where  is  Dr.  Queen  now,  and  what  is  his  condi- 
tion? A.  He  is  at  his  place,  in  Charles  counly;  he  is  a 
very  old  man,  being  seventy-lour  years  of  age,  bed- 
ridden and  infirm. 

Q.  Did  this  man  Booth  bring  any  letters  of  introduc- 
tion to  Dr.  Queen?  A.  I  think  he  brought  ii  letter  from 
somebody  in  Montreal:  if  I  am  not  mistaken  it  was 
Irom  a  man  by  the  nameof  Martin. 

Q.  Did  you  see  the  letter?  A.  I  hardly  glanced  over 
the  letter,  and  paid  very  little  aitention  to  it ;  as  well 
as  I  remember,  itwa,  simiily  a  letter  of  introduction 
to  Dr.  Queen,  saying  that  this  man  Booth  wanted  to 
see  tlieciuniry. 

Q.  State  whether  you  were  present  at  the  first  con- 
versation between  I3r.  Samuel  A.  Mudd  and  this  man 
Booth?  A.  On  Sunday  mornin.;.  this  man  Boo  h,  Dr, 
Queen  and  myself  went  to  ihe  church  at  Bryantown 
and  I  Introduced  Booth  to  Dr.  Mudd. 

Q.  State  what  was  Booth's  ostensible  object  in  visit- 
ing the  country?  A.  It  was  lor  the  iiurpose  of  iuirchas- 
ing  land:  that  I  am  confident  of,  as  ho  so  siated  to 
me:  he  asked  me  the  price  of  land  in  that  section,  and 
Ito'.dliim  as  well  as  I  knew  that  the  land  varied  In 
price  from  five  to  fifty  dollars  per  acre,  according  to 
the  quality  and  situation  and  the  improvements  upon 
the  land. 

Q.  Did  he  make  any  inquiries  of  you  as  to  who  had 
land  lot  sale?  A.  Yes:  I  think  I  told  him  I  did  not) 
know  who  had  land  for  sale,  but  that  Mr.  Henry 
Mudd,  the  father  of  the  accused,  was  a  large  prop-^rty 
holder,  and  he  (Booth)  might  purchase  laud  from 
him. 

Q.  Did  he  make  any  inquiry  as  to  distances  from  the 
river?  A.  As  well  as  I  remember  he  diii  make  in- 
quiries ocnie  about  the  roads  in  Charles  county,  but  I 
was  not  in  ormed  in  regard  to  roads  there;  the  only 
road  of  which  I  had  aiiy  knowledge  was  the  road 
from  Washington,  known  ast'ie  Stage  Iload,  leading 
down  toBryantown:lieasked  me  in  regard  to  the  roads 
leading  to  tl;e  Potomac  Biver;  1  told  him  I  was  not 
conversant  with  these  roads;  that  I  knew  them  as  far 
as  Allen's  Fresh     nd  Newport,  but  no  further. 

Q.  Did  Booth  make  any  inquiries  as  to  tlu;  jiurchase 
of  horses  In  the  neighborhood?  A.  I  think  hedid:  I 
think  he  asked  me  if  there  were  any  horses  in  the 
neighborhood  for  sale:  1  told  him  I  did  not  know;  that 
the  Government  had  been  jnirchasing  horses. 

Q.  State  whether  the  meeting  of  Booth,  Dr.  Queen 
and  yoursel  t  vvith  Dr.  JMudd  at  church  was  casual.  A. 
It  was  simply  accidental. 

Q.  Where  did  vou  meet  Booth?  A.  In  the  church 
vard  in  frontof  the  church  door,  where  the  male  por- 
tion of  the  congregation  are  in  the  habit  of  assembling 
just  previous  to  Divine  service:  I  happened  to  see  Dr. 
Mudd  therewith  various  other  gentlemen,  and  I  In- 
troduced him  to  the  others  present;  I  had  no  Idea  as  to 
what  themans  business  there  was  lurther  than  that 
he  was  a  purchaser  of  lands;  Ithink  lietold  metho 
night  before  he  had  made  aspeculation  or  was  a  share- 
holder ill  an  enterprise  in  Western  Pennsylvania 
somewhere,  and,  as  far  as  I  remember,  told  me  he  had 
made  a  good  deal  of  money  on  tot  these  ojierat  ions. 

Q,  Did  Booth  stay  at  Dr.  (iueens  house  during  that 
visit?  A.  I  think  he  stayed  there  that  night  and  the 
next  day.  ,  .   ,    , 

Q.  Did  vou  ever  see  Booth  again?  A.  I  think  I  saw 
him  again  about  the  middle  ot  December  following;  ha 
came  to  Dr.  Queen's  a  second  time  and  stayeil  all 
night,  and  lelt  very  early  the  next  morning;  I  uid  not 
see  him  aiter  that. 

Cross-examined  by  Assistant  Judge  Advocate  Buiv 
nett.— Q.  How  near  do  you  live  to  Dr.  Mudd?  A.  I 
think  the  distance  Is  about  seven  or  eight  miles. 

Q.  Is  your  acquaintance  with  Dr.  Samuel  A.  Mudd 


98 


TRIAL   OF    THE   ASSASSINS   AT  WASHIXGTON". 


and  his  afTairs  ol  a  very  intimate  character  ?  A.  I 
am  not  intimately  acquainted  with  him;  1  know  him 
persoiiiiliy. 

Q.  You  sav  that  Booth  spoke  of  purchasinc:  lands. 
A.  Yes  sir:  I  told  him  that  Mr.  Henry  Mudd.  the 
father  ofthe  accused,  was  an  extensive  land  bolder, 
and  be  would  probably  be  able  to  purchase  landa  irom 
him. 
■  Q.  He  did  not  in  that  conversation  sav  anytliins  to 
you  about  purchasing  laud  from  Dr.  tiamuel  Mudd? 
A.  No  sir. 

Q.  Do  you  know  whether  Dr.  Samuel  Mndd  owns 
anv  land  there?    A.  I  am  not  positive  as  to  ituit. 

liy  Mr.  Stone.— Q.  Who  lives  nearest  to  this  city,  Dr. 
Queen  or  Dr.  Mudd?  A.  I  think  Dr.  Mudd  lives  the 
nearest. 

By  the  Court.— Q,  Did  you  see  the  name  attached  to 
thelptter  of  which  vou  liave  spoken?  A.  Ves  sir:  I 
tliink  the  name  was  Martin;  Idouotkuow  the  chris- 
tian name. 

Q.  Y'ou  h;^ve  never  heard  of  the  man  whose  name 
wasMisnrd  to  that  letter?    A.  I  did  not. 

Q.  Did  Booth,  to  your  knowledge,  ever  buy  any  land 
In  Maryland  on  the  sirensth  of  that  letter  ot  introduc- 
tion?   A.  Kot  to  my  knowledge. 

The  Court  adjourned  till  to-morrow  morning. 


■Washington,  May  27.— After  the  evidence  taken 
yesterday  had  been  read,  the  following  witnesses  were 
to-day  called  for  the  prosecution  :— 

Testimony  of  Georgre  F.  Edmoncls. 

By  Judge  Advocate  Ilolt.— Q.  What  is  your  profes- 
Bion?    A.  Counsellor  at  Law. 

Q.  State  whether  or  not  in  the  trial  which  recently 
occurred  in  Canada  ot  certain  oflenders,  known  as  the 
St.  Albans  raiders,  you  appeared  as  counsel  for  the 
Government  of  the  United  States.  A.  I  had  charge  of 
the  matter  for  the  Government  of  the  United  States. 

Q.  State  whether  in  the  performance  of  your  profes- 
sional duties  there,  you  made  the  acquaintanceoi  Jacrob 
Thompson,  William  C  Cleary, Clement  C.  Clay, George 
K.  Sanders,  and  others  of  that  clique?  A.  In  the  sense 
in  whicti  the  term  is  generally  understood,  I  did  not;  I 
knew  these  persons  by  their  being  pointed  out  to  me 
daily;  I  did  not  have  the  honor,  it  it  may  be  called,  of 
their  acquaintance. 

Q.  Were  the  defendants  in  court?    A.  They  were. 

Q.  Were  they  engaged  as  officers  of  the  c'onlederate 
Government  in  defending  tliese  raiders?  A.  They 
seemed  to  exercise  the  functions,  and  recognized  each 
other  accordingly. 

Q.  Mention  the  persons  whom  you  met  there,  and 
who  wereso  recognized.  A.  I  do  not  think  I  saw  Mr. 
Thompson  moie  than  once:  I  sawC.  C.  Clay  during  tlie 
early  part  of  the  proceedings  almost  daily,  and  Mr. 
Banders  during  the  whole  of  the  period;  Mr.  (  leary. 
whom  you  mentioned,  I  saw  to  know  at  a  later  period, 
when  he  was  examined  as  a  witness  on  the  part  of  the 
defendant. 

Q.  Did  he  represent,  in  his  testimony  en  that  trial, 
that  these  jiersous  were  engaged  in  the  Conlederate 
service,  and  that  this  raid  was  made  under  authority 
of  the  Confederate  Government  ?  He  so  ropre-;ented, 
as  did  all  those  pei-sons,  and  they  stood  upon  that  de- 
fense. 

Q.  Will  you  look  at  this  paper  and  state  whether  or 
not  you  have  seen  theorigiual  of  the  document  ?  A.  I 
have  seen  the  ori.;inal. 

Q.  Was  it  or  was  it  not  given  In  evidence  on  the  trial 
to  which  you  reler?  A.  It  was  given  in  evidence  on 
the  trial  on  the  part  of  the  delendants. 

Q.  Given  in  evidence  by  them  as  a  general  docu- 
ment ?    A.  It  w.as. 

Q.  Is  that  a  correct  copy  ?  A.  I  cannot  swear  that  it 
Is  an  exact  copy,  but  I  examined  the  original  very 
c.irefuily,  and  I  am  able  toswearthatit  isasubstantial 
copy,  and  X  have  no  doubt  it  is  a  literal  copy. 

The  paper  was  then  given  in  evidence,  and  wa.s  read, 
as  follows  :— 

CONFEUEBATE  STATES  OF  AMERICA,  WAR  DEPART- 
MENT, KiCHMOND,  Va..  J  Une  11),  1SG4.— To  Lieutenant 
Bennett  II.  Y'oung— Lieuteuant:— You  have  been  ap- 
pointed, temporarily.  First  Lieutenant  in  the  Provi- 
Blonal  army  for  special  service.  You  will  proceed 
without  delay  to  the  Br.tlsU  I'rovinces,  where  you  vviil 
report  to  Messrs. 'I'homiison  it  Clay  for  instructions. 
Y'ou  will,  under  their  directions,  collect  sucli  Con;ede- 
rate  soldiers  who  have  escaped  from  the  enem.v,  not 
exceeding  twenty  in  number,  as  you  may  deem  suita- 
ble for  the  p.irpose,  and  will  e.vecutesc.cu  enterprises 
as  maybe  entrusted  to  you.  You  will  take  care  to 
commit  no  Violation  of  the  local  law,  and  toobey  im- 
plicitly their  instructions,  Y'ou  and  .vonrmen  will  re- 
ceive from  these  gentlemen  transportation  and  the 
customary  rations  and  cloching,  or  the  commutation 
there. or. 

(Signed)  JAMES  A.  SEDDON, 

Secretary  of  War. 

Q.  Was  the  Young  referred  to  In  that  connection  one 
ot  the  St.  Albans  raiders?  A.  I  do  not  know  tuat  I  can 


answer  that  question  literally:  he  produced  that  docu- 
ment and  proLested  to  be  the  person. 

Q.  He  was  on  trial  as  such?  A.  He  was  on  trial  as 
such,  and  produced  that  document  as  his  authority  for 
tiie  acts  he  had  committed. 

The  testimony  of  the  witness  having  been  concluded, 
Judge  Advocate  Holt  stated  that  since  chiding  thecasa 
on  the  part  of  the  (Joverument  so  lar  as  concerned 
the  individual  prisoners,  he  liad  discovered  an  impop- 
tant  witness,  before  unknown  to  hiui,  whoso  examin£^ 
tion  he  desired  should  now  i  e  made. 

Mr.  Ewing  inquired  as  to  which  of  the  prisoners  tha 
proposed  testinmny  was  likely  to  affect.' 

Judge  Holt  ^fclied  that  it  referred  directly  to  the 
case  ot  AtzeroflF 

Mr.  poster  said  that  he  had  not  opened  the  defense 
for  Atzeroth,  and.  therefore,  would  not  object  to  tha 
reception  of  the  testimony. 

The  witness  was  then  called  and  testified  as  fo^ 
lows:— 

Testimony  of  Colonel  Willinin  n.  XevinsL 

By  Judge  Advocate  Holt.— Q.  Where  do  you  reside? 
A.  in  New  York. 

Q.  State  whether  or  not  you  were  in  this  city  in  tha 
month  of  April  last,  and  if  so,  on  what  da.v?  A.  I  was 
hcreonthe  iLith  of  April;  I  think  I  recollect  the  (l:\y 
from  the  fact  that  a  pass  which  I  received  from  the 
War  Department  bears  that  date. 

Q.  Where  did  you  stop  in  this  city?  A.  At  the  Kirk- 
wood  House. 

tj.  Look  at  the  prisoners  at  the  bar  and  see  whether 
you  recognize  either  of  them  .is  a  per'^on  whom  you 
met  in  that  house  on  that  day?  A.  That  one  there 
(pointing  to  Atzeroth^,  1  think  he  is  the  man. 

Q.  Slate  under  wliatcircumsauces  you  met  him, and 
what  he  said  to  you?  A.  Jle  h;:d  on  acoat  darkerthaa 
that:  as  I  was  coming  out  he  asked  ine  if  I  knewwhere 
the  V:ce  President's  room  was,  and  I  to!d  him  that 
the  Vice  President  was  then  at  dinner;  there  was  no 
one  there  then-e.Kcept  him  and  me. 

Q.  D  d  he  ask  where  the  room  of  Vice  President 
Johnson  was?  A.  Y'es  sir;  that  was  his  tirsl  question; 
I  did  not  know  the  number  of  the  Vice  President's 
room,  but  I  knew  it  was  on  the  right  hand  side  next 
the  par, or:  lunvever,  I  said  to  him,  "the  Vice  President 
iseatinghis  d  nner." 

ti  Did  you  then  part  with  him,  or  where  did  hego? 
A.  1 1  assed  ou. 

Q.  Did  you  leave  him  standing  there,  or  did  hego 
away?  A.  Well,  he  looked  in  the  dining  room;  I  do 
not  know  whether  he  went  in  or  not. 

Q.  ^ou  say  you  pointed  out  the  room  to  him?  A- 
Yes.  sir. 

Q  Yv'as  the  room  in  view  from  where  you  pointed  it 
out?  A.  Yes  sir;  it  was  on  the  passage  as  you  go  into 
the  dining  room,  and  between  that  and  the  steps  as 
you  go  down  to  the  dining  room  is  where  this  man 
met  me. 

Cross-examined  by  Mr.  Doster.— Q.  What  time  of 
day  was  this?  A.  I  think  it  was  between  lour  and  live 
o'clock:  there  was  no  other  person  atdinner  but  the 
Vice  i'rasident  himself:  I  was  gOiug  away  at  the  time, 
and  was  in  a  great  hurry. 

Q.  Whereabouts  in  the  bui'ding  did  this  conversation 
take  place?  A.  In  the  passage  leading  into  the  diniug* 
room. 

Q.  D'd  the  prisoner  look  into  the  dining-room?  A. 
From  the  passage  >  ou  cannot  look  into  it,  but  by  going 
down  a  few  steps  you  can  see  in. 

Q.  1  understood  you  to  say  that  he  looked  into  the 
dining-room?  A.  I  pointed  to  the  Vice  President.  Mr. 
Johnson,  who  was  sitting  at  the  far  end  with  a  yellow 
looking  man  standing  behind  him. 

Q.  What  length  of  time  was  occupied  In  this  con- 
versation?   A.  I  do  not  supiiose  over  three  minutes. 

U-  Have  .vou  seen  the  prisoner  since  that  time  untQ 
you  saw  him  to-day?    A.  No  sir. 

Q.  Describe  the  dress  and  appearance  of  the  pri- 
soner? A.  I  was  in  a  hurry  when  I  met  the  prisoner, 
and  am  thereioro  unable  to  give  a  very  minute  de- 
scription of  his  dress;  it  was  dark;  he  had  on  a  loW» 
crowned  black  hat.  but  it  is  his  countenance  by  which 
1  now  recognize  him. 

Q.  State  to  the  Court  your  age.  A.  I  was  born  on 
Feliruaiv  22d.  1803. 

Bv  Judge  Advocate  Holt.— Q.  State  whether  or  not 
in  coming  into  the  presence  of  the  iirisoner,  Atzeroth, 
this  morning,  you  recognized  him  at  once,  witiiout  his 
beingpointed  out  to  yon.  A.  I  recognized  him  with* 
out  his  being  pointed  out  to  me. 

Q.  No  inaicatiou  as  to  the  person  was  made  to  you? 
A.  No  sir. 

Testimony   of    Bettie    W'ashing^ton,    (Co- 
lured). 

By  Mr.  Stone.— Q.  State  where  you  reside.  A.  I 
live  at  Dr.  Samuel  Mudd  s;  have  been  living  there 
since  the  Mondav  alter  Christmas. 

Q.  Were  you  a  slave  beiore  the  Emancipation  Pro- 
clamation Wiis  i.ssuod?    A.  Ves,  sir. 

[In  reply  to  a  series  of  questions  propounded  to  her, 
the  witness  then  testilieu  in  subst;iuce  that  she  had 
not  been  absent  I'rom  the  house  ot  the  prisoner.  Dr. 
Samuel  Mudd,  for  a  single  night  sini'e  she  lirst  toolc 
up  her  abode  with  him  until  she  came  to  Washing- 


TRIAL   OF   THE   ASSASSIXS  AT   WASHINGTON. 


^H, 


C') 


TRIAL   OF   THE   ASSASSINS   AT    WASHINGTOK 


99 


ton:  that  during  that  time  the  prisoner  had  been  ab- 
sent Ironi  home  on  three  separate  occasions;  first  at 
Mr.  Georse  Henry  Gardner's  party,  wliere  he  staid 
late  in  the  evening:  second,  at  Giesboro'.  where  he 
went  to  buy  some  horses:  and  third,  to  Washington, 
from  which  place  he  returned  ou  the  day  alter  his 
leaving  liome. 

Q.  Did  you  see  the  men  called  Harold  and  Booth?  A. 
I  saw  only  one  of  them,  the  small  one;  I  was  standing 
at  the  kitchen  window,  and  just  got  a  glimpse  of  him 
as  he  was  going  in  lUedirectiou  of  the  swamp. 

Q.  IIow  long  after  you  saw  him  did  you  see  Dr. 
JIudd?  A.  1  did  not  see  Dr.  Mudd  with  the  man;  Isaw 
Dr.  iludd  about  three  or  lour  minutes  afterwards  at 
theiront  door. 

A  photograph  of  Booth  was  here  exhibited  to  the 
witness,  but  sue  failed  to  identify  the  likeness  as  that  of 
an.vonoshe  liad  e%'erseen. 

During  a  brief  cross-examination,  conducted  b.v  As- 
sistant . I  udge  Advocate  Brmgham.  tbe  witness  testi- 
fied that  an  interval  of  about  a  week  or  two  took  place 
between  the  prisoner's  departure  from  home,  and  that 
bi.s  brother  occompanied  him  ou  these  occasions. 

Be«exaininatioii  of  Jeremiah  T.  Mucld. 

By  Mr.  Kwing.— Q,  Are  you  acquainted  with  the 
handwriting  of  the  accused,  Samuel  A.  Mudd'?  A.  Yes 
sir. 

Q.  State  whether  you  see  his  handwriting  on  that 
page  (exhibiting  to  witness  the  register  of  the  Pennsyl- 
vania Hotel  at  Washington,  on  the  page  headed  Fri- 
day, December  2!.  1SG4)?    A.  I  do. 

Q.  Do  you  know  at  what  hotel  in  Washington  the 
prisoner  was  in  the  habit  of  stopi)ing'/    A.  [  do  not. 

Q.  Are  you  acquainted  with  Daniel  G.  Thomas,  who 
hasbeeu  a  witnessior  theprosecution'?    A.  lam. 

Q.  Do  you  know  his  reputation  in  the  neighborhood 
in  whicli  he  lives  lor  truth  and  veracity?  A.  1  do;  it  is 
bad. 

Q.  From  your  knowledge  of  his  reputation  for  truth 
would  you  believe  him  under  oath?  A.  I  do  not  think 
1  could:  it  has  been  my  impression  that  — 

Judge  Bingham.— You  need  not  state  your  impres- 
sions. 

Mr.  Ewing— Proceed  with  your  answer. 

A.  1  havejust  Stated  that  I  did  not  think  I  could. 

Cross-examined  by  Assistant  Judge  Advocate  Bing- 
ham.—(J.  Do  you  base  his  general  reiiutatiun  upon 
your  personal  knowledge  and  acquaintance  with  him? 
A.  Yes  sir,  and  upon  what  I  generally  heard  spoken 
bv  others. 

Q.  What  do  you  say  that  you  general^'  heardspoken 
by  others  in  "regard  to  his  lepulatiou  for  truth?  A. 
'Xhat  it  was  pretty  bad. 

Q.  Uow  many  people  did  you  ever  hear  speak  of  his 
general  reputation  for  truth  before  the  takingof  this 
testimony  the  other  day?  A.  I  heard  several  speak 
of  it. 

Q.  How  many,  ten?  A.  I  think  so:  I  will  not  say 
positivelj-;  1  am  speaking  now  from  what  I  have  heard 
generally. 

Q.  Can  you  name  the  ten?    A.  I  really  do  not  know. 

Q.  Can  you  name  half  of  the  ten?  A.  I  think  I  can; 
I  migbt  name  a  dozen. 

Q.  Well,  who  are  they?  A.  I  might  name  Dr.  George 
Mudd  for  one. 

Q.  Wlien  did  you  hear  Dr.  George  Mudd  speak  ou 
the  subject?  1  heard  him  speak  of  it  as  late  as  two 
years  ago. 

Q.  What  did  he  say  of  the  general  character  of  the 
witness  lor  truth?  A.  That  it  was  bad;  that  he  did  not 
believe  his  general  character  for  truth  was  good. 

Q.  How  did  he  come  tosa.vthat?  A.  It  was  in  con- 
nection with  some  matters  that  occurred  about  the 
time  of  stationing  Colonel  Birney  down  there. 

Q.  You  did  not  understand  that  Thomas  was  op- 
posed to  Colonel  llirney?  A.  Not  at  all;  I  simply  men- 
tion that  as  being  abuut  thetime. 

Q.  State  all  thecircumstancesinthatconnection?  A. 
It  was  about  the  fact  of  Thomas  having  a  man  named 
Payne  arrested  there— lor  what  I  do  not  know;  the 
man  who  was  arrested  had  a  brother  in  the  Ilebel 
army,  and  some  of  his  brother's  friends  came  to  his 
house. 

Q.  Then  the  arrest  was  made  on  the  charge  of  en- 
tertaining Kebel  soldiers?  A.  Yes  sir;  X  presume  it 
was. 

Q.  Was  that  the  only  man  whom  you  overheard  as- 
sails this  man's  character  for  truth?  A.  1  believe  there 
were  others. 

Q.  Who  were  the  Others?  A.  I  do  not  know  that  I 
'can  name  them. 

Q.  If  you  cannot  name  two  men  who  ever  assailed 
his  character  for  trutn.  how  can  you  come  to  the  con- 
clusion that  his  general  rei>utatiou  for  truth  is  bad?  A. 
Weil,  I  heard  a  number  say  so. 

By  the  Court.— Q.  What  relation  are  you  to  the  pri- 
soner?   A.  My  fatlier  and  his  father  were  cousins. 

g.  Have  you  been  intimate  with  him?  A.  Mode- 
rately so ;  we  met  irequeutly,  as  I  live  in  his  neighbor- 
hood. 

By  Mr.  Stone.- Q.  Have  you  been  in  the  habit  of 
Bevving  on  thejuries  in  thecounty  where  you  live?  A. 
I  have,  frequently. 

Q.  State  whether  Mr.  Thomaa  has  not  frequently 


been  .1  witness  in  court  when  you  were  present?  A.I 
do  not  recollect  of  his  liaving'been  a  witness  in  court. 

By  Judge  Binfiham.— Q.  Have  you  heard  any  one 
assert  that  Mr.  Thomas  ever  swore  falsely  in  court? 
A.  No,  sir. 

Q.  Are  you  aware  of  the  fact  that  he  has  been  a  sup- 
porter of  the  Government  and  has  acted  as  an  otlicial 
lur  the  Government  since  the  Eebellion  broke  out?  A. 
Yes,  sir. 

Q.  A'-e  you  aware  of  another  fact,  that  a  verv  con- 
siderable portion  of  the  people  in  St.  Charles  county 
are  reputed  somewhat  disloyal  and  a  good  deal  favor- 
able to  this  liebellion?  A.  I  am  aware  that  several 
young  men  from  our  section  have  gone  into  the 
Kebel  army. 

Q.  Yes;  and  many  ot  those  left  behind  have  been 
making  a  good  deal  of  c  amor:  have  thev  not  acted 
against  the  Government, audiu  lavoroi  the  Rebellion? 
A.  >.'(  t  to  any  great  extent. 

Q.  That  is  the  general  report,  is  it  not?  A.  Well-  yes 
sir. 

Q.  Are  not  the  men  who  have  spoken  against  this 
man  Thomas  of  that  class  who  bear  the  general  repu- 
tation ofbeing  against  theGovernmeut?  A.  Ireallydo 
not  know. 

tj.  Have  you  any  knowledge  of  Rebels  being  fed  and 
concei'.led  in  that  neighboi  hood  by  tlieresideuts  there? 
A.  I  have  not;  I  have  seen  men  in  Brvantowu  passing 
and  repassing  who  I  was  told  were  Rebels:  as  to  their 
being  led  or  concealed  iu  my  immediale  neighborhood 
I  have  no  knowledge. 

By  Mr.  Kwiug.— U-  You  have  spoken  of  Dr.  George 
Mudd  as  one  of  the  ineu  who  said  that  he  regarded  the 
reputation  of  Thomas  fur  veracity  as  bad;  state 
whether  Dr  George  Mudd  is  a  Rebel"  sympathizer  or 
not.  A.  I  regard  him  !is  having  been,  throughout  this 
war,  as  strong  a  Union  man  as  anv  in  the  United 
States;  1  never  heard  him  express  the  "slightest  sympa- 
thy with  the  Rebellion. 

Q.  What  is  his  reputation  for  loyaltj'?  A.  I  think 
there  would  be  very  little  difficulty  in  establishing  the 
fact  of  its  being  very  good;  he  is  so  regarded  univer- 
sally. 

By  Judge  Bingham.— Q.  Did  you  ever  hear  Dr.  Geo. 
Mudd  say  anvthing  against  the  Rebellion?  A.  Very 
often. 

By  :J[r.  Stone.— Q.  Did  Mr.  Daniel  Thomas  hold  any 
position  under  the  Government?  A.  He  said  that  he 
was  a  detective. 

Q.  Do  you  know  such  to  be  the  fact  from  any  other 
source  than  himself  ?    A.  I  do  not. 

Q.  Under  whose  orders  did  he  claim  to  have  been 
acting?  A.  I  think  under  Colonel  Holland,  the  Pro- 
vost Marshal  of  our  district. 

Re-exaniiiiation  of  Benjamin  F.  Gwynn. 

By  Mr.  Ewing— Q.  State  whether  last  summer,  in 
company  with  Capta'm  Wliite,  from  Tennessee,  Cap- 
tain Perry,  lieutenant  Perry,  Andrew  Gwynn,  George 
Gwynn,  or  either  of  them,  j'ou  were  about  Dr.  Samuel 
A.  jNIudd's  houseforanumberof  days.  A.  Ineversaw 
any  of  these  partiesexcept  Andrew"Gwynn  and  George 
Gwynn, and  have  not  been  in  Dr.  Mudd  s  house  since 
about  the  1st  ot  November,  isfji,  nor  nearer  to  it  than 
the  church  since  tlieijth  of  November,  ISUl. 

U.  State  what  occurred  in  I8(il,  when  .yon  were  in  the 
neighborhood  of  Dr.  M  dd's  house.  A.  I  was  with 
my  brother,  Andrew  .1.  Gwynn,  and  Jerry  Dyer;  about 
that  time  General  Sickles  came  over  into  Maryland, 
arresting  everybody:  I  was  threateued  with  arrest, 
and  left  the  neighborhood  to  avoid  it;  I  went  down  to 
Charles  county  and  stayed  with  my  friends  there,  as 
everybody  else  was  doing;  there  was  a  good  deal  of 
running  around  about  that  time. 

Mr.  Kwing— Go  on  and  tell  all  about  it. 

Assistant  Judge  Advocate  Bingham  objected  to  the 
wituess  being  allowed  to  state  anything  further  on 
this  point,  as  it  was  not  in  issue  what  was  done  in  1861. 

Mr.  Ewing  said  the  prosecution  had  shown  by  four 
or  five  witnesses  that  a  party,  of  whom  the  witness  on 
thestaud  wasone,liad  been  collected  in  the  pine  woods 
in  the  neighborhood  of  Dr.  Mudd'shouse,  having  their 
meals  brought  to  them  by  his  servants:  and  had  also 
attempted  to  show  tliat  these  persons  were  in  the  Con- 
federate service,  and  that  Dr.  Mudd  was  guilty  of  trea- 
son in  attemiiting  to  secrete  tliem.  It  the  delense 
showed  that  this  was  not  done  last  year,  it  would  not 
be  a  complete  refutation  of  the  testimony,  because  it 
may  be  alleged  to  have  been  done  previously.  The 
deiense  wished  to  show  that  this  concealment  "was  the 
concealment  of  a  much  smaller  party  than  was  stated, 
and  of  men  who  were  net  in  the  Confederate  service, 
and  also  that  it  occurred  at  another  time  from  that 
stated.  To  deny  the  accused  this  opportunity  would  be 
to  withhold  a  most  legitimate  line  of  deiense,  and  to 
refuse  to  allow  him  to  refute  the  whole  mass  of  loose 
testimony  of  ignorant  servants  (ignorant  as  to  dates;, 
would  be  most  unjust. 

Judge  Bingham  contended  that  there  was  no  color 
of  excuse  for  the  attempt  to  introduce  testimony  in 
regard  to  the  year  1861.  The  reason  why  the  objection 
was  not  made  sooner  was  because  the  prosecution  had 
been  unable  to  iierccive  the  purpose  of  the  counsel  for 
the  defense  in  following  such  a  course.  It  was  proper 
for  thetn  to  swear  this  witness  as  to  his  whereabouts, 
so  as  to  contradict  the  testimony  of  Mary  Simms,  who 


'V,-, 


100 


TRIAL    OF   THE   ASSASSINS  AT   WASHIXGTOX. 


had  sworn  to  having  seen  him  last  summer.  To  go 
further  than  that  was  not  legitimate.  Il'this course 
was  persisted  in,  and  everv  witness  called  in  regard  to 
1861  was  to  swear  deliberately  and  maliciously  lalse, 
there  would  be  no  power  la  the  court  to  punish  them 
for  perjurv,  lor  the  simple  reiison  that  there  was  no 
Issue  beiofe  the  Court,  either  in  the  evidence  adduced 
orin  tbe  charges  and  specifications  which  wouldau- 
thorize  any  inquiry  about  it. 

The  objection  was  sustained. 

The  Commission  then  t  lok;  a  recess  until  2  o  clock, 
at  which  time  the  body  reassembled. 

Re-examination  of  Benjamin  F.  Gwynn. 
Continued. 

By  Mr.  Ewing.— Q.  State  where  the  party  of  whom 
you  have  spoken  as  being  in  the  lanes  got  iheir  meals 
and  slept.  A.  Thcv  slept  in  the  barn,  near  the  spring, 
onbeddingfuniishedlrom  Dr.  Jludd's,  and  were  fur- 
nished wiih  meals  by  Dr.  Mudd;  we  remained  there 
about  four  or  five  days. 

Q.  State  the  circumstances  of  your  bemg  there  and 
•what  occurred.  A.  As  I  said  before,!  went  down  there 
and  staved  around  the  neighborhood,  part  of  the  time 
at  Dr.  Jludds  house  and  part  of  the  time  elsewhere; 
he  gave  us  something  to  eat,  and  some  bed  clothing. 

Ci..Were  you  and  the  party  with  you  in  hia  house 
during  the  time  you  were  there  ?  A.  Yes  sir,  almost 
everv  dav.  I  think. 

Q.  "Where  were  your  horses  ?  A.  At  the  stable,  I 
think:  I  do  not  know  who  attended  to  them. 

Q.  Do  vou  know  whore  John  II.  Surratt  was  at  that 
time  ?    A.  I  think  he  was  at  college. 

Q.  Do  vou  know  whether  there  were  any  charges 
against  vou  and  the  part V  that  were  there?  A.  I  came 
up  to  M'ashiugtou  about  the  lirst  of  November,  and 
gave  mvseUup,  having  got  tired  ot  staying  away;  they 
adminis'tered  to  me  the  oath,  and  I  then  went  hoine;  I 
think  they  said  there  had  not  been  any  charges  against 
me. 

Q.  What  induced  the  party  to  go  to  the  pmes  to 
Sleep?    A.  To  avoid  arrest.  I  did. 

Q.  What  reason  had  you  for  supposing  you  would  be 
arrested?  A.  Almost  everybody  in  our  neighborhood 
was  beingarrested,  and  I  understood  I  would  be,  too; 
BO  I  went  down  there. 

Q.  Have  vou  seen  Surratt  in  Charles  county  since? 
A.  I  have  not;  I  wish  to  state  here  that  it  was  not  in 
November  I  slept  in  the  pines,  it  was  in  August. 

Q.  You  spoke  of  Andiew  J.  Gwj-nn  being  there  with 
you;  will  you  state  where  he  has  been  since?  A.  He 
has  been  South. 

Q.  What  relation  do  you  bear  to  him?  A.  He  is  my 
brother;  he  lives  in  Prince  George's  county, some  eight 
miles  from  my  house. 

Q.  Did  vou  hear  of  Andrew  .T.  Gwynn  being  in  that 
section  since  iSGi?  A.  I  heard  he  was  there  some  time 
during  last  winter.  I  think. 
Q.  What  time  in  1S61  did  he  go  South?  A.  In  August. 
Cross-examined  by  Judge  Advocate  Holt.— Q.  You 
spoke  of  the  universality  of  arrests  in  ISGl;  did  you 
understand  that  thev  were  conlined  to  persons  sus- 
pected of  disloyalty  and  disloyal  practices?  A.  They 
were,  generally;  there  were  several  volunteer  com- 
panies there  whose  members  were  arrested. 

Q.  Were  those  companies  organized  for  the  defense 
oftliernited  States.  A.  They  were  commissioned  by 
Governor  Hicks. 

Q.  On  what  grounds  did  you  suppose  you  would  be 
arrested?  A.  I  was  a  captain  of  a  company  down 
there. 

Q.  Organized  for  what  purpose?  A.  It  was  called  a 
homeguard,  and  was  raised  for  the  purpose  of  protect- 
ing the  neighbors;  at  that  time  there  was  a  good  deal  of 
disaffection  among  the  blacl^s;  it  was  thought  to  be  a 
proper  time  for  raising  companies  through  the  coun- 
try; I  therefore  petitioned  Governor  Hicks,  and  he 
gave  me  a  commission. 

Q.  Was  it  not  understood  they  were  organized  to 
Btand  bv  the  State  in  any  disloyal  position  she  might 
take  against  the  Government  of  the  United  States? 
A.  Yes  sir,  I  so  understood  it;  they  arrested  several 
members  of  my  company,  and,  as  I  understood  there 
was  a  warrant  lor  my  arrest,  I  left. 

Q.  You  slept  in  the  pines  for  the  sole  purpose  of  es- 
caping arrest?    A.  Yes  sir. 

Q.  Dr.  Jludd,  I  suppose,  concurred  fully  in  your  sen- 
timent and  the  scntimeuts  wliich  peivadi'd  the  local 
organizations?  A.  I  do  not  know  what  his  sentiments 
were  at  the  time. 

By  Mr.  Kwing.— Q.  When  was  this  company,  of 
which  you  were  captain,  organized?  A.  I  think  in  the 
fall  oflSjj  or  winter  of  IsG". 

Q.  Belore  or  alter  the  election  of  Mr.  Lincoln?  A.  I 
do  not  kuow;  I  think  wo  commenced  to  organize  our 
company  before  that,  but  were  not  fully  organized 
until  alter  that  time. 

Q.  How  fur  was  the  locality  of  this  organization  from 
Dr.  Jludd's  place?    A.  About  ten  miles. 

Q.  Do  you  know  whether  Dr.  Mudd  was  a  member  of 
any  of  those  volunteer  companies?  A.  I  think  he  was 
a  member  of  a  company  gotten  up  in  Bryantown. 

Q.  Are  you  sure  of  that?  A.  1  do  not  know  posi- 
tively ;  I  thiiLk  so. 


Testimony  of  Jerry  Dyer. 

Examined  by  Mr.  Ewing.— Q.  State  where  you  live. 
A.  I  live  in  Baltimore. 

Q.  State  where  you  lived  prior  to  that.  A.  In  Charles 
county. 

Q.  Do  you  know  the  prisoner,  Dr.  Samuel  A.  Mudd? 
A.  Yes  sir. 

Q.  How  far  from  the  house  of  Dr.  Mudd?  A.  About 
a  mile  and  a  half  in  a  direct  line. 

Q.  When  did  you  leave  your  residence  in  Charles 
county?    A.  In  May,  two  years  ago. 

Q.  State  how  long  boiore  you  went  to  Baltimore  you 
had  lived  in  Charles  county.    A.  I  was  raised  there. 

Q.  State  whether  you  knew  .Sylvester  Eglau.  who 
has  been  on  the  witness  stand.  A.  I  do  not  know  hiiu 
by  that  name;  he  was  called  El;  he  is  a  little  boy,  a 
servant  of  the  father  of  Dr.  Mudd. 

Q.  Do  you  know  his  brother  Frank?    A.  Yes. 

Q.  Do  you  kuow  Dick  Gardner  or  Luke  Gardner?  A. 
Kot  by  that  name;  I  kuew  Dick  and  Luke  Washington, 
who,  1  presume,  are  the  ones  you  mean. 

Q.  State  whether  in  August,  1%.3,  at  the  house  of  the 
accused,  Dr.  Mudd,  under  an  oak  tree,  when  you  was 
in  conversation  with  Walter  Bowie  and  the  accused, 
the  accused  said  he  would  send  Sylvester  Eglan  and 
his  brother  Frank,  and  others  of  his  servants,  to  Bich- 
mond.  A.  I  never  had  any  such  conversation  wuh 
him  in  my  life,  and  in  August  I  was  not  in  the  county; 
I  went  to  Baltimore  the  tlrst  day  of  August,  and  re- 
mained until  October,  when  hearing  that  some  of  my 
hands  had  left  the  farm,  I  went  down  to  see  about  c  ;r- 
ryurg  on  the  farm;  about  thirty  or  forty  hands  left  the 
neighborhood  about  that  time. 

Q.  And  j'ou  never,  at  that  or  any  other  time,  heard 
him  threaten  to  send  any  of  his  servants  to  Itichmond? 
A.  Never;  I  heard,  when  I  got  down  in  the  county, 
that  such  a  report  had  been  started  there  by  a  certain 
man  in  the  neighborhood;  I  never  heard  Dr.  Mudd  say 
anvsuch  thing. 

Q.  D;d  you  ever  meet  Dr.  Mudd  in  comnany  with 
Walter  Bowie?    A.  Not  that  I  know  of. 

Q.  Can  vou  say  that  you  never  met  Dr.  Mudd  in  com- 
pany with  Walter  Bowie  at  the  house  of  Dr.  Mudd's 
father?  A.  I  am  satisfied  X  never  did;  I  recollect  about 
two  years  ago,  in  the  fall  of  lS(i2  or  spring  of  isGo.  when 
some  one  rode  into  the  lane,  I  turned  and  asked  who 
that  was  coming;  he  s.iid:— "That  is  Walter  Bowie;  I 
wonder  w^hat  he  wants  here?"  and  turned  and  went 
into  the  house;  he  stayed  about  for  some  minutes,  and 
then  went  away;  I  don't  recollect  whether  Dr.  Mudd 
was  there  or  not;  my  impression  is  he  was  not. 

Q.  Do  you  know  Andrew  Gwynn?    A.  Very  well. 

Q.  Do  you  kuow  where  he  has  been  since  ISGl?  A. 
He  has  been  in  the  Rebel  army. 

Q.  Have  you  ever  seen  him  since  1S61?  A.  I  have 
not. 

Q.  Did  you  meet  him  with  Surratt  and  Dr.  Elanford 
at  the  house  of  Dr.  Mudd?  A.  Never;  I  never  saw 
Surratt  there  in  my  life;  the  only  time  I  saw  him  at  all 
was  coming  into  Bryantown  some  two  or  three  j-ears 
ago. 

Q.  Do  you  know  whether  or  not  any  of  Surratt's 
family  were  in  Bryantown  then?  A.  He  had  a  sister 
there  at  school. 

Q.  Did  you  last  vear  see  Surratt  drive  up  to  the  house 
of  Dr  Mudds  father,  and  take  his  horse  out  of  the 
buggy?    A.  I  did  not. 

Q.  Are  you  acquainted  with  the  witness  Miles  Simms? 
A.  Yes,  I  know  him;  he  used  to  live  with  Dr.  Mudd. 

Q.  Do  yon  know  Itachel  Sj)encer,  Elvina  Washing- 
ton, Elge  Eglan,  and  Mary  Simms  ?    A.  Yes. 

Q.  State  whether  any  of  them  were  servants  of  Dr. 
Mudd  in  18(51.  A.  I  think  they  all  were;  I  know  I 
bought  the  woman  Elvina  about  1S60  or  18GI. 

Q.  State  whether  you  were  at  Dr.  Mudds  house,  or 
in  the  neighborhood,  with  Ben  Grognn,  in  tiie  summer 
of  1S()1  ?    A.  I  was  in  September,  isiil. 

Q.  How  long  were  you  at  the  house?  A.  We  were  in 
the  neighborhood  about  a  week. 

Q.  What  were  you  doing?  A.  We  were  knocking 
about  in  the  bushes  and  pines;  there  was  a  report  that 
everybody  was  to  be  arrested;  they  were  arresting  a 
great  many  men  in  that  neigliborhood;  Mr.  Gwynn 
came  down  and  said  they  had  been  to  the  house  to  ar- 
rest us;  I  also  received  notice  that  I  was  to  be  i:rrested; 
I  came  to  Dr.  Mudd's  and  stayed  about  there,  sleeping 
in  the  pines  between  his  house  and  mine  several  uigbis; 
we  were  two  nights  very  near  his  spring. 

Q.  Where  did  you  get  your  bed  clothing?  A.  At  Dr. 
Mudd's  house. 

o.  Where  did  you  tret  your  meals?  A.  When  we 
were  near  his  house  Dr.  Mudd  broughMhe  meals  in; 
a  part  ot  the  time  we  were  on  the  opposite  side  of  the 
swamp;  while  we  were  on  this  side  we  wore  about  two 
hundred  yards  from  his  (Dr.  Jtudd's)  houss:  he  would 
sometimes  bring  down  a  basket,  with  bread,  meat, 
whisky,  <fcc.,  and  the  girl  (Mary  Semmes;  sometimes 
brougiit  colfee.  ,  „   ,  „     .    ., 

Q.  Who  took  care  of  the  horses  of  the  party?  A.  I 
believe  the  horses  were  lelt  at  Dr.  Mudd's  stable,  and 
suppose  the  boy  Milo  took  care  of  tuem;  he  was  about 
there. 

Q.  State  how  the  parties  were  dressed?  A.  They  had 
on  citizen's  clothes. 

Q.  Who  comijosed  the  party?  A.  Ben.  Gwynn,  An- 
drew Gwynn  and  nayselC 


TRIAL   OF   THE   ASSASSINS    AT   WASHINGTON". 


101 


Q.  Were  apples  and  peaches  ripe  about  that  time? 
A.  It  was  about  peacb  season. 

Ci.  Do  you  know  whether  a  watch  was  kept  at  Dr. 
Mudd's  house  when  you  were  theri^?  A.  I  i  ecoUect 
tellinfc  the  children  to  keep  a  loolcoutand  letnie  know. 

Q.  Do  you  know  wliether  Albion  lirookc  was  ahout 
the  house  at  that  time?  A.  I  ihink  he  was  not  living 
there,  but  he  olten  came  across  there. 

Q.  Do  you  know  wlielher  there  was  any  warrant  for 
your  arrest  on  any  diaries  asainsc  you?  A.  I  do  not; 
there  was  a  general  stainpedeof  people,  and  a  great 
excitenrent  in  that  wliole  community. 

ti.  Do  you  know  Daniel  S.  Thomas,  one  of  the  wit- 
nesses for  the  prosectition?  A.  I  have  known  I:im 
quite  intimately  since  he  was  a  boy;  I  have  seen  much 
of  him  lor  the  last  two  or  three  j'ears. 

Q.  Are  you  acquainted  with  the  reputation  in  which 
he  is  held  ui  tlie  community  in  which  he  lives  lor  vera- 
city? A.  1  only  know  irom  i^ublic  rumor;  there  are 
very  few  who  have  auy  contidence  in  him. 

CJ.  From  your  knowledge  of  his  reputation  for  vera- 
city would  you  believe  him  under  oath?  A.  I  would 
not. 

Q.  Are  you  acquainted  with  the  accused,  Dr.  Mudd? 
A.  Ye-;  1  have  known  him  from  a  boy. 

Q.  What  is  his  general  rei)utatiou  lor  order  and  good 
citizensbip.  A.  I  have  never  hoard  the  slighost  think 
against  him;  he  has  always  been  regarded  as  a  good 
citizen,  as  a  man  of  peace;  I  have  never  known  him 
have  any  difficulty,  but  have  always  regiirded  him  as 
a  peaceable,  quiet  citizen. 

Q.  What  is  his  reputation  as  a  master  over  his  ser- 
vants? A.  I  have  always  considered  hnn  a  very  kii:d, 
humane  master;  1  have  not  known  anything  to  the 
contrary,  with  the  single  exception  of  his  shooting 
that  boy. 

Cross-e.xamination  by  Judge  Holt.— Q.  You  say  you 
would  not  believe  Jlr.Thomas  under  oath;  have  you 
ever  heard  him  charged  witb  having  sworn  falsely  on 
any  occasion?    A.  1  do  not  know  as  I  have. 

Q.  He  is  rather  a  talking,  noisy  man  in  the  neighbor- 
hood, is  he?    A.  Yes. 

Q.  He  talks  a  great  deal  about  the  Union,  and  a 
great  deal  against  the  Itebellion,  don  t  he?  A.  I  be- 
lieve he  does. 

Q.  He  has  a  reputation  of  being  intensely  loyal  to  the 
Government,  has  he?  A.  I  think  he  has;  I  believe  he 
is  considered  loyal 

Q.  Have  you  been  loyal  during  the  Rebellion?  A.  I 
do  not  know  that  I  have  been  guilty  of  auy  act  against 
the  Government. 

Q.  1  speak  of  your  sentiments;  have  you  during  this 
Rebellion  desired  the  Government  to  succeed  in  putting 
it  down?    A.  I  never  wanted  two  Governments. 

Q.  The  question  is  a  direct  and  plain  one,  I  desire 
you  to  answer  ?  A.  I  can  only  answer  that  by  saying 
I  never  wanted  this  Government  broken  up;  I  would 
rather  have  seen  one  Government. 

Q.  Will  you  please  answer  the  question  directly;  yes 
or  no?  A.  I  hardlv  understand  your  question;  I  think 
I  have  desired  the  Government  to  succeed. 

Q.  You  say  you  have  committed  no  overt  act  of  dis- 
loyalty?   A.  :Not  that  I  am  aware  of. 

Q.  Have  you  ever  spoken  kindly  oFthe  Government 
and  encouragingly  to  your  loyal  neighbors  and  friends? 
A.  I  certainly  have;  I  have  endeavored  to  dissuade 
young  men  from  going  into  the  Southern  army. 

Q.  Were  yon  or  not  the  member  of  a  local  organiza- 
tion the  object  of  which  was  to  stand  by  tJie  btate  of 
Maryland  in  the  event  of  lier  taking  ground  against 
the  Government  of  the  United  States  A.I  belonged 
to  a  military  organization. 

Q.  You  state  that  you  were  at  Dr.  Mudd's  in  1861; 
did  you  not  suppose  at  that  time  that  this  organization 
of  which  j'ou  were  a  naember  was  regarded  as  disloyal 
to  the  Government?  A.  I  hardly  know  how  to  answer 
the  question;  circumstances  have  changed  so  since 
then;  at  that  time  everything  was  confusion  and  ex- 
citement, and  I  can  hardly  answer  the  question. 

Q.  Have  you  any  knowledge  ot  the  existence  of  a 
treasonable  organization  in  this  country  known  as 
'■the  Knights  ot  the  Golden  Circle"  or  "Sons  of  Li- 
berty?" A.  I  have  not  except  what  I  have  seen  in  the 
papers. 

Q.  At  the  time  when  you  were  a  member  of  this  or- 
ganization, in  the  summer  or  fall  of  isul,  was  not  the 
subject  of  the  Legislature  of  Maryland  passiug  an  ordi- 
nance ot  secession  discussed  among  you?  A.  Not  to 
my  knowledge;  I  may  have  heard  such  a  thing  spoken 
of,  but  I  do  not  know  that  it  was  discussed  to  auy  ex- 
tent. 

Q.  Can  you  mention  the  names  of  any  persons  who 
have  been  most  decided  in  expressing  the  opinion  j-ou 
have  stated  in  regard  to  Mr.  Thomas'  character  for 
truth?  A.  It  has  been  the  talk  of  almost  every  man  in 
that  whole  country. 

Q.  Have  you  ever  heard  of  a  man  of  known  loyalty 
(an  ardent  supporter  of  theGovernment)  speak  of  Mr 
Thomas  as  a  man  not  to  be  believed  under  oath?  A.  I 
do  not  know  as  I  have. 

By  the  Court.— Q.  Did  not  j'ou  rejoice  at  the  success 
of  the  Rebels  in  the  first  battle  of  Bull  liuu?  A.  I  do 
not  know  as  I  did  particularly. 

Q.  Did  you  generally?    A,    I  do  not  know  aa  I  did. 

Q.    Ou  which  side  were  your  sympathies  at  that 


time?  A.  I  suppose  with  the  Rebels  at  that  time:  I 
judge  so;  I  do  not  kn;'.\v. 

Q.  When  Richmond  w.as  taken  on  which  side  were 
your  sympathies?  A.  Witli  the  UnitLd  States  Govern- 
ment; I  wanted  them  to  lake  Richmond  and  the  war 
to  stop. 

(J.  What  liraedid  your  sympathies  undergo  a  change 
and  what  produced  ihat  change?  A.  1  do  not  know; 
the  only  tiling  I  objected  to  was  the  emancipation  or 
the  slaves;  tliat  I  thought  was  wrong. 

l!y  .fudge  Burnett.— Q.  How  about  the  draft?  A.  I 
joined  a  cluD. 

Q.  To  save  yourself  from  being  drafted?    A.  Yes. 

Q.  What  did  you  say  about  the  draft  being  enforced? 
A.  Not  a  word  that  I  know  of 

By  Mr.  Kwing.— Q.  Was.the  understanding  of  which 
you  have  spoken  as  to  the  character  of  tli'e  witness, 
Thomas,  for  truth  in  his  neighborhood  during  the  war 
orbcibre?  A.  I  spoke  of  hi lu  from  liis  reputation  for 
years  back;  live  orsix  years,  probably. 

Q.  Was  what  you  have  heard  based  on  an  estimate 
of  his  veracity  chielly  hel'ore  or  since  the  war?  A,  I  do 
not  know;  he  has  not  borne  a  very  good  reputation 
since  ho  was  a  hoy.  I  have  heard  him  spokt-n  of  as  a 
man  who  would  talk  a  great  deal  and  tcli  stories. 

By  Mr.  Stone.— Q.  Wuat  is  your  business  in  Balti- 
more? A.  I  am  doing  a  commission  business,  selling 
tobacco,  (fcc. 

Testimony  of  Blir.  "Wats.  T.  Bowman. 

By  Mr.  Stone.— Q.  Wliere  do  you  reside?  A.  Bryan- 
town,  Charles  county. 

Q.  Did  you  know  J.  Wilkes  Booth?  A.  I  did;  I  first 
saw  him, I  believe,  at  church,  in  Bryantowu;  iwastold 
tliat  his  name  was  i;ooth,  and  a  few  days  afterwards  I 
saw  him  again  at  Bryantown. 

U-  Do  you  know  what  was  ostensibly  his  visit  to  that 
part  of  the  country?  A.  Wliau  I  saw  hiin  again  at 
Bryantown  he  asked  me  if  1  knew  any  person  whohad 
land  to  sell;  I  told  him  I  liad  some  1  would  ilisposo  of: 
he  asked  where  it  was,  and  I  pointed  out  the  place;  he 
then  asked  nie  abciut  tlie  price,  and  I  told  lum  there 
were  two  tracts,  one  of  180  acres,  another  belonging  to 
the  estate,  and  told  him  the  price;  he  then  asked  me  if 
1  had  any  horses  to  sell;  I  said  I  had  several  horses  for 
sale;  he  said  he  would  come  down  and  look  at  them. 

Q.  Did  you  know  of  Dr.  Mudd's  land  biviig  for  .sale 
belore  you  came  down  there?  A.  I  heard  him  say  last 
summer  that  he  could  not  get  hands  to  work  his  farm, 
and  that  lie  believed  he  would  sell  and  go  into  the  mer- 
canrile  businessat  Benedict,  aplace  east  of  Bryantowu, 
on  the  Pawtuxent  River. 

Q.  Do  you  know  whether  prior  to  that  time  Dr.  Mudd 
wai  in  a  treaty  with  any  other  one  about  the  sale  of  his 
land?    A.  i  think  he  was. 

U.  Do  yon  know  whether  Booth  inquired  of  any  one 
else  about  land  in  that  neighborhood?    A.  I  do  not. 

Q,  What  is  the  distance  from  Bryantown  to  the 
Pawtuxent  River  at  the  nearest  point?  A.  .-i bout  ten 
miles. 

Q.  What  is  the  distance  from  Bryantowu  to  the  nearest 
point  on  the  Potomac?  A.  I  tniiik  Mattliias  Point  is 
the  nearest  crossing,  about  live  miles  distant. 

tj.  How  far  does  Dr.  Mudd  live  from  the  Pawtuxent 
line?    A.  About  eightorninemiles. 
Testimony  of  CJcorge    BooJes   (ColoretJ.) 

Q.  Where  do  you  live?    A.  With  Dr.  Samuel  Mudd. 

Q.  At  which  of  his  places?  A.  At  the  place  near 
Bryantown. 

Q.  How  far  is  that  place  from  John  McPhe.  son's? 
A.  About  half  a  mile. 

Q.  State  whether  you  saw  the  doctor  on  E.aster  Sa- 
turday evening.    A.  Y''es  sir. 

Q.  Where?  A.  Just  below  my  house,  coming  from 
Bryantown. 

U:  Does  the  main  road  from  Bryantown  to  the 
swamp  lead  by  your  house?    A.  Yes  sir, 

Q.  To  go  to  Bryantown  from  Mudd's  you  can  either 
go  up  the  swamp  or  by  your  place?  A.  You  can  go 
the  plantation  patli  or  the  road,  either  one. 

Q.  liid  Dr.  Mudd,  coming  from  Bryantown,  pass 
through  your  place?    A.  Yes  sir. 

Ci.  Was  there  any  one  with  him?  A.  No  sir;  no 
one. 

Q.  Are  there  any  woods  between  you  and  McPher- 
sons?    A.  Gnly  a  few  bushes  and  briars  in  the  swamp. 

Q.  Where  had  yon  been  that  evening?  A.  On  the 
swamp,  with  my  hogs;  as  I  came,  I  met  Dr.  Mudd 
coming  from  Bryantown  ;  he  kept  on  with  his  business 
and  I  kept  ou  with  mine;  it  was  between  three  and 
four  o'clock. 

Q.  Did  you  see  no  one  pass  up  either  road?  A.  No 
sir. 

Q.  Is  there  any  road  that  turns  out  between  your 
house  and  JlcPherson's?  A.  No,  only  the  i.ath  that 
goes  to  McPherson's  liouse. 

Q.  Did  you  see  anybody  on  horseback  or  standing 
there?    A.  No  sir. 

Q.  Did  you  go  near  enough  to  see  them  If  there  had 
been  any  one?  A.  Yes,  I  should  have  seeu  them,  as  I 
passed  across  the  main  road. 

Q.  Did  J'OU  pass  quite  near  the  little  swamp?  A.  Yes 
sir. 

Q.  How  was  the  Doctor  riding?  A.  At  his  usual 
gait. 


102 


TRIAL   OF   THE    ASSASSINS   AT   WASHINGTOX. 


O  Was  that  Dr.  Mudd's  usual  route  when  he  went  to 
EryantowuV    A.  Yes;  he  always  passed  through  that 

Q.  'you  are  attending  to  that  place  for  old  Dr.  Mudd, 
arevounot?    A.  Yes  sir.         ,,        .  .  ,  ,      » 

Q.  Did  Dr.  Mudd  stop?  A.  Y'essir;  and  he  spoke  to 
me-  he  asked  me  where  I  liad  lieen,  and  I  told  uim. 

Cross-examinatiou.— Q.  Y'ou  tuld  him  you  had  bten 
in  the  swamp?    A.  Yes  sir.  ^   ^     ^»,      „ 

Q.  Did  he  ask  you  if  you  had  seen  anybody  there? 
A.  Ko  sir.  _     .     . ,_     i 

Q.  How  far  waa  he  from  Bryantown?   A.  About  one 

Q.  What  sort  of  a  horse  was  he  riding?  A.  The  bay 
fiUey. 

Q.  Is  it  his  horse?    A.  Yes  sir. 

Q.  Had  vou  seen  it  ocfore?  A.  Y'es  sir:  I  knew  it  well. 

Q.  This  was  on  the  byroad?    A.  Vessir. 

Q.  Did  he  say  anything  about  Bryantown  at  all?  A. 
Not  one  word  sir.  „    .    ^^      • 

Q.  You  could  not  see  all  over  the  swamp?  A.  rvo  sir. 

Q.  Amau  niiglithavebeon  there  ofl' his  horse  aud 
you  not  see  him  at  all.    A.  Y'essir. 

TestijMOiiy  of  Mary  Jane  Sewimes. 

Q.  Where  did  you  reside  last  year?  A.  With  Dr. 
Samuel  Mudd.  ,  ,    ,  „     .    ^ 

a.  Did  yuu  reside  there  the  whole  year?  A.  Yes, 
except  when  1  went  visiting  at  my  sister's;  I  never 
stayed  over  two  or  three  weeks  at  a  time. 

Q.  Do  you  know  Captain  B.  Gwynn?  A.  I  have  a 
slight  acciuaintanco  with  him.  »   .    „ 

Q.  Do  you  know  him  when  you  see  him  ?  A.  Y  es  sir. 

Q.  Do  you  know  Andrew  Gwynu  aud  Geo.  Gywun  ? 
A.    Y"^s  sir 

Q.  Do  you  know  John  Surratt  ?  A.  Y'es  sir;  I  have 
seen  him  once. 

Q.  Were  anv  of  the  narties  whom  I  have  mentioned 
at  Dr.  Mudd's'last  iear ?  A.  I  never  saw  them. 

Q.  None  of  them?  A.   Notone. 

Q.  Do  you  know  of  anyone  staying  in  the  woods  and 
being  led  from  the  house?  A.  There  never  was  anyone 
there  that  I  ever  htard  of.  . 

Q.  What  time  of  year  wasit  that  you  paid  these  visits 
to  your  sister?  A.  In  March  last;  March  twelve  months 
I  staid  three  c^r  Ion r  weeks. 

Q.  You  were  at  Dr.  Mudd's  during  the  spring  season 
and  fall?  A.  Y'essir. 

Testimony  of  A.  S.  Howell. 

Q.  Of  what  State  are  you  a  resident?  A.  Of  Virginia; 
I  was  formerly  of  Maryland. 

Q.  Are  you  acquainted  with  Mrs,  Surratt?  A.  Y  es 
sir. 

Q.  When  did  you  first  make  her  acquaintance?  A. 
About  a  year  and  a  half  ago  sir. 

Q.  State  tn  the  Court  if  you  were  present  with  Mrs. 
Surratt  and  her  father  at  Surrattsville?    A.  Ko  sir. 

Q.  Did  she.  at  any  time  that  evening,  hand  you  a 
newspaper  to  read  for  her?    A.  Yes  sir,  I  think  she 

Q.  Did  vou  learn  the  fact  at  that  time  that  she  could 
not  read  by  candle  light?    A.  Js'o  sir,  I  think  not. 

Q.  But  she  did  hand  you  the  paper  to  read  lor  her? 
A.    Yc'S  sir. 

Q.  Haveyou been  to  her  house  in  this  city?   A.  Y'es 

Q.  At  what  date?    A.  On  the  20th  of  February. 

Q.  What  time  did  you  go  there;  was  it  in  the  day  or 
evening?    A.  After  dark;  possibly  about  eight  o'clock. 

Q.  Was  the  gas  lit  in  the  hall?    A.  Yes  sir. 

Q.  Was  Mrs.  Surratt  able  to  recognize  you  then?  A. 
Not  till  I  made  mj-seli  known  to  her. 

Q.  How  many  times  did  you  speak  to  her  before  she 
recosnized  vou?    A.  I  don't  remember  exactly. 

Q."^Did  you  tell  her  wlio  you  were?    A.  Yes  sir. 

Q.  Are  you  acquainted  with  Lewis  Weichman?  A. 
^P'gs  sir 

Q.  How  long  did  you  remain  at  Mrs.  Surratt's?  A.  I 
was  there  two  days.  . 

Q.  What  was  vour  object  in  going  there?  A.  On  a 
visit  as  much  "as  anything  else,  I  had  no  business 
therein  particular.  .  .    .   ,„ 

Q.  What  was  your  reason  for  not  going  to  a  hotel? 
A.  I  knew  them,  and  thought  I  would  spend  the  time 
better  there  than  at  a  hotel.  . 

Q.  Were  you  short  of  money  at  that  time?  A.  Yes 
sir. 

Q.  Had  vou  sufficient  means  to  pay  your  expenses  at 
a  hotel?    A.  I  dout  think  I  had.  sir.  „-  .  , 

Q.  After  vou  made  the  acquaintance  of  Mr.  \\  eich- 
maudid  vou  show  him  any  cipher?  A.  I  showed  him 
bow  tomakeone. then  he  matle  it  himself. 

Q.  Was  it  simple  orcomijlicated?  A.  I  could  tell  the 
Cipher  if  I  :-aw  it.  .-    „. 

Assistant  Judge  Advocate  Bingham  then  said— Show 
him  the  ciiiher  on  the  record.  It  is  number  three  or 
four. 

Q.  Was  it  like  that  or  similar  to  it?  A.  It  was  like 
this  but  this  is  not  the  one.  I  think. 

Q.  Did  Weichman  give  you  any  information  with  re- 
gard to  tlieprisonerswe  at  that  time  had  on  hand? 

Objected  to  and  the  question  waived. 

Q.  Did  youhaveany  communication  with  Mr.  Weich- 
man with  regard  to  his  going  South?  A.  Y&s  sir.  I  had. 
Q.  State  what  it  was  and  what  he  said?  A  He  said 
he  would  like  to  go  South. 


Q.  What  reason  did  be  srive  for  wishing  to  go  South? 
A.  He  d.d  nut  siveany  paiucniar  reason. 

Q.  Did  he  say  anyihiiig  ill  connection  with  his  going 
South  about  h"s  sympathies? 

Objected  to  and  tbequestion  was  withdrawn. 

Q.Didyou  have  any  conversation  will  Weichman 
with  regard  to  setting  him  a  place  in  Kiclimond?  A. 
He  asked  if  I  thought  he  could  get  a  place  there  as 
clerk;  I  told  liim  it  was  doubtiul,  because  the  wounded 
soldiers  had  the  preference  there,  by  order  of  the  War 
Department. 

Q.  state  whether  he  stated  to  you  what  his  sympa- 
thies were.  (Objected  to,  but  the  objection  was  w  iih- 
drawn).  A.  We  were  talkins  mailers  over,  and  lie 
said  that  he  intended  to  bo  Sooth  and  w.aitetl  tof;o 
with  me,  aud  I  said  if  that  was  the  case  he  had  belter 
go  then,  as  I  didn't  know  when  Ishouldcr.  ss  theriver 
again;  he  said  he  was  not  ready  to  go  just  then:  lu>  told 
me  his  sympathies  were  with  the  .Sc.utlj;aud  that  the 
South,  he  thought,  would  ultimately  succeed. 

Q.  Did  he  say  that  he  had  done  all  he  could  do  for 
the  Suiitbern  Government?    A.  I  believe  he  did. 

Q.  Did  he  say  he  was  always  a  friend  to  the  South? 
A.  He  did. 

Assistant  Judge  Advocate  Bingham  stated  that  he 
objected  to  all  this.  He  might  be  overruled,  but  in  th.s 
Court  or  outride  of  it  he  would  object  to  any  such  pro- 
ceeilings,  andstated  that  in  his  opinion  it  was  a  mere 
burlesque  on  justice. 

The  Commission  sustained  the  opinion  of  the  Assist- 
ant Judge  Advocate. 

Q.  While  at  Mrs.  Surratt's  did  you  learn  of  any  trea- 
sonable plot  or  enteprise  in  existence?  A.  Ididnotsir. 

Q.  Did  Surratt  ever  give  a  despatch,  verbal  or  writ- 
ten, to  take  to  Kichmond?    A.  Kosir. 

Q.  Did  Weichman  give  you  a  full  return  of  the  num- 
ber of  prisoners?  A.  Y'es  sir:  he  stated  to  me  tlie  num- 
ber that  the  United  States  Government  h  id.  and  tue 
number  they  had  over  what  the  Couiederate  Govern- 
ment had;  i  doubted  it,  but  he  said  he  had  the  books 
in  his  own  office  to  look  at. 

Cross-examination.— Q.  Where  do  you  reside?  A.  In 
King  George's  county,  Virginia.  „     .     ., 

Q.  How  long  have  you  resided  there?  A.  About  two 
vears  offandou.  ,      .    t,   . 

"  Q.  Where  did  you  reside  in  Maryland?  A.  Be. ore  the 
war  in  Prince  George's  county. 

Q.  Does  your  family  reside  here  ?    A.  li  es  sir. 

Q.  When  did  you  Hrst  make  the  acquaintance  of 
Mrs.  Surralt,  and  her  family  ?    A.  A  year  and  a  half 

ti'  Where  ?   A.  Down  in  the  country,  at  their  hotel. 
Q.  Was  she  living  there  then  ?    A.  Y'es  sir. 
Q.  You  know  John  Surratt  ?   A.  Y'es  sir. 
U.  Did  he  accompany  you  to  Kichmond  ?    A.  IS  ever 

sir 

Q.  What  has  been  your  occupation  for  the  last  year 
and  a  halt?  (This  question  was  objected  to.  and  the 
objectiou  was  overruled).  A.  I  have  had  no  particular 
occupat  ion  since  I've  been  out  of  the  army. 

Q.  Whatarmv?    A.  The  Conlederate  army. 

O.  ^Vllat  portion  of  thearmy  did  you  serve  in?  A. 
In  the  First  Maryland  Artillery  till  July,  1SC2;  I  tbSu 
left  the  service.  ^  „     .    -,  .,.     , 

Q.  Were  you  mustered  out  ?  A.  I  was  dischargea 
on  account  Dldisabilllv.  „     .     ^, 

Q.  Whathaveyou  beendoingsmcethat  ?  A.  I  have 
not  been  employed  in  any  particular  business. 

Q.  Whathaveyou  been  doing?    A.  Nothing. 

Q.  Haven't  you  been  making  trips  to  Eichmond?  A. 
I've  been  there  sir. 

Q.  How  frequently  ?  A.  Some  time  once  in  two  or 
three  montlis;  I've  been  there  twice  since  the  tirst  of 
April,  twelve  months  ago.  „.    .    -r    -r^ 

U.  Andtliosetwo  times  were  when?  A.  In  Decem- 
ber last  and  in  February.  ^     „      .     rr.,  ■   »,» 

Q.  Did  you  go  alone  in  December?  A.  There  might 
have  bi'eu  some  gentlemen  with  me.  ,     ,  „ 

Q.  Where-did  you  cross  the  line  of  the  blockade?  A. 
IiAVestmoreland  county. 

Q.  Well,  in  February,  who  accompanied  you?  A. 
Half  a  dozen  persons. 

Q.  Who  were  they?  A.  Persons  from  the  neighbor- 
hood. .     .    .»T 

Q.  Any  from  Wa.shington?    A.  No,  sir.  ^     .     . 

Q  What  w.is  vour  business  there  in  December?  A. 
No  more  than  to  see  mv  friends,  and  buy  some  drafts. 

Q.  Did  vou  buy  any  drafts?    A.  I  think  I  did. 

Q.  Di  alts  on  whom?  ^,     ^ 

[The  witness  here  objected  to  answer  that  question, 
on  the  ground  that  lie  did  not  wish  to  criminate  others.J 

Q    Were  thev  persons  in  Washington?    A.  No,  sir. 

Q.'  Wlio  were  they  drawn  on?  A.  On  some  of  my 
friends  in  Maryland.  ,»     .    .r     -r,  ■         ^ 

Q.  What  part  of  Maryland?    A.  In  Prince  George  s 

*^°Q."  Were  any  of  those  drafts  drawn  on  any  of  the  ac- 
cused?   A.  No,  sir.  „     .    ,,        • 
Q.  That  was  in  December?    A.  Yes  sir 
Q.  What  was  your  business  there  in  lebruary?    A. 
To  see  my  friends.  .,»...,  .        _ 
Q.  Did  you  carry  any  despatch?  A.  No;  never  in  my 

life 
q'.  Did  you  take  any  notes,  or  bring  any  back?    A. 

^  Q."  Did  you  bring  back  any  drafts?   A.  Yes  sir. 


TRIAL   OF   THE   ASSASSINS    AT   WASHINGTON. 


103 


Q.  From  whom?  A.  From  friends  of  mine  iu  the 
army. 

Q.  How  far  rtid  you  carry  despatches?  A.  I  never 
carried  any. 

CJ.  You  are  acquainted  witli  the  Surratts?  A.  Yes 
sir. 

Q.  How  often  have  you  visited  them;  how  often  did 
you  go  to  Richmond  after  you  became  acquainted 
with  them?    A.  About  half  a  dozen  times. 

Q.  You  say  Weichman  asked  you  to  get  him  a  place 
in  Kichmoiid?  A.  He  didn't  aslc  me  to  get  him  a 
piace,  he  aslied  me  if  I  thought  tliat  he  could  get  a 
place. 

Q.  How  did  you  come  to  talk  about  things  in  Rich- 
mond? A.  Isuiipose  he  understood  X  was  there  from 
my  conversation. 

Q.  Where  was  this?    A.  In  his  room. 

Q.  At  Mrs..!Sur'-att's?    A.  Yes  sir. 

Q.  Was  there  any  other  person  present?    A.  No  sir. 

Q.  Did  you  over  talk  with  Sm-ratt  about  being  at 
Eichmond?    A.  I  might. 

Q.  Did  you  or  did  you  not?  A.  I  disremember;  I  can't 
say  positively. 

Q.  Weichman  knew  you  had  been  there?  A.  Yes 
sir. 

Q.  I  would  ask  you  whether  this  has  not  been  your 
business  for  the  last  year  and  a  half?    A.  No  sir. 

Q.  Have  you  any  other  occupation;  do  you  do  any- 
thing else  for  a  support?  A.  Whj-,  I've  been  speculat- 
ing a  little  in  Virginia. 

U.  Where?    A.  In  King  Georges  county. 

Q.  Were  you  not  known  by  your  frieuds  as  a  block- 
ade runner?    A.  I  don't  know. 

Q.  What  name  did  you  go  by  besides  the  name  you 
have  given  here?  A.  They  sometimes  called  me 
Spencer. 

Q.  Well,  is  that  your  name?  A.  My  name  is  A.  S. 
Howell. 

Q.  What  is  the  S.  for?    A.  Spencer. 

Q.  Whydid  you  not  give  it  when  asked  for  it  under 
oath?  A.  Well.  I  wasn't  particular;  I  thought  A.  S. 
Howell  was  enough. 

Q.  Is  Spencer  your  name?  A.  It  is  one  of  my  names; 
some  of  my  friends  call  me  Spencer. 

Q,  Was  it  given  you  in  your  mfancy?  A.  I  don't 
know. 

Q.  Give  to  the  Court  your  full  name.  A.  A.  m 
Howell. 

Q.  Is  that  your  full  name,  or  only  the  initials  of  your 
name?  What  is  your  name  in  full?  A.  I  seldom  use 
"S"  in  my  name:  my  nroper  name  is  A.  S.  Howell. 

Q.  Whenrunuing  the  blockade,  what  name  did  you 
goby?    A.  By  the  name  of  Howell. 

Q,.  When  were  you  arrested?    A.  In  March. 

Q.  How  recently  had  you  then  come  from  Bich- 
moud?  A.  I  had  not  been  iu  Eichmond  for  three 
weeks. 

Q.  That  was  in  March?   A.  Yes  sir. 

Q.  Do  you  remember  the  time  iu  March?  A.  I  think 
it  was  about  the  20th  or  21st. 

Q.  When  you  went  to  Richmond,  in  February,  do 
you  remember  who  accompanied  you?  A.  I  remem- 
ber one  man  by  the  name  of  Howe. 

Q.  Did  any  person  from  this  city  accompany  you? 
A.  No  sir. 

Q.  Any  from  Maryland?  A.  No  sir;  they  were  all 
from  Virginia. 

U.  This  cipher,  where  did  you  get  it?  A.  I've  been 
acquainted  witli  it  some  seven  years. 

Q.  Where  did  you  learn  it?  A.  In  a  magician's  book. 

Q.  What  did  you  use  it  for?    A.  I  had  no  use  for  it. 

Q,  What  did  you  carry  it  for?  A.  I  did  not  carry  it; 
I  could  make  it  in  twenl.y  minutes. 

Q.  Did  you  ever  teach  it  to  .iohu  Surratt?    A.  No  sir. 

Q.  Did  vou  ever  meet,  at  Surratt's  house,  Mrs.  Sla- 
der?  A.  I  never  met  her  at  Surratt's  house;  I  met  her 
here  in  Washington. 

Q.  When?    A.  In  February. 

Q.  About  what  date?    A.  The  20th  or  22d. 

Q.  Did  you  have  any  conversation  with  her?  A. 
Yes  sir. 

Q.  Did  she  accompany  you  to  Eichmond?  A.  Partly. 

Q.  Did  she  ever  come  back  with  you?  A.  I  met  her 
accidentally  iu  Westmoreland  county. 

Q.  Do  you  knowtheobjectofher  visit  to  the  Confe- 
deracy? A.  No  sir;  I  saw  her  first  iu  Westmoreland 
county.  Va. 

Q.  When  was  that?   A.  In  February  last. 

Q.  Did  you  meet  her  at  Surratt's  house?  A-  Not  till 
aftei  I  had  met  with  her  on  the  Potomac. 

Q.  When  did  you  see  her  on  the  Potomac?  A.  About 
the  first  of  Februarv. 

Q.  Did  you  come  here  together?   A.  No  sir. 

Q.  Where  did  she  go  to?  A.  New  York  city. 

Q.  Did  you  accompany  her  any  distance?  A.  Only 
across  the  river. 

Q.  You  met  her  again  at  Mrs.  Surratt's  house  ?  A. 
Yes  sir. 

Q.  Did  she  go  in?   A.  No  sir;  she  stayed  in  the  buggy. 

Q.  Who  was  with  her?    A.  A  young  man. 

Q.  Who  was  lie?    A.  John  Surratt. 

Q.  Did  she  afterwards  come  to  the  house?  A.  No 
Sir. 

Q.  How  long  did  youstay  at  Surratt's?  A.  Two  days 
or  two  days  and  a  half. 

Q.  Did  you  have  any  conversation  atwut  your  Eich- 


mond trip?  A.  Not  particularly  as  I  know  of;  I  hnd  a 
talk  with  Weichman,  and  told  them  I  had  baeu  to 
Richmond,  l)ut  tliey  already  had  heard  it. 

U.  Theyknew  you  had  been  in  Richmond?  A.  They 
knew  I  was  from  Richmond  sometime  previous. 

Q.  Did  you  have  any  conversation  with  Mrs.  Surratt 
about  tiie  matter?    A.  I  don't  know  sir. 

Q.  Did  yon  meet  Mrs.  Slader  in  Eichmond?  A.  Yes 
sir. 

Q.  When?    A.  Dast  February. 

Q.  After  which  she  was  with  John  H.  Surratt?  A. 
Yes  sir. 

CJ  She  went  disectly  with  Surratt?  A.  I  don't  know 
sir. 

Q.  You  don't  know  whethershe  was  with  him  on  the 
23d  of  March?    A.  No  sir. 

Q.  Do  you  know  what  her  business  was  in  Eich- 
mond?   A.  No  sir;  I  didn't  inquire. 

Q.  You  only  know  that  soon  after  you  saw  her  at 
Mrs.  Surratt's,  you  saw  her  at  Iticlimond?    A.  . 

Q.  What  otiier  of  your  friends  did  you  meet  at  Mrs. 
Surratt's?    A.  I  don't  know  that  I  metany. 

Q.  Did  you  meet  Atzeroth  there?  A.  I  think  Atzeroth 
was  there. 

Q.  Do  you  know  whom  he  came  to  see?  A.  I  do  not 
sir. 

Q.  Did  you  see  this  man  Wood  or  Payne  there?  A. 
No  sir. 

Q.  How  many  of  the  prisoners  have  you  seen  there? 
A.  I  think  I  have  seen  two. 

Q.  What  two?    A.  Atzeroth  and  Dr.  MudJ. 

Q.  Where  did  you  see  Dr.  Muild?    A.  AtBryantown. 

Q.  Tell  us  where  your  acquaintani  e  first  commenced 
with  Dr.  Mudd?  A.  I  have  known  him  a  long  while, 
but  I  have  not  latelj'  seen  him. 

Q.  Did  you  bring  any  drafts  on  him?    A.  No  sir. 

Q.  Or  messages  to  him?    A.  No  sir. 

Q.  Were  you  ever  at  his  house?    A.  Y'es  sir. 

Q.  When?    A.  Over  a  year  ago. 

Q.  When  coming  irom  or  going  to  Richmond?  A.  I 
was  not  coming  from  Eichmond,  and  had  not  been 
there. 

Q.  How  soon  after  did  you  go?    I  don't  know. 

Q.  How  long  did  you  stay  with  Dr.  Mudd?  A. 
Only  an  hour  or  two. 

Q."  Did  you  take  dinner  with  him?    A.  No  sir. 

Q.  Now  who  was  it  that  drew  these  drafts,  and  npon 
whom  were  they  drawn,  and  what  was  their,  amount? 
A.  I  bought  one  Irom  Mrs.  Mary  Surratt  ou  her 
brother. 

Q.  To  what  amount?   A.  Two  hundred  dollars. 

Q.  Who  else?    A.  I  bought  one  from  a  young  man. 

Q.  On  whom?    A.  On  his  mother. 

Q.  Of  how  much?    A.  T wen ty-tive  dollars. 

Q.  State  what  drafts  you  received  that  you  collected? 
A.  Noueof  any  amount,  except  one  on  a  man  named 
Janner,  which  I  got  money  ou  to  pay  those  parties  for 
the  drafts. 

Q.  Do  you  recollect  what  you  paid  for  the  two  hun- 
dred dollar  dratts?  A.  I  think  I  paid  eight  hundred 
dollars  in  Confederate  money  for  oue  hundred. 

Q.  Wh^dralts  did  you  bring  to  this  city?  A.  I  never 
brouglit  fly. 

Q.  What  drafts  did  you  bring  to  Baltimore?  A.  None 
sir. 

Q.  'What  drafts  to  St.  Charles  county?  A.  I  never 
brought  an}'. 

Q.  Have  you  any  of  those  drafts  here?  A.  I  have 
none  with  me. 

Q.  What  did  you  do  with  them?  A.  I  left  them  down 
in  the  country. 

Q.  Where?  A.  At  my  sister's. 

Q.  What  is  her  name?   A.  Mrs.  Langley. 

Q.  And  she  has  all  with  her  that  are  uncoUected? 
A.  I  think  so. 

Q.  Have  you  ever  taken  the  oath  of  allegiance  to  the 
United  States  Government?    A.  No  sir.  I  never  have. 

By  Mr.  Ewing.— Q.  I  wish  to  ask  you  whether  j-ou 
ever  saw  Dr.  Mudd  about  Bryantown?  A.  Yes  sir,  I 
have  been  about  Brj-antown  a  good  deal  before  the 
war;  was  raised  in  the  county. 

Q.  You  have  seen  Mudd  there  before  the  war?  A. 
Oh,  yes  sir. 

Q.  Were  yon  ever  at  Mudd's  house  at  any  other 
time  since  the  war?    A.  I  don't  think  I  have  been  sir. 

By  Colonel  Burnett.— Q.  You  say  this  conversation 
took  place  up  stairs,  between  j-ou  and  Weichman,  and 
in  his  room?    A.  Y'es  sir,  a  portion  of  it. 

Q.  Was  any  other  person  present?  A.  I  don't  think 
there  was. 

Q.  How  come  you  to  remember  that  conversation 
and  not  be  able  to  remember  the  conversation  with 
Mrs.  .Surratt,  or  anybody  else  in  the  house?  A.  Well 
sir,  it  just  came  to  my  mind  by  the  question  being  so 
pointed. 

Q.  Did  you  know  that  he  belonged  to  any  company 
for  the  defense  of  Washington,  and  that  he  had  a 
quarrel  with  one  of  the  family  on  account  of  his  TJuiou 
sentiments?    A.  I  never  heard  a  word  about  it,  sir. 

Q.  You  didn't  know  that  oue  of  the  ladies  struck  him 
in  the  quarrel,  because  he  wore  blue  soldiers'  pants? 
A.  No  sir,  I  never  saw  him  wear  blue  soldiers'  pants. 

Q.  Don't  you  know  that  he  was  turning  you  over  to 
pick  out  of  you  about  your  visits  to  Eichmond?  Don't 
you  know  he  tried  to  fand  out  what  your  objects  were? 
A.  If  he  did  he  didn't  succeed  (Laughter). 


104 


TRIAL   OF   THE    ASSASSINS   AT   WASniXGTON". 


Q.  I  rather  think  he  did;  didn't  you  know  he  be- 
loiige'l  lu  11  iniiitarj' corupany  here  lor  the  defeui-e  o; 
Washington?    A.  No  sir. 

Bv  Mr.  Aiken.— (J.  Did  Weichnaan.  in  that  conversa- 
tion, or  not,  state  tliat  lie  liad  done  all  he  could  lor  the 
Soutli?  A.  Vessir;  but  I  can't  recollect  the  exact 
words. 

The  Court  here  adjourned  to  ten  o'clock  on  ilouday 
morning. 

WASHiKGTO>f,  May  29.— After  the  reading  of  the 
previous  day's  record  Mr.  Clampitt,t)n  behalf  of  the 
counsel  for  Mrs.  Surratt,  read  a  paper  as  follows:— 

Mary  E.  Surratt,  one  of  the  accused,  in  asking  for 
he  recall  of  Henry  Von  Steinaker,  a  witness  for  the 
prosecution,  through  her  counsel,  that  in  regard 
to  the  said  Steinaker  she  proposes  to  prove  that, 
shortl.v  after  the  breaking  out  of  the  war, 
he  was  a  member  of  General  Blenker's 
Staff,  serving  In  the  capacity  of  a  topograp'aical 
engineer  olBcer:  that  while  under  sentence  of  death  at 
or  near  Cumberland,  for  attempting  to  desert  to  the 
eoemv,  that  on  or  about  the  month  of  May,  1862,  he 
made"a  second  aitempt  to  deserr.with  better  success, 
and  entero-d  the  lines  ot'General  Imboden's command, 
of  the  so-called  Confederate  States,  in  or  about  the 
month  ofMay,  1SG2.  scattered  between  Winchester  raid 
Ilomnev,  Va.,  and  that  most  of  the  time  from  that 
date  till  Mav,  1833,  he  was  employed  as  a  draughts- 
man bv  SIujor-General  J.  E.  R.  Stuart,  of  theso-called 
Confederate  army:  that  in  May,  ISUS.  the  saidSteinaker 
voluntarily  joined  Company  K,  of  the  Second  Vir- 
ginia Infantrv,  as  a  private,  and  drew  pay,  bounty, 
clothing  and  the  nsual  allowances  of  a  private  soldier, 
and  that  he  was  detailed  as  an  assistant  to  Captain 
Oscar  Hericks,  an  engineer  officer  of  the  staff  of 
Major-General  Edward  Johnson,  of  the  so-called  Con- 
iederate  States  Army,  and  n  mained  w-ith  him  during 
the  Pennsvlvania  campaign  of  that  year,  and  that  in 
traveling  over  Swift  Run  Gap  he  had  no  company 
until  he  arrived  near  Chancellorsville,  where 
he  fell  in  with  Assistant  Surgeon  McClueen,  of 
the  so-called  Confederate  Stales  Army,  and  two 
other  gentlemen  in  said  service;  that  he  never  ranked 
in  said  service  as  an  engineer  officer,  or  received  the 
pay  of  one;  that  he  was  frequently  in  the  guard-house 
tor  shooting  or  threatening  to  shoot  negrot-s  charged 
with  piloting  United  States  troops  near  MineKuu,  Va., 
and  other  serious  charges:  that  he  stole  moneys  which 
were  placed  in  his  charge;  that  he  stoie  a  horse 
from  Lieutenant  David  M.  Cockerill,  of  the  Second 
Virginia  Inantry,  and  was  tried  by  court  martial 
for  the  same  and  found  guilty,  and  that  sonn 
alter  the  spring  campaign  of  1864,  he  stole  some 
clothing  near  the  north  of  Kichmond,  and  escaped  to 
Win'-hesier,  Virginia,  representing  himseli'as  being  in 
charge  of  the  delid  body  of  Major  Henry  K.  Douglas. 
Assistant  Adjutant-General  on  General  ^phnson's 
start;  who  is  now  present  before  this  Court^flive  and 
well:  that  he  never  saw  J.  Wilkes  Booth,  the  actor, 
in  Virginia,  or  at  the  camp  at  any  time  of  the  Second 
Virginia  Regiment  of  Infantry,  and  that  no  such 
meeting  of  Coniederate  officers  as  he  speaks  of  in  his 
testimonv  ever  took  place,  where  the  plans  for  the  as- 
sassination of  President  Lincoln  were  discussed. 

ByhercounseL  (Signed) 

REVERDY  JOHiN^SOX, 
FRED.  A.  AIKEN, 
J.  W.  CHAMPITT, 

Judge  Advocate  Holt  said  thathewasnot  informed 
where  the  witness  was,  but  he  was  perfectly  willing 
that  he  should  be  recalled  if  found. 

General  Wallace  inouired  whether  the  Judge  Advo- 
cate had  ever  declined  or  refused  to  issue  the  i^roper 
summons  for  the  reappearance  of  the  witness'? 

Judge  Advocate  Holt  said  that  he  had  not,  but  on  the 
contrary  had  signilied  his  desire  to  secure  his  attend- 
ance. 

General  Wallace  said  that  he  made  the  inquirvfor 
the  purpose,  if  the  Judge  Advocate  had  never  refused 
to  summon  the  witness,  of  objecting  to  putting  such  a 
paper  as  that  upon  the  record. 

Mr.  Clarapiit  called  attention  to  the  fact  that  no  al- 
legation had  been  made  that  the  prosecution  had  re- 
fused locall  the  witness. 

General  Hunter  said  that  the  decision  of  the  Court 
last  week  was  that  if  the  defense  desired  Von  Steina- 
ker recalled  every  elTort  should  be  made  to  recall 
him. 

Mr.  Aiken  replied  that  the  defense  then  stated  that 
they  did  not  wish  him  called  as  a  witness  for  the  de- 
lense.  When  upon  the  stand  he  was  not  cross-ex- 
amined, for  the  reason  that  the  defense  knew  nothing 
about  him. 

General  Hunter  inquired  If  anything  was  known  of 
Von  steinaker's  wlieroabouts. 

Mr.  Aiken  said  that  all  tliat  wa.s  known  of  him  was, 
he  was  brought  here  after  his  having  been  released 
from  Fort  Delaware,  and  he  had  now  gone,  no  one 
knew  where. 

Judge  Advocate  Holt  asked  by  whom  the  paper  just 
presented  had  been  Bi£ued. 


Mr.  .Viken  saVl  it  had  been  signed  bv  the  counsel  for 
M's.  Surratt  :.ud  \vo.  <l  bo  su;, parted  l)V  Major-Gener.il 
l-.divaid  Jolm^oii.  iormcrlroi'  tbe  I'onfeden.te  ainiy, 
Who  was  present  as  a  witness,  and  bv  members  of  his 
siair. 

General  Wallace.— I  would  like  to  know  for  which 
one  of  the  pri.-uneis  that  paper  iscon'^idcred  nocf"<sarv. 

Mr.  Aiken.— For  Mrs.  t-urratt;  aud  it  has  a  bearing  in 
a  degree  up  in  all  of  liiem. 

General  Wallace.— Will  the  gentleman  please  state 
the  connection  of  that  paper  with  Mis.  Surratts  ca-e? 

Mr.  Aiken.— The  connection,  as  we  understand  it.  is 
simply  this:— We  wish  to  prove  that  Mr.  ]$«oth  was 
not  in  Virginia  at  the  time  siuteduyVon  Steinaker; 
that  no  such  meeting  of  Coniederate  othcers,  as  lieal- 
le^'es.  tocik  ])lace:  that  no  plana  for  the  assassination  of 
President  Lincoln  were  di.scussed.  I  think  the  lan- 
guage used  by  the  witness  was  mat  one  of  iheouicers 
told  him  Lincoln  must  "go  up  the  spout;"  that  so  far  as 
they  were  concrrned,  the  officers  in  the  camp  of  the 
.Second  Virginia  Regiment  were  not  aware  of  anv  such 
plan:  that  they  did  not  see  Mr.  Booth  in  that  camp, 
and  that  if  any  such  plan  to  assassinate  the  President 
d-d  e.xist,  Mrs.  Surratt  had  no  connection  with  it,  and 
knew  nothing  about  it. 

Judge  Advocate  Holt  said.  It  is  not  necessary  to  recall 
tbe  witness  to  prove  that. 

Mr.  Aiken.— We  proi>ose  to  call  the  witnesses  here  as 
to  whether  they  would  believe  Von  Steinaker  on  his 
oath. 

Judge  Advocate  Holt  said  that  he  was  willing  to  ac- 
quiesce in  the  appiicaiion.  but  he  wisiiedthe  Court  to 
consider  whether  a  paper  such  as  the  one  which  had 
been  read,  so  strinieutiy  dematorj'  in  its  character, 
shou'd  be  allowed  to  go  upon  the  records,  wheureally 
it  was  the  basis  of  no  application  which  has  not  been 
considered  and  granted. 

General  Wallace.— I  for  my  part  wish  to  say  now 
that  I  undeistund.distinctly,  and  hold  in  very  supreme 
contemjjt,  such  practices  as  that.  It  is  very  discredit- 
able to  the  parties  concerned,  to  the  attorney,  and  if 
permitted,  in  my  judgment,  will  bediscreditable  tothe 
Court. 

Mr.  Clampitt.— May  it  please  the  Court,  I  do  not  de- 
sireBtandiug  in  a  position  that  would  be  doing  anj-* 
thing  that  would  reflect  upon  the  counsel  in  the  deirrea 
thaia  memberof  iheCourt  has  spoken,  but  I  undepr 
stand  itiy  position.  Ma.v  it  please  the  Court,  as  one  or 
the  counsel  lor  Mrs.  Surratt,  we  are  hese  standing 
within  the  portals  of  this  constituted  temple  of  ju.'*- 
tice,  and  here  for  the  purpose  of  deiendingthe  very 
citadel  of  life,  and  we  feel  it  to  be  our  duty  to  use 
every  exertion  in  our  power,  consistent  with  forms 
that  obtain  before  a  court,  to  impeach  and  destroy  the 
testimony  of  any  witness  whose  testimony  can  pro- 
perly be  impeached,  and  we  do  it  for  the  purpose,  if 
possible,  of  shielding  the  accused.  It  is,  at  the  same 
time,  our  bouuden  duty,  and  an  obligation  that  we  owe 
to  our  client,  that  we  should  spread  before  the  Court 
the  character  of  the  witness  on  the  part  of  the  prose- 
cution who  has  made  this  f  xplanation.  I  hope  it  will 
be  satisfactory  to  the  Court. 

General  Wallace.— It  is  not  satisfactory  to  me  for  the 
reason  that  he  has  in  no  instance  been  denied  the 
privilege  which  he  has  sought  by  that  paper. 

General  Howe.— Neither  has  be  shown  auyconneo- 
tion  of  the  paper  with  the  case  of  his  client. 

Mr.  Aiken.— The  Judge  Advocate  has  stated  that  if 
Von  Steinaker  could  be  readily  found  he  had  no  ol> 
jection  to  his  recall.  There  seems  to  be  a  misunder- 
standing, however,  in  regard  to  our  asking  for  that. 
We  did  not  propose  to  stimmon  him  as  our  own  wit- 
ness, but  we  have  presented  this  paper  in  accordance 
with  a  strictly  legal  form. 

General  Wallace.— Yes,  we  understand  that. 

A  vote  was  then  taken  by  the  Commission  upon  the 
question  of  allowing  tlie  paper  to  be  entered  upon  its 
records,  and  the  result  of  the  vote  was  announced  to 
be  that  the  papershould  not  be  entered. 

The  witness  above  referred  to  by  the  defense  not 
being  present  the  Commission  proceeded  as  follows: — 

Testimony  of  Mr.  Bavis. 

Q,  'Where  do  you  reside?    A.  At  Dr.  .Samuel  Mudd's. 

Q.  How  long  have  you  resided  there?  A.  Since  the 
9th  of  January  last. 

Q.  What  has  been  your  employment  there?  A. 
Working  on  the  farm. 

Q.  Have  you  been  there  constantly  since  you  first 
went  there  on  the  9th  of  January?  A.  I  have;  I  was 
absent  from  the  plantation  only  one  night. 

Q.  iDo  you  remember  what  night  that  was?  A.  No 
sir;  I  don't  really  know;  it  was  in  the  month  of  Janu- 
ary. 

Q,  State  how  often  Dr,  Mudd  has  been  absent  from 
home  fiotn  tbe  time  you  went  there  up  to  his  arrest, 
and  the  circumstances  attending  his  absence?  A,  He 
has  been  away  from  home  only  three  nights;  the  first 
time  he  went  to  Mr,  George  Henry  Gardner's  party, 
faking  his  family  with  him,  and  returning  the  ne.xt 
morning;  that  was  in  January,  on  the  2Gth;lhe  second 
time  he  came  to  Washington  with  Mr.  Lowellyn  Gard- 
ner, with  whom  he  aKo  returned;  that  was  onthe2.'ikl 
of  March;  I  am  enabled  to  recollect  the  day  by  the  fact 
that  while  he  was  away  the  barn  blew  down; 
the  third  time  he  came  to  Washiugtoh. 


TRIAL   OF   THE   ASSASSINS    AT  WASHINGTON. 


105 


Q.  Do  you  know  John  H.  Surratt  or  John  Wilkes 
Booth?    A.  I  tlo  not. 

Q.  wtate  whether  you  were  or  were  not  ill  while  at 
Dr.  Sluad's,  and  lor  how  loni;?  A.  I  was  very  ill  lor 
betterthan  three  weeks.  I  w.as  taken  ill  in  February, 
and  my  sickness  lasted  until  March. 

Q.  Stale  whether  Dr.  Mudd  attended  you  during  your 
sickness?    A.  He  did. 

Q.  State  whether  j'ou  did  or  did  not  see  Dr.  Mudd 
everj'  day  duruig  all  the  lime  you  wore  at  his  house? 
A.  1  saw  him  every  day  d.irin?,'  the  lime  I  was  there, 
except  on  the  three  occasions  that  he  was  away. 

Q.  State  whether  during  the  time  you  were  there, 
you  ever  heard  the  names  of  John  II.  Surralt,  John 
Wilkes  Eootli  or  Davitl  K.  Harold  mentioned  in  the 
family?    A.  I  did  not. 

Q.  Were  you  at  home  on  theSaturday  before  Easter, 
the  15th  of  April?  A.  1  was. 

Q.  Do  you  know  anyching  of  two  men  being  there 
that  day?  A."  I  saw  two  horses  there;  I  heard  mat  two 
men  were  there. 

Q.  Do  you  know  at  what  time  that  evening  they  left? 
A.  Between  three  and  lour  o'clock. 

Q.  Were  you  out  as  usual  working  that  day  ?  A.  I 
was. 

Q.  Did  you  see  either  of  the  men?  A.  I  did  not. 

Q.  Where  were  y.ni  on  the  Friday  alter  the  assassi- 
nation of  the  Presiuent?  A.  I  wa-s  on  the  larm,  at 
work. 

Q.  State  whether  you  went  for  Dr.  Mudd?    A.  I  did. 

Q.  Where  was  he?    A.  He  was  at  his  father's. 

Q.  What  did  you  tell  Dr.  Mudd? 

Assistant  Judge  Advocate  Bingham.— You  need  not 
State  what  you  told  him. 

The  question  was  waived. 

Q.  Some  soldiers  were  at  the  house  and  you  went  for 
Iiim?    A.  Yes  sir. 

Q.  He  came  home  with  you?  A.  Yes  sir;  he  came  as 
far  as  the  barn,  and  then  went  on  ahead  of  me,  and  1 
went  10  work. 

Q.  When  you  went  after  Dr.  Mudd  what  did  you  tell 
him?  A.  I  told  him  there  were  some  soldiers  at  the 
Louse  who  wanted  to  see  him. 

Q.  Was  there  anything  said  between  you  about  a 
cart?    A.  No  sir. 

Q.  Did  you  ever  hear  Dr.  Mudd,  during  the  time  you 
■were  with  him,  e.xpress  any  disloyal  sentiments?  A.  I 
did  not. 

By  Mr.  Ewing.— Q.  On  the  day  after  the  President's 
assassination  did  you  take  breakfast  witli  the  family? 
A.  No  sir,  I  did  not  take  either  breakfast  or  dinner 
with  the  family  that  day;  I  was  out  attending  the 
horses. 

U.  Whatdid  you  understand  about  certain  parties 
baving  been  in  the  house?  A.  Nothing  more  than 
that  two  men  were  there;  one  with  a  broken  leg. 

Cross-examined  bj' J  udgc  Bingham.— Q.  How  do  you 
know  that  Dr.  Mudd  went  to  George  Henry  Gardner's? 
A.  I  saw  him  going  there. 

Q.  Plow  lar  was  it?    A.  Not  over  a  quarter  of  a  mile. 

Q.  Where  were  you?    A.  I  was  home  at  the  time. 

Q.  His  horse's  head  was  that  way?  A.  No  sir;  he 
■walked. 

Q.  That  is  all  you  know  about  that?    A.  Yes  sir. 

Q.  You  say  you  did  noc  see  two  men  there  on  Satur- 
day?   A.  No  sir,  I  did  not. 

Q.  How  do  you  know  that  they  had  left  the  house  on 
Saturday?  A,  Because  their  horses  were  gone  when  X 
returned  to  the  house  at  ibur  o'clock  in  the  al'teruooii. 

Q.  How  did  you  know  that  the  men  were  gone?  A. 
I  thought  so. 

Q.  You  did  not  know  it?    A.  No  sir. 

Testimony  ofJiiliann  Blots  (Colored). 

By  Mr.  Ewing— Q.  State  whether  yon  formerly  lived 
at  the  house  of  Dr.  Samuel  A.  Mudd.    A.  I  did. 

Q.  When  did  you  go  there  to  live  and  how  long  did 
you  stay?  A.  I  went  there  on  Christmas  before  last 
Christmas. 

Q.  Did  you  ever  know  of  any  Confederate  officers  or 
soldiers  being  about  Dr.  Mudd's  house?    A.  No  sir. 

Q.  Did  you  ever  see  Andrew  Gwynn.  Ben  Gwynn  or 
this  man- exibiting  to  witness  a  portrait  of  Surratt— at 
that  house?    A.  I  did  not. 

Q.  Did  you  ever  hear  the  names  of  Ben  Gwynn, 
Andrew  Gwynn  or  Surratt  mentioned  in  the  house 
while  you  were  there?    A.  No  sir. 

Q.  State  what  sort  of  a  master  Dr.  Samuel  A.  Mudd 
was.  A.  He  treated  me  very  well,  as  also  all  that 
were  around  him;  ho  was  very  kind  to  us  all;  I  lived 
with  him  a  year,  and  he  never  spoke  a  cross  word  to 
me  that  I  know  of. 

Q.  Did  you  ever  know  of  his  whipping  Mary  Simms? 
A.  No  sir,  he  never  struclc  her  that  I  knew  of. 

Q.  Do  you  know  wnat  Mary  Simms  left  the  house 
for?  A.  On  one  Sunday  evening  Mrs.  Mudd  told  her 
not  to  go  away,  but  she  would  go;  the  next  morning 
she  (Mrs.  Mudd)  struck  her  with  a  little  switch;  I  do 
not  think  she  hurt  her,  as  the  switcli  was  a  small  one. 

Q.  Dr.  Samuel  Mudd  never  whipped  her  at  all?  A. 
No  sir;  I  never  heard  of  him  striking  her. 

Q.  What  is  the  general  reputation  of  Mary  Simms 
among  the  colored  pouple  around  there?  A.  She  Is  not 
^  great  truth-teller  sir,  bocauseshe  has  told  lias  on  mo. 

U.  Do  you  know  what  the  colored  folks  around  there 


generally  think  of  her?  A.  Well,  they  generally  think 
siie  is  a  liar. 

Q.  Do  you  know  what  the  colored  folks  there  thinfe 
olMylew  Simms  as  a  trulh-leller?  A.  They  thought 
the  same  of  him  as  of  Mary;  if  he  got  angry  with  you 
ho  would  tell  a  lie  on  you  lor  the  sake  of  satisfaction. 

tl.  That  was  the  general  opinion  about  him?  A.  Yea 
sir. 

ti.  Did  you  ever  hear  Dr.  Samuel  Mudd  talk  about 
the  governnicntof  Mr.  Lincoln?    A.  .Ineverdid. 

U.  You  left  there  two  days  before  last  Cbristma.s:  do 
you  kiiuw  aiiyiliing  about  Dr.  Samuel  Mudd  going 
away  on  that  day?  A.  Dr.  Samuel  Miidds  wile  tola 
me  he  was  going  to  Washington  to  buy  a  cooking 
stove. 

Q.  Where  have  you  lived  since  you  left  Dr.  Samuel 
Mudd's?    A.  WithMr.  Wall,  iuBryaniowii. 

The  Commission  then  took  a  recess  until  two  o'clock 
at  which  time  the  body  reassembled. 

Tcsttnioiiy  of  !>»•.  George  I>.  Mndd. 

By  Mr.  Ewing.— Q.  State  your  residence  and  busi- 
ness. A.  I  am  a  practitioner  ot  mediciuein  the  village 
of  Bryantown.  Charles  county.  Md. 

Q.  State- whether  you  know 'the  prisoner,  Samuel  A. 
Mudd,  and  what  relalion,  if  any,  exists  between  you. 
A.  I  know  him:  his  father  and  my  father  were  "first 
cousins;  he  was  a  student  under  me  some  years  ago  in 
the  study  of  medicine. 

ti.  Slate  whether  you  know  his  reputation  in  the 
neighborhood  in  whicli  he  lives  lor  jieace,  order  and 
good  citizenship.  A.  I  know  of  no  one  whose  reputa- 
tion is  better  in  that  i-egard;  it  is  verj-  j;oud. 

Q.  State  what  is  his  reputiition  as  a  master.  A.I 
have  always  considered  hiiu  a  humane  man  towards 
his  fellow  man,  whether  servant  or  otherwise;  he  al- 
ways clothed  and  fed  his  servants  well,  aud  treated 
th«n  kindly,  so  far  as  I  knew. 

U.  State  whether  or  not  you  saw  Dr.  Mudd  on  the 
Sunday  after  the  assassination  of  the  President.  A. 
Vessir;  I  saw  him  at  church;  he  overtook  me  after 
that  on  my  way  home  to  Bryautowu,  aud  IrodevvitU 
him  as  far  as  his  house. 

Q.  State  whether  he  said  anything  to  you  about  any 
persons  having  been  at  his  house. 

Jud.ge  Advocate  Holt  ol).iei;ted  to  the  question  on  the 
ground  that  the  Government  hail  not  offered  the  de- 
clarations of  the  prisoners  in  evidence. 

Mr.  Ewing  said  that  he.  proposed  to  show  by  the 
witness,  who  was  a  man  of  uuque-^tionable  and  active 
loyally,  that  the  prisoner  had  iniormed  him  that  on 
Saturday  morning  theie  were  1  wo  susuicious  persons 
at  his  house  and  had  desired  tlie  witness,  if  he  thought 
it  advisable,  to  notify  tlie  military  authorities  of  the 
(act  of  their  being  at  his  house,  hut  not  to  tell  it  at 
lar.ge  about  them  lest  the  parties  and  their  friends 
might  assassinate  him  ( the  prisoner)  for  the  dis- 
closure. This  was  a  part  of  the  very  substance  of 
those  actions  of  the  prisoner  by  which  it  was 
sought  to  imolicate  him,  and  was  connected  with  acts 
of  the  preceding  aud  subsequent  days  wliich  the  prose- 
tioii  had  shown.  This  statement  was  virtually  an  act, 
andwasdone  during  the  time  ol'  that  alleged  silence 
on  his  part,  which  had  been  urged  as  a  meansof  imijli- 
cating  him  as  an  acce.ssory  bcloro  and  alter  the  I'act  ia 
this  murder.  If  the  fact  that  he  had  been  silent  was 
to  be  urged  against  him.  was  not  the  fact  of  his  break- 
ing that  silence  to  be  introduced  in  his  behalf?  More- 
over, the  statement  was  made  at  a  time  when  the  pri- 
soner could  not  have  known  that  any  suspicions  were 
directed  against  }ij«u.  In  support  of  liis  position  Mr. 
Ewiug  read  from  "Itussell  on  Crimes,"  vol.  ii.  p.75S,aud 
other  authorities. 

Judge  Advocate  Holt  remarked  that  when  partial 
declarations  were  given  in  evidence  the  accused  had  a 
right  to  insist  that  the  whole  should  be  given.  In  the 
present  instance  the  prosecution  had  not  offered  de- 
clarations of  the  prisoner.  The  ground  ujion  whicU 
it  was  sought  to  introduce  them,  was  that  they  were 
part  of  the  transaction  itself.  But  the  transaction  at 
the  time  these  declarations  were  made  had  been  com- 
pleted; it  had  closed  the  day  beiore;  it  consisted  in 
the  fact  of  the  prisoner  having  concealed  and  enter- 
tained these  men  and  sent  them  on  their  way  rejoic- 
ing, and  that  transaction  on  which  the  prisoner  was 
now  arraigned  by  the  Government  was  complete  at  4 
o'clock  on  Saturday  afternoon.  It  was  now  proposed 
to  introduce  a  declaration  on  the  part  of  the  prisoner 
made  twenty-four  hours  afterwards— alter  he  had  had 
time  to  review  his  conduct.  It  was  not  competent  to 
declare  the  motives  by  which  his  previous  acts  were 
governed,  because  there  was  no  means  of  reaching 
these  motives,  or  of  introducing  any  testimony  in  re- 
gard to  them. 

Mr.  Ewing  replied  the  transaction  was  not  wholly 
closed.  The  charge  here  was  one  of  concealment,  not 
only  of  the  persons  of  those  men  while  they  were  in 
the  house,  but  aconcealment  of  the  fact  that  they  had 
been  in  the  house.  Of  four  witnesses  who  testilied  that 
they  went  to  Dr.  Mudd's  house  on  Saturday,  two  stated 
that  Dr.  Mudd  denied  that  the  men  had  been  at  his 
house,  and  the  accused  now  desired  to  show  that  he 
did  give  information  to  the  Government  im  Sunday, 
through  the  witness  on  this  stand,  that  the  men  were 
at  his  house.  The  objection  of  the  Judge  Advocate 
was  sustained,  and  the  quastiou  was  not  put. 


106 


TRIAL    OF   THE   ASSASSINS  AT  WASHINGTON. 


Q.  State  wlictlieryou  communicatpci  to  the  military 
autliorities,  in  Uryantown.  tlio  fact  of  any  suspicious 
persons  liaving  boun  at  tlie  liouso  of  Dr.  Samuel  A. 
Mucld  on  Saturday?    A.  I  did. 

Q.  State  to  wlicm  you  communicated?  A.  I  com- 
municated, I  tliink,  to  Lieutenant  Dana,  who  was  the 
principal  in  command  of  tiie  military  there  at  that 
lime. 

Q.  When  did  you  communicate  it  to  him?  A.  I  think 
it  was  on  Monday  morning. 

Q.  AVliatstatenientdidyoumaketo  him?  A.  I  stated 
to  him  tliat  Dr.  Mudd  had  informed  me  tliat  two  sus- 
picions persons  were  m  hishousi  ;  that  theyvame  there 
a  little  I  (Cforo  day-break  on  Sat  urda3' morning,  and  that 
oueolthem  had  a  broken  leg  which  he  bandaged;  that 
they  wore  laboring  under  some  degree  of  excitement: 
more  so  he  thouglit  than  should  have  been  caused  by  a 
brolcenleg:  tliar  these  parties  had  said  they  came  irom 
Eryantown,  and  were  incjuiring  the  way  to  Parson 
Wllmer's;  that  wliilst  there  one  of  them  called  for  a 
razor  and  shaved  iiimself,  thereby  altering  his  appear- 
auce:  that  he  (Dr.  ]\Iud(l)iniiiro  vised  acrutcliorcrutches 
for  the  man  with  the  broken  leg,  and  that  they  went 
the  direction  of  rarson  Wilmer's,  I  tliink;  that  is  about 
the  whole  of  what  1  told  the  Lieutenant. 

Q.  Of  whom  did  you  get  this  information?  A.  Of  the 
prisoner,  Dr.iSanmel  A.  Mudd. 

Q.  What  time  on  Monday  did  you  make  the  commu- 
nication?   A.  I  think  Monday  morning. 

Q.  By  whose  authority  did  you  make  the  communi- 
cation? A.  The  mentioning  ot  that  matter  to  me,  or 
any  other  matter  bearing  on  the  assassination,  par- 
ticularly sucli  an  assassination  as  the  country  and  tlie 
world  now  mourn,  was  my  warrant  and  authority 
from  hini  and  everybody  else  who  knew  me. 

Q.  At  the  time  he  imparted  this  inlbrmation  to  you, 
■was  anj-thing  said  about  communicating  to  the  mili- 
tary authorities?  A.  When  1  lelt  him  I  told  him  I 
would  mention  the  matter  to  the  authorities  and  see 
what  could  bo  made  of  it;  he  told  me  he  would  be  glad 
if  I  would,  but  if  I  could  make  such  an  arrangement 
he  would  much  prefer  that  be  should  besent  for,  and 
that  he  would  give  every  information  In  his  power  re- 
lative; that  ii'it  becamea  matter  of  publicity  ho  feared 
for  his  life,  on  account  of  guerrillas  that  might  be  iu- 
fe.sting  the  neighborhood. 

Q.  Did  you  say  to  what  authorities  yon  would  men- 
tion It?    A.  To  the  military  authorities  at  Bryantown. 

Q.  Did  vou  make  any  other  communication  to  any 
Other  military  authorities  of  thefact  stated  by  Dr.Mudd? 
A.  Yessir:  I  wasscnt  lor,  I  think,  on  Tuesday  after- 
noon, by  your  detectives,  who  asked  me  to  go  up  into 
a  room  Witli  them,  where  they  questioned  me  very 
particularly  relative  to  this  alfair;  I  stated  to  them 
what  I  have  already  stated  here,  and  upon  my  ina- 
bility to  answer  such  questions  as  they  propounded, 
thov  ordered  a  carriage  and  asked  me  to  direct  them 
to  Dr.  Samuel  Mudds  house;  I  told  them  I  would  do 
it,  and  that  I  would  go  with  them;  they  seemed  to  pre 
fer  that,  and  I  did  go  with  them. 

O.  State  what  iiappened  when  you  went  there.  A. 
Dr.  Mudd  was  not  at  the  house:  thedetectives  went  in- 
side while  I  remained  at  the  door;  I  saw  him  coming 
and  told  liim  as  he  entered  the  house  that  thedetec- 
tives had  come  there  to  ascertain  the  particulars  rela- 
tive to  that  matter  about  which  he  had  spoken  to  me: 
that  I  had  made  the  statement  to  the  military  authori- 
ties which  lie  had  made  to  me  on  Sunday,  and  that 
they  were  making  special  inquiry  in  reference  to  it:  I 
had  alreadysaid  to  those  gentlemen  (the  detectives i 
that  I  was  confident  that  the  Doctor  would  state  the 
matter  just  as  I  stated  to  them,  and  lelt  the  room  and 
did  not  re-enter  it  during  their  examination  of  him. 

Q.  Kame  the  officers  that  went  with  you.  A.  One 
was  named  Lloyd,  another  Galtighan,  and  the  others 
Avere  Lieutenant  Lovett  and  a  Mr.  Williams. 

Q.  State  whether  any  inquiry  was  made  by  any  of 
them,  after  the  conference  with  Dr.  Mudd,  with  refe- 
rence to  the  route.  A.  When  we  got  in  the  wagon,  or, 
I  think,  just  beiore  getting  in.  they  asked  me  if  I  would 
show  them  the  way  to  Parson  Wilmer's;  it  was  then 
near  nightfall,  and  I  told  them  I  would  certainly  do  so 
if  necessary:  1  then  turned  and  asked  Dr.  Mudd,  whM 
was  standing  outside  the  door,  what  was  the  best  route 
to  take  to  Parson  Wilmer's.  and  he  gave  me  the  infor- 
mation; before  we  got  to  the  main  road  to  Dryantown 
these  gentlemen  concluded,  in  consequence  of  my 
elating  to  them  that  another  road  was  preferable,  to 
take  that  other  road. 

Q.  State  whether  or  not  anything  was  said  by  either 
of  those  gentlemen  aliout  Dr.  ISIudd  having  denied 
that  the  two  men  were  at  his  house. 

Assistant  Judge  Advocate  Bingham  objected  to  the 
question,  wheu  itwas  withdrawn. 

Q.  State  whether  you  were  in  Bryantown  on  Patnr- 
<Iay  at  the  time  of  "the  reception  of  the  news  ot  the 
President's  assassination.  A.  I  was  there  when  the 
news  came,  and  remained  all  evening;  I  did  not  leave 
the  village. 

Q.  What  did  you  hear  as  to  the  person  or  persons 
Implicated  in  the  assassination?  A.  Lieutenant  Dana, 
on  whom  I  called  for  information,  told  me  that  the 
party  who  attempted  the  assassination  of  Secretary 
Seward  was  named  Boyle,  and  claimed  him  to  be  the 
same  who  had  previously  assassinated  Captain  Wat- 
kius,  of  Anne  Arimdel  couuty,  Maryland,  and  that 


'  tlio  party  who  assassinated  the  President  was  sup- 
posed to  be  a  man  liy  the  nameof  Booth,  and  that  he 
thought  the  assassins  had  not  yet  got  out  of  Wash- 
ington. 

Q.  Was  Boyle  known  in  that  region  of  country?  A. 
Yessir;  he  had  been  about  there,  but  not  for  three  or 
lour  weeks,  or  later  thon  two  or  three  days  alter  the 
assassination  of  Captain  Walk  ins. 

Q.  What  was  his  character  as  known  there;  was  he 
known  as  adesperado  andguerrilla?  A.  He  was;  his 
cliaracter  was  very  bad. 

Q.  State  whether  you  were  at  church  on  Sunday,  and 
what  was  known  there  about  the  assassination  of  the 
Pri  sident.  A.  I  was  at  church  on  (Sunday;  it  was 
known  that  the  President  of  the  United  States  was  as- 
sassinated, and  the  matter  was  talked  of. 

CJ.  Was  it,  or  was  it  not  known  that  Booth  had 
not  crossed  the  river?  A.  No  one.  to  my  knowledge, 
supposed  that  he  had  crossed  the  river  at  that  time. 

Q.  Did  you  have  any  conversation  with  Dr.  Samuel 
A.  Mudd  at  the  church,  or  hear  his  conversation  as  to 
what  he  knew  of  the  assassination?  A.  No  sir;  I 
heard  him 

Judge  Bingham  objected  to  allowing  the  witness  to 
state  what  he  had  heard  the  prisoner  say. 

The  objection  was  sustained  and  the  question  waa 
not  put. 

Q.  At  the  time  you  speak  of  having  made  a  commi> 
nication  to  the  otticers  was  anything  said  to  them  by 
you  about  Dr.  Mudd  having  gone  with  one  of  the  par- 
ties alter  a  carriage,  and  it  so  state  what?  A.  X  told 
them  so  and  that  is  a  part  I  Ibrgot  to  mention,  that 
Dr.  Samuel  Mudd  did  go  to  ascertain  to  see  if  he  could 
get  a  carriage  to  take  them  away  from  the  house;  that 
he  went  to  his  father's  and  down  below  there;  that  he 
went  with  the  j'ounger  of  the  two  men  but  failed  to 
get  a  carriage  and  they  lelt  his  house  on  horseback. 

Q.  Did  you  tell  them  anything  as  to  how  the  man's 
leg  was  broken?  A.  Yes,  1  think  I  told  them  that  one 
bone  of  his  leg  was  broken. 

Q.  Did  you  tell  them  anylhmg  as  to  how  it  was  said 
to  have  occurred?    A.  Yes,  from  the  fall  of  a  horse. 

Q.  State  the  distance  of  the  church  at  which  you 
saw  Dr.  Sam.  Mudd,  the  Sunday  after  the  assassina- 
.tion,  at  Bryantown.  A.  I  would  suppose  it  to  be  about 
six  and  a  half  miles  from  Dr.  Sam.  Mudd's  house. 

Q.  Did  you  give  them  any  description  of  the  persons 
of  these  two  men,  and  if  so,  what?  A.  I  do  not  thint 
I  gave  them  any. 

Q.  State  whether  you  are  acquainted  with  D.  J. 
Thomas,  one  of  the  witnesses  lor  the  prosecution.  A. 
I  know  him. 

Q.  Are  5'ou  acquainted  with  the  reputation  in  which 
he  is  held,  where  he  is  known,  for  veracity?  A.  IIi» 
reputation  for  veracity  has  always  been  very  bad  since 
I  have  known  him. 

Ci.  How  long  has  that  been  ?    A.  Since  he  was  a  boy. 

Q  Could  youstate  what  his  reputation  for  veracity 
was  Ije.lore  the  war?  A.  I  do  not  think  it  was  any  bet- 
ter than  since  the  war. 

Q.  From  your  knowledge  of  his  character  for  veracity, 
would  50u  believe  him  under  oath?  A.  If  there  weve 
a  inotiveto  misstate  facts,  I  would  not. 

ti.  Do  you  know  anything  prol'essionally  of  his  men- 
tal condition?    A.  I  have  considered  him  an  insane' 
man. 

Q.  State  how  and  from  what  cause.  A.  I  have  seen 
him  manliest  such  an  abnormal  condition  of  mind  as 
to  relievehim  from  responsibility  for  a  crime  in  a  Crimi- 
nal Court;  he  is  not  always  so  insane:  there  seemed  to 
have  been  a  remittance  in  his  manifestations  of  in- 
sanity sometimes;  I  have  met  him  when  there  was  not 
much  more  disordered  condition  of  njind  than  eccen- 
tricity would  implj-;  I  would  state  that  in  approachiuK 
the  question  of  insanity  I  feel  a  great  dilUdence  and 
distrust,  although  it  belongs  to  no  profession  more  than 
mine;  I  feel  as  if  I  should  be  perplexed  when  the  great 
master  minds  of  the  country,  who  have  studied  and 
understand  thoroughlj'  all  forms  of  medical  and  legal 
jurisprudence  as  1  apjirehend  gentlemen  of  the  Court 
to  be,  and  particularly  the  Judge  Advocate,  are  to 
be  my    interrogators    on    the    subject    ot    insanity. 

Q.  Is  his  reputation  forveracitv  based  upon  the  fact 
of  his  insanity  alone?  A.  I  cannot  say  that  it  is:  I 
think  it  probable  that  his  veracity  is  worse  when  iii- 
sane  manifestations  are  prominent. 

Q.  Is  his  reputation  for  veracity  good  during  times 
when  his  mental  condition  appears  to  be  best?  A.  I 
never  so  estimated  it. 

Cross-examined  by  Judge  Bingham.— Q.  Be  good 
enough  to  tell  the  Court  what  works  you  have  read  on 
insanitj'.  A.  I  have  read  a  great  many  works  upon 
insanity  and  medical  jurisprudence. 

Q.  What  work  on  medical  jurisprudence  have  you 
read?  A.  Taylor's,  and  others  on  physiology  and  in- 
sanity. 

Q.  Do  any  of  these  works  tell  how  crazy  a  man  has 
to  be  to  make  him  unable  to  tell  the  truth.  A.  X  do 
not  know  as  they  do  especiallj'. 

Q.  Do  you  wish  to  state  here  to-day  that  Daniel 
Thomas  is  so  crazy  that  he  does  not  know  how  to  tell 
the  truth?  A.  No  sir;  I  mean  to  say  there  seems  to  be 
a  mental  and  moral  insanity. 

Q.  You  say  that  at  times  ho  is  more  insane,  mentally 
and  morally,  than  he  is  at  other  times:  now,  when  he 
is  less  crazy  is  he  more  likely  to  tell  the  truth?   A.  I 


TRIAL   OF   THE   ASSASSINS   AT    WASniNGTOK 


lOT 


think   he   is  more  inclined  to  tell  extravagant  stories 
when  he  is  exciied  niontally. 

Q  Are  von  prepared  to  swear  that  he  is  so  crazy  that 
he  does  "not  know  how  to  tell  tlio  truth  when  he  is 
under  oath  helore  a  court?    A.  I  am  not. 

Q.  Do  yon  know  what  was  his  condition  of  mind 
when  he  gave  his  testimony  before  this  Court?  A.  I 
do  not:  I  had  not  seen  much  of  him  of  late. 

Q.  What  is  moral  insanity?  A.  I  look  upon  moral 
insanity  as  a  condition  in  which  persons  are  particu- 
larly inclined  to  prevaricate  in  various  ways. 

Q.  What  do  you  call  mental  insanity?  A.  When  a 
man  is  incapable  of  discriminating  and  appreciating 
things  as  sane  men  do. 

Q.  Did  vou  ever  know  Daniel  Thomas  that  he  was 
notable  to  understand  plain  matters  when  he  was 
spoken  to  about  them.  A.  I  do  not  know  that  I  did;  I 
could  state  some  reasons  why  I  considered  him  in- 
sane. 

By  the  Court.— Q.  What  is  the  form  of  insanity  under 
which  JXr.  Thomas  labors?  A.  There  is  no  specilic 
term  that  T  know  of,  except  at  times  a  peculiar  excite- 
ment and  inability  to  appreciate  matters  and  tilings  as 
other  people  do;  "it  is  not  dementia:  it  is  not  mono- 
mania; it  is  what  is  called  aberration  of  mind;  there  is 
a  certain  I'nrm  of  insanity  which  exacerbates  and  re- 
mits, but  I  do  not  know  that  it  has  any  particular 
name  or  belongs  to  any  particular  ibrm  of  insanity. 

Q.  Do  you  think  his  Ibrm  of  insanity  would  lead  him 
to  imagine  a  conversation  he  never  had?  A.  I  have 
seen  him  in  a  condition  of  mind  when  I  do  not  doubt 
he  would;  I  have  known  him  to  labor  under  most  de- 
cided delusions  and  hallucinations.  Q.  You  have 
known  liim  to  imagine  things  he  never  heard?  A.  Yes, 
oftentimes. 

Q.  How  long  have  you  entertained  the  opinion  that 
Thomas  was  "not  ot  sound  mind?  A.  I  went  to  a  iiri- 
mary  school  in  our  neighborhood  when  Thomas  was  a 
small  boy;  there  was  something  very  eccentric  and 
amusing  about  him  then:  he  was  different  Irom  other 
boys;  he  was  a  sourceof  amusement, in  the  way  of  ec- 
centricity, to  his  school  mates  seven  oreight  years  ago, 
or  perhaps  longer  tlian  that;  an  insane  condition  of 
miud.seemed  to  manifest  itself  in  him;  so  that  the 
common  expression  was,  of  every  one  in  the  neighbor- 
hood, that  Daniel  Thomas  was  crazy. 

Q.  Have  yon  fxpre.ssed  an  opinion  to  any  one  that 
he  was  not  a  man  ofsound  mind  previous  to  this  ?  A. 
Over  and  over  again;  long  before  the  war. 

Q.  Do  you  know  that  he  has  ever  been  objected 
to  as  a  witness  before  a  court  of  justice?    A.  Ido  not. 

Q.  Have  you  ever  knowit  hina  to  be  a  witness  before 
a  court  of  justice?    A.  On  one  occasion  I  did. 

Q.  Was  "his  evidence  objected  to  on  aground  of  in- 
sanity?   A.  I  think  not. 

Q.  What  is  the  reputation  of  Dr.  Sam  JIudd  for 
lovalty  or  d  slovalty?  A.  From  my  association  with 
him  I  have  had"  to  consider  him  as  sympathizing  with 
the  South. 

Q.  Did  you  ever  know  him  harbor  Eebels  or  dis- 
loyal persons?  A.  Never;  I  have  never  known  him 
tocommit  any  treasonable  act;  I  have  generally  con- 
sidered Dr.  bamuel  Mudd  as  very  temperate  in  his 
discussions  and  expressions  relative  to  the  war;  his 
ordinary  manner  or  matter  of  discu.ssion  was  the 
right  or  legality  of  Secession,  which  Ije  maintained;  lie 
has  generally,  however,  spoken  very  temperately,  and 
never  used  any  opprobrious  epithets  against  the  heads 
of  IheGovernmeiit;  lie  was  much  more  temperate  on 
that  subject.  I  may  state,  than  many  other  citizens  of 
benighted  Charles"  county  and  Southern  Maryland. 

Q.  There  were  certain  local  organizations  in  the 
early  part  of  the  war  in  you''  neighbm-hood.  Will  yon 
stale  what  was  their  object  and  how  they  were  re- 
garded? A.  There  was  an  organization  at  PortTobacco 
of  that  kind,  the  object  of  which,  I  think,  was  treason- 
able,thougliitwassaidit  was  lor  the  purpose  of  quelling 
Insurrection  in  tlie  neighborhood,  and  it  may  have 
been;  I  have  regarded  Dr.  Samuel  Mudd  lor  some 
time  prior  to  the  tall  of  Richmond  and  surrender 
Of  General  Lee's  army,  as  taking  a  very  handsome 
prospective  "view  of  the  downfall  of  the  Eebellion;  I 
remember  administering  an  oath  to  him  last  year,  and 
of  being  forcibly  impressed  with  the  respect  and  reve- 
rence with  which  he  took  the  oatli,  making  a  decided 
contrast  to  many  others  to  whom  I  administered  the 
oath  on  that  occasion;  so  far  as  I  know  he  has  obeyed 
the  iirovisions  of  that  oath. 

By  Mr.  Kwing.— Q.  When  did  you  administer  the 
oath  you  speak  of?  A.  If  I  remember  rightly,  it  was 
•when  the  sense  of  the  people  was  taken  relative  to 
calling  a  convention  to  amend  the  constitution  of  the 
State  of  Maryland,  in  June  or  July  ot  last  year. 

Q.  Were  vou  acting  in  an  official  capacity?  A.  I  was 
rather  delegated  by  two  Judges  as  Chief  Judge  of 
election,  in  the  absence  of  the  regular  Judge.  I  think 
I  admiuisterea  the  oath  to  some  two  hundred  that 
day. 

Q.  For  how  long  a  time  has  he  spoken  of  the  down- 
fall of  Richmond  being  sure?  A.  I  think  from  and 
after  the  time  he  took  the  oath,  if  not  before. 

Testimony  of  Colonel  Martin  Bnrke. 

By  Judge  Holt,— Q.  State  whether  or  not  you  know 
K.  <J.  Kennedy.   A.  Y'es;  I  had  ctiarge  of  bim. 


Q.  Jjook  at  that  paper  and  see  if  it  is  a  confession 
made  by  him,    A.  It  is. 

Q.  State  whether  it  is  the  confession  of  Kennedy, 
made  in  j'our  presence,  and  if  so.  how  long  before  his 
execution.  A.  It  w.as  made  in  my  prescucc:  I  do  not 
know  how  long  before  his  execirtiou;  I  think  a  day  or 
two. 

The  confession  referred  to  was  read  to  the  Court  by 
Col.  Burnett.stating  that  this^Kennedy's  object  in  pour- 
ing phosphorus  on  the  lloor  at  Barnum's  Museum  wag 
not  to  burn  it.  knowing  from  experiment  that  it  would 
not  set  the  boards  on  tire,  but  to  perpetrate  a  huge 
joke:  and  that  the  object  in  attempting  to  burn  the 
hotels  was  to  retaliate  fur  the  devastation  perpetrated 
bv  Sheridan  in  the  valley;  not  to  burn  women  and 
children,  but  to  show  the  people  of  the  North  that  the 
desolations  of  war  were  not  to  be  conhned  to  the  South 
alone. 

Testimony  of  M.  B.  Cartes*. 

By  Judge  Holt.- Q.  Where  do  you  reside?  A.  In 
New  Ilatnpshire. 

Q.  State  whether  or  not  you  were  in  Montreal  last 
fan.    A.  Y'es  sir. 

Q.  At  what  hotel?    A.  St  Lawrence  Hotel. 

Q.  State  whether  or  not  you  met  George  N.  Sanders 
and  Jacob  Thompson,  Dr.  Blackburn,  J.  Wilkes 
Booth,  oranyoftuera.  A.  I  saw  George  N.  Sanders, 
J.  AVilkes  Booth,  Beverly  Tucker,  Dr.  Blackburn  and 
others  whose  names  I  do  not  now  recotlect;  I  saw 
Thompson  at  Niagara  Falls  ot;  the  17th  of  June. 

Q.  How  longwereyou  at  this  hotel?  A.  From  the 
0th  orioth  of  Septemberuutil  about  the  1st  of  February. 

Q.  State  whether  you  observed  the  pei'sous  you  have 
named  in  intimate  association  during  that  time.  A, 
They  were;  all  the  Southerners  who  boarded  there 
were  intimate  with  each  other,  and  had  little  to  do 
with  any  one  not  sympathizing  with  them. 

Q  Did  you  know  J.  W.  Booth  before  you  went  there? 
A.  I  did.  .  .  ..  .  ^ 

Q.  Did  you  observe  him  in  intimate  association  with 
George  N.  Sanders  and  others?    A.  I  did. 

Q.  Look  at  the  prisoners  at  the  bar,  and  see  whether 
vou  recognize  any  of  them  as  persons  you  met  in  Ca- 
nada. A.  I  could  not  swear  that  I  ever  met  any  of 
them  there. 

Do  you  remember  to  have  heard  the  name  of  John 
Surratt  spoken  of  in  this  circle  of  men?  A.  I  do  not 
know  that  I  do. 

Q.  Do  you  remember  having  heard  the  name  of 
Pavne?  A.  I  saw  a  man  by  the  name  of  Payne  every 
morning,  but  there  is  no  man  I  see  here  i  would  call 
by  that  name;  I  think  the  man  I  saw  was  of  the  name 
of  John;  he  was  one  of  Payne's  brothers;  there  were 
twoof  tbem  who  were  arrested  in  connection  with 
the  St.  Albans'  raiders,  but  they  wero  discharged;  I  do 
not  think  1  have  ever  seen  this  man. 

Q.  Was  Dr.  Blackburn  there  the  greatest  part  of  the 
time?  A.  I  think  he  was  there  when  the  Donegal 
Hotel  closed,  about  the  20th  of  October. 

Q.  State  whether  he  seemed  to  be  associated  with  J. 
W.  Booth  and  the  others  you  have  ment  ioned.  A.  He 
was:  but  whether  he  came  there  before  Booth  or  not  I 
could  not  say.  He  was  one  of  that  clique  of  men  who 
confederated  together. 

Cross-examination  by  Samuel  Foster— Q.  You  say 
vou  were  acquainted  with  poisons  by  the  name  of 
Pavne,  neither  of  which  is  the  prisoner  at  the  bar.  I 
ask  you  whether  you  knew  where  they  came  from,  or 
anvthing  about  them?  A.  Only  from  what  I  heard 
fro"m  general  reputation;  I  heard  these  were  a  party 
who  originally  came  from  Kentucky;  that  they  had 
been  in  the  counterfeiting  business.  ■ 

Q.  What  time  was  it  that  you  saw  these  men?  A. 
John  Payne,  who  boards  there,  came  to  the  house 
every  day,  and  was  still  there  when  I  came  away. 

Q.  Did  "you  see,  about  the  time  that  yon  saw  these 
P.aynes,aman  by  the  name  of  Montgomery?  A.  I 
saw  no  man  by  that  name  that  I  know  of. 

Q.  Did  you  ever  see  the  Paynes  there  in  company 
with  a  m'an  named  Cleary?  A.  I  have  John  Payne;  I 
could  not  sav  I  have  the  other. 

Q.  Did  you  everseeeither  of  them  In  company  with 
C.  C.  Claj-'?  A.  I  never  saw  Clay  but  very  little;  I  have 
seen  them  in  company  with  Sanders,  Tucker  and 
Blackburn  every  day. 

ByJudgellolt.— Q.  Could  you  name  any  other  Rebels 
in  Montreal  who  constituted  a  part  of  this  circle  you 
have  named?  A.  I  could  mention  General  Carroll,  ol 
Memphis,  B.  Wood,  a  man  about  thirty-five  years 
old,  a  gentleman  by  the  name  of  Clark,  and  an  old 
gentleman  from  Florida  who  wore  a  queue;  I  thijuk  hia 
name  was  Westcott. 

Q.  Do  you  remember  a  man  from  Indiana  byname 
of  Dodge?    A.  I  do  not  recollect  him  now. 

Q.  Or  a  man  by  the  name  of  Walker?  A.  No  sir;  I 
know  many  rneii  I  met  every  day  but  I  do  not  know 
their  names.  They  rather  gave  me  the  cold  shoulder 
after  they  found  m"y  sympathies  were  with  the  North, 
and  had  very  little  to  say  to  me. 

Bv  Mr.  Aiken.— Q.  Do  you  recollect  Dr.  Morrill 
there?  A.  No,  not  by  that  name;  I  might  remember 
him  were  I  to  see  his  photograph. 

Q.  Did  C.  C.  Clay  have  a  room  at  the  St.  Lawrence 
Hotel?    A.  I  could  not  say. 

(J.  Did  you  see    Payne  go  to  the  rooms  of  any  of 
I  tUese  persona?     A.  I  once  saw  him  coming  out  of 


108 


TRIAL   OF   THE   ASSASSINS   AT  WASniXGTOX. 


Sanders'  room:  I  never  saw  him  going  in  or  coming 
out  of  any  ot'  the  otbors. 

Q.  And  you  are  sure  he  bears  no  resemblance  to  the 
prisoner  at  t lie  l)ar?  A.  Very  little:  he  was  an  older 
man:  I  should  not  think  of  bis  being  any  relation  to 
the  man:  there  is  no  resemblance  that  I  discover. 

Testinaony  of  Godfrey  J.  ISyams. 

By  Judge  Holt.— Q.  Where  have  you  resided  during 
the  past  year?    A.  At  Toronto,  Canada. 

Q.  State  whether  or  not,  while  there,  you  made  the 
acquaintance  of  Dr.  Blackburn.  A.  Yes  sir  I  did, 
about  the  middle  of  December,  ISC:J:  I  knew  him  pre- 
vious to  that  b.v  sight,  but  I  never  had  any  conversa- 
tion with  him:  I  have  known  him  since  that  rime. 

Q.  Did  you  know  him  as  in  the  Coniederate  service? 
A.  I  did  not  know  he  was  in  the  Confederate  service; 
I  knew  he  was  doing  work  lor  the  Conlederates. 

Q.  State  what  arransements,  if  an.v,  this  Dr.  Black- 
bum  made  with  j"ou  lor  the  purpose  of  introducing  the 
yellow  lever  into  the  United  fjtatos:  giveall  the  parti- 
culars of  your  arrangements;  what  was  done  under  it. 
A.  I  was  introduced  to  Dr.  Blackburn  by  the  Eev. 
Stewart  TiObiiison  at  tjueens  Hotel.  Toronto;  Dr. 
Blackburn  was  about  to  take  South  some  soldiers  who 
had  escaped  from  Northern  prisons;  I  a.sked  him  if  he 
was  going  .'-^outh  himself;  he  asked  me  if  I  wanted  to 
go  South  and  serve  the  Confederacy:  I  said  I  did:  he 
then  told  me  to  come  up  stairs,  that  he  wanted  to  speak 
to  me;  I  went  up  stairs  with  him  into  a  private  room; 
he  offered  his  hand  to  me  as  a  Freemason  in  friendship 
and  said  he  would  never  deceive  lue;  that  he  wanted 
to  place  conlidonce  in  me  for  an  expedition:  he  asked 
me  if  I  would  like  to  go  on  an  expedition;  I  told 
him  I  did  not  care  if  I  did:  he  said  I  would 
make  an  independent  fortune  by  it— at  least  one  hun- 
dred thou^^and  dollars- and  more  glory  than  General 
Lee;  that  I  could  do  more  for  the  Southern  Coulede- 
raeythau  if  I  had  takenonehuudred  thousand  soldiers 
to  reinforce  General  Bee;  I  considered  alter  a  time, 
and  told  him  I  would  go;  he  then  told  me  ho  wanted 
me  to  take  a  certain  quantity  of  clothing— he  did  not 
say  how  much  (coats,  shirts  and  underclothing)— into 
the  States,  and  dispose  of  them  at  auction:  he  wanted 
me  to  take  them  into  'Washington  City,  into  Korlolk, 
and  as  far  South  as  I  could  go  where  the  General  Go- 
vernment held  ijossession;  he  wanted  me  to  sell  them 
on  a  hot  day  or  night;  it  did  not  matter  what  money  I 
got  for  the  clothes,  I  was  just  to  dispose  of  them  for 
what  I  could  get. 

Q.  What  did  ho  teil  you  you  were  to  receive  for  your 
services?  A.  He  said  one  hundred  thousand  dollars: 
he  said  I  should  have  sixty  thousand  dollars  as  soon  as 
I  reported  back  to  Canada,  and  that  if  the  thing  suc- 
ceeded I  could  make  one  hundred  thousand  times  as 
much. 

Q.  Where  were  you  to  get  possession  of  the  clothes? 
A.  I  was  in  Toronto  to  go  on  with  my  legitimate  busi- 
ness, and  if  I  left  I  was  to  inform  Dr.  Stuart  Kubinson 
where  I  was.  and  he  was  to  telegraph  or  write  to  me 
somewhere  about  the  month  of  January,  1SG4:  I  went 
on  with  mj*  work  until,  I  think,  the  8th  of  June, 
18(J4;  on  Saturday  night  I  had  been  out  to 
take  a  pair  of  boots  home  to  a  customer  of  mine: 
when  I  returned  my  wife  had  a  letter  in  her  hand 
from  Dr.  Kobinson,  which  he  had  just  called  and  left 
there;  I  called  on  Dr.  Eobinson  and  asked  him  what  I 
was  tfl  do:  Kobinson  said  he  did  not  know  anything 
about  it;  he  did  not  w^ish  himself  to  commit  any  overt 
act  against  the  United  States  Government;  that  I  had 
better  take  only  enough  money  to  carry  me  down  to 
Montreal;  I  had  a  letter  to  Mr.  Slaughter,  who  gave  me 
directions  to  proceed  to  Halifa.x,  where  I  was  to  meet 
Dr.Blackburn:  the  letterwas  dated  MaylOth,  lS64:from 
Havana  I  went  down  to  Halilax;  Dr.  Blackburn 
arrived  there  about  the  twelfth  of  July  from 
Havana:  he  sent  down  to  the  hotel  where  I  was  stay- 
ing and  I  went  to  see  him;  he  told  me  that  he  had 
clothing  there  which  had  been  smuggled  off,  and  in 
accordance  with  his  directions  took  an  express  wagon 
belonging  to  the  hotel  down  to  the  steamboat  landing 
and  got  there  oigbi  trunks  and  a  valise  ;  he  directed 
me  to  take  tlie  things  to  my  hotel  and  put  them 
in  a  private  room,  which  I  did.  and  notified  Dr. 
Blackburn;  he  asked  me  if  I  would  take  the  valise 
into  the  States  and  send  it  by  express  accompanied 
with  a  letter  as  a  present  to  President  Lincoln;  I  ob- 
jected, and  the  valise  was  taken  to  his  hotel:  he  ordered 
me  to  scratch  the  marks  off  the  trunks;  they  had 
Spanish  marks  on  them;  he  told  me  a  man  would  go 
with  me  the  next  morning  to  make  arrangements  with 
one  or  two  vessels  going  to  Boston  to  smuggle  the 
trunks  through:  1  went  down  as  directed,  and  made 
BJiplication  to  Captain  McGregor;  I  do  not  remember 
the  name  of  the  vessel;  the  one  who  went  with  me 
had  a  consultation  with  Captain  JIcGregor;  I  do  not 
know  what  he  said,  but  Captain  McGregor  refused  to 
take  the  trouble:  we  next  went  to  the  barque  7/«/i/a.r, 
Captain  J.  O'Brien:  the  olHcer  who  was  with  me 
said  I  had  some  goods  I  wanted  to  take  to  my  friends, 
nudpresents— silk  and  satin  dresses,  <S:c.,  and  that  he 
wanted  to  make  an  arrangement  to  smuggle  them 
Into  Boston:  the  captain  and  he  had  a  private  con- 
sultation; when  they  came  out  he  consented  to  take 
thcva  on  the  JI(ilij'(t.r.  and  smuggle  them  in;  he  took 
them  on  board  his  vessel   that  day,  on  arriving  at 


Boston  itwasfiYe  days  before  we  got  an  opportunity 
of  getting  them  off.  but  hesucceeded  at  last  in  doing  it. 
and  expressed  them  through  to  Philadelpiiia:  from 
there  1  brought  thorn  to  Baitimore,  and  brought  Jive 
trunks  hereto  Washington;  four  of  them  1  gave  to  a 
man  representuig  himself  as  a  sutler,  from  Boston,  by 
the  nameof  Myers;  1  understood  at  the  lime  he  was  a 
sutler  in  Sisel  s  army;  he  said  he  had  Ibund  some 
goods  t  hat  he  was  to  take  to  Newborn,  Nortii  Carolina; 
my  instruct  ions  were  to  make  a  market  lur  the  goods, 
and  1  turned  them  over  to  him;  Dr.  Blackburn  told  me 
at  the  time  that  he  would  have  about  f  loii.iino  worth  of 
goods  got  together  that  summer  to  be  disponed  of. 

Q.  What  did  he  state  to  you  was  his  object,  if  anv,  in 
disposing  of  thosegoods?  A.  To  destroy  the  army,"and 
anybody  in  the  countiy. 

Q.  Did  he  state  that  these  goods  had  been  carefully 
intected  with  fellow  lever?  A.  Yes  sir. 

Q.  Did  he  explain  to  youtheprocess  bv  which  he  had 
infected  them?  A.  He  did  not;  he  told  me  there  were 
other  parties  engaged  in  it,  he  did  not  say  who  they 
were,  who  were  about  infecting  other  goods  with 
small-pox,  yellow  fever,  and  soon. 

Q.  Did  you  understand  that  the  goods  in  this  valise, 
intended  to  be  sent  as  a  present  to  President  Lincoln, 
had  also  been  carefully  injected  withyellow  lever?  A^ 
I  understood  him  it  had  been  iufec'tcd  with  yellow 
fever  and  small-pox:  I  declined  to  take  them. 

Q.  Did  you  ever  learn  from  him  whether  he  had 
ever  sent  tnat  valise  to  the  President?  A.  No,  I  did 
not;  I  have  heard  it  was  sent  to  him. 

Q.  What  dispositiouof  this  trunk  and  clothes  did  vou 
make  in  Washington?  A.  I  turned  them  overto'W. 
L.  Wall  &  Co..  commission  merchants:  1  requested  an 
advance  on  them;  they  gave  me  an  advance  of  if  100, 
and  I  went  back  to  Canada. 

Q.  Do  yt'U  remember  the  date  ot  that  transaction?  A. 
I  think  it  was  about  the  12th  of  August,  IHia;  it  was  the 
largest  ol  the  Cve  trunks:  it  had  two  watches  in  it,  and 
was  known  as  "big  No.  2;''  my  orders  were  to  be  sure 
and  have  the  trunk  sold  in  Washington. 

Q.  Did  you  send  any  of  the  others  further  South  or 
were  ihe.v  all  left  hero?  A.  I  turned  them  uvcr  to  the 
sutler,  who  put  them  in  a  steamboat  lor  Kor.olk:  lap- 
plied  to  General  Butler  for  a  pass  to  go  through  u.yself, 
but  the  reply  was  that  thearmy  was  about  to  move, 
and  that  no  persons  would  be  allowed  a  pass  not  con» 
nected  with  it. 

Q.  State  what  occurred  on  your  return  to  Canada.  A. 
I  went  throu-h  to  JIamilton  without  stopping:  tliere  I 
had  to  wail  for  the.cars,  and  was  met  by  Mr.  Holcomb 
and  C.  C.  Clay;  they  both  shook  hands  w.th  me, 
greeted  me  heartily,  and  congratulated  me  oa  mv  sa.e 
return  and  on  my  making  a  fortune;  thevtoid'mel 
should  be  a  gentleman  for  the  future;  I  telegrai)hed  to 
Dr.  Blackburn,  who  was  then  Slaying  at  Jlonire;'.!.  as 
Mr.  Holcombhad  told  me,  that  I  had  returned;  the 
next  night  between  11  and  12  o'clock.  Dr.  Blacicoiirn 
came  up  and  knocked  at  the  door;  1  was  in  bed.  br.t 
lookedout  of  the  window  and  saw  Dr.  Blackburn:  he 
told  metocome  down  and  opeiithe  door:  that  1  was 
like  all  other  rascals  alter  doing  something  wrong, 
afraid  the  devil  was  after  me;  he  was  accompanied  by 
James  H.  Y'oung;  he  asked  how  I  dispostd  of  the 
goods,  and  I  toldhim;  hesaid  it  was  all  risht  if  "big 
No.  2"' had  been  disposed  of;  that  that  would  kill  at 
sixtyyards'  distance:  I  then  told  him  that  evervtoing 
liad  gone  wrong  in  my  business  there  since  1  b.ad  been 
away,  and  that  I  needed  somemoney;  hesaid  he  would 
go  toCol.  Thompsonand  make  arrangements  to  dr.iw 
on  him  for  any  nione.v  I  desirod;  he  sa  d  the  British 
authorities  had  solicited  his  attention  to  tue  yellow 
fever  raging  at  Bermuda;  that  he  was  going  unthere, 
and,  as  soon  as  he  came  back,  he  would  see  me;  I  went 
to  see  Jacob  Thompson  the  next  morning;  hesaid  that 
Dr.  Blackburn  had  been  there  and  made  arrangements 
to  pay  me  one  hundred  dollars  when  the  g  ods  had 
been  "disposed  of  according  to  his  directions:  I  told  him 
I  needed  the  money;  he  said:— "I  will  give  you  fifty 
dollars  now.  but  it  is  against  Dr.  Blackburn's  request; 
when  you  show  me  that  you  have  sold  tlje  goods  I 
will  pay  the  balance:  I  gave  him  a  receipt  for  fifty  dol- 
lars on  account  of  Dr.  Blackburn;  this  wus  the  lith  or 
I'ith  of  August;  the  ne.xt  day  I  wrote  a  lerter  to  Mr. 
Wall,  here,  saying  I  had  gone  to  Canada  s; nee  he  sold 
the  goods,  and  asked  him  to  remit  to  me  the  proceeds 
at  Toronto;  when  I  got  the  letter  of  William  L.  Wall 
I  took  it  to  Colonel  Thompson;  he  said  he  was  satis- 
lied  with  it,  and  gave  me  a  check  for  lilty  dollars  on 
the  Ontario  Bank  of  Montreal;  I  gave  him  a  receipt 
for  fifty  dollars  on  account  of  S.  P.  Blackburn. 

Q.  State  whether  or  not  Jacob  Thompson,  in  all  your 
connection  with  him,  seemed  to  have  a  perfect  know- 
ledge of  the  character  of  the  goods  you  were  selling? 
A.  Yes,  sir. 

Q.  Did  you  mention  to  him  the  large  sum  that  had 
been  promised  to  you  by  Dr.  Blackburn?  A.  I  did,  and 
he  said  the  Confederate  Government  had  appropriated 
$20it,0iK)  for  that  purpose. 

Q.  How  did  he  excuse  himself  for  not  giving  yoa 
more?  A.  When  Dr.  Blackburn  returned  from  Ber- 
muda, I  wrote  to  Montreal  and  told  him  I  wanted 
money:  he  made  no  reply:  I  then  sent  down  to  B.  H. 
"young:  subsequently  I  met  Dr.  Blackburn,  who  said  I 
had  written  him  very  hard  letters,  abusing  him.  and 
that  he  had  not  any  money  to  give;  he  got  into  his  car- 


TRIAL   OF   THE   ASSASSINS    AT  WASHINGTON. 


109 


riatje  and  drove  off,  and  nnver  gave  me  any  satisfac- 
tion, or  paid  meanytliingmore.  .     ,,r     ,, 

Q.  Mate  under  wliatname  you  passed  when  m  Wash- 
inc;tou.    A.  J.  M.  Harris.  .  ,  .^    -kt 

(4.  Where  didyiu  stop  in  this  city?  A/ At  theiSa- 
tional  Hotel,  and  1  broutrlit  the  goods  there. 

Q.  Can  you  give  tlie  precise  date?  A.  I  think  it  was 
the  5th  of  August,  lSij4. 

Q.  In  what  name  did  you  write  this  letter  to  Dr. 
Blackliurn?    A.  In  my  own  name. 

Q.  In  what  name  did  you  write  to  Mrs.  Hall?  A.  In 
the  name  of  J.  W.  Harris,  the  same  as  I  had  registered 
mvselt  at  llie  liuiel. 

Q.  Can  you  state  whether  C.  C.  Clay  and  Professor 
Ho  comb,  when  you  met  on  your  return,  in  tlieir  con- 
versaiion  with  you,  seemed  always  perfectly  to  under- 
stand tl.e  business  you  were  enpr.aged  in?  A.  Yes; 
alter  I  returned  back  to  Canada  I  met  Clay.  Holcomb, 
Preston,  ISeverly  Tuclcer,  IJr.  BlacUburn,  and  several 
other  gentlemen  at  t,lie  Clifton  House,  Niairara  Kails. 

Q.  TiieytUeu  had  a  knowledge  of  your  enterprise? 
A.  Yes  sir. 

Q.  And  they  complimented  you  upon  your  success? 
A.  llolciinil)  and  Clay  did. 

Q.  Uow  do  you  know  they  had  this  knowledge?  W.is 
there  a  conveisatiuu  between  them  that  leit  no  doubt 
on  your  mind  as  to  the  fact?  A.  In  the  conversation 
at  the  (_  lifion  ilouse  1  stated  that  I  intended  to  return 
that  niiiht  to  Toronto:  Lir.  lilackburn  had  no  money; 
he  told  me  that  he  would  no  to  H  ilcombe,  who 
had  Can:edprate  funds;  he  said  that  Holconibe  was 
going  tostav  there,  and  when  he  returned  he  would 
get  money  Irom  liim  tn-  Thompson  lor  the  expeditii  n: 
that  he  h;id  to  get  it  from  one  of  them;  X  nndi>rstood 
from  that  time  that  they  Knew  all  about  it;  I  never 
spoke  to  them  directly  about  it  at  all;  I  took  it  for 
giauted.  when  they  congratulated  me  on  my  safe  re- 
turn at  Hamilton,  thev  must  have  known  all  r.bout  it. 

Q.  Yon  s)ieak  of  Stuart  Itobinson,  a  divine,  of 
Louisville,  Kentucky;  who  introduced  you  to  Dr. 
Biackburn.  Did  he  seem  to  have  a  knowledge 
of  the  busine-s  you  were  engaged  in?  A.  Not 
from  me;  I  don  t  kiiViw  what  knowledge  he  had  from 
Dr.  Blackburn.  He  said  he  did  not  know  the  nature 
of  thebu-ine-s  I  was  going  on,  and  that  he  did  not 
want  to  commit  any  oven  act.  All  I  know  i.s  that  Dr. 
Eobins(>n  took  good  care  of  me  all  tlie  time  I  wlis 
tliere  tliat  lime  until  Dr.  Blackburn  wrote  for  me.  He 
did  not  give  me  any  money.  I  borrowed  iplii  to  come 
down  to  Montreal  from  Mr.  Preston.  I  went  down  to 
Montreal  and  saw  Mr.  Slaughter,  who  wa.s  to  furnish 
me  with  funds  to  take  me  to  Halifax.  He  said  he  was 
short  of  funds,  that  lie  had  lest  several  hundred  dol- 
lars by  tlie  failure  of  a  bamc.  He  gave  me  ^io  and 
said  I  had  better  go  to  Holcombe  at  the  Donegana* 
House.  I  saw  Mr,  Holcombe  and  told  him  I  was  sliort 
of  funds  and  wanted  §40.  He  said  I  h:id  better  take 
^50,  hut  1  replied  saving  I  did  not  want  it. 

The  Judge  Advocate  asked  the  ciiunsel  for  the  de- 
fense whether  they  desired  to  cross-examine  the  wit- 
ness 

Mr.  Aiken  replied  that  before  the  witness  was  dis- 
charged he  desired  to  know  whether  it  was  the  purpose 
of  theJudge  Advocate  to  make  use  of  the  testimouy  in 
the  summing  up  against  any  of  the  prisoners. 

Judge  Holt  replied  that  it  was  expected  that  refer- 
ence would  be  made  to  all  the  testimony  in  summing 
up,  but  tliat  the  object  of  this  testimony  was  to  connect 
the  Kebellion  with  this  crime. 

Testimony  of  Wm.  IL.  Wall. 

By  Judge  Holt.— Q.  Areyou  amerchant  in  this  city? 
A.  I  am  an  auction  and  commission  merchant. 

Q.  State  whether,  last  summer,  you  received  on  con- 
signment from  a  person  representing  hiniselt  as  J.  W. 
Harris,  certain  trunks  and  goods?  A.  While  I  was 
out  of  town  last  August,  my  hook-keeiicr  received 
from  a  par^y  named  Harris,  a  lot  of  shins  and  coats, 
which  he  d-'sired  to  be  sold  at  auction  the  ne.xt  morn- 
ing; thebook-keeper  said  he  would  sell  them;  he  asked 
for  an  advance  on  them,  and  ifloO  per  trunk  was  the 
amount  advanced,  and  the  goods  were  sold  the  next 
morning;  1  did  not  see  them  at  all. 

Testitnony  of  A.  Brenner. 

By  Judge  Holt,— Q.  Werejyou  employed  last  summer 
in  the  service  of  Mr.  Wall,  commission  merchant  in 
thiscitv?    A.  Y'essir. 

Q.  State  whether  in  the  nionth  of  August  a  man  re- 
presenting himself  as  J.  W.  Harris  sent  to  the  store  of 
Mr.  Wall  certain  packages  of  goods  for  sale.  A.  A 
n>an  calling  himself  Harris  brought  a  paeka^'e  ol 
goods  to  tl-,e  store  for  sale;  I  thought  him  a  sutler 
returning  home,  and  I  advanced  him  one  hundred 
dollars  upon  them  and  sold  them  the  next  day; 
he  said  tiiere  were  twelve  dozen  shirts,  but  there 
turned  out  to  be  more;  I  rendered  an  account  of  the 
sales  to  him  at  Toronto,  Canada,  with  the  balance  of 
his  money,  in  accordance  witli  a  letter  received  from 
him  directing  it,  which  I  have  here;  it  is  dated  at  To- 
ronto, Sejitember  1st.  1864,  and  he  slates  that  he  had 
written  to  me  previously  in  respect  to  five  trunks, 
containing  one  hundred  and  fifty  woolen  shirts  and 
twenty-five  coats,  but  had  received  no  response,  and 
asked  me  to  send  him  a  check  on  Kew  Y'ork  for  the 
proceeds. 


Q.  Do  you  remember  anything  about  the  marks 
which  were  on  these  trunks?  A.  Kosir;  I  remember 
the  shirts  were  tliruwu  promiscuously  into  the  trunks; 
I  sorted  them  out  into  packages  of  "a  dozen  and  sold 
them. 

Q.  Do  you  remember  whetherany  trunk  was  marked 
No.  2?    A.  We  marked  them  in  selling  them. 

By  the  Court.— Did  it  seem  to  be  new  clothing?  A.  I 
thought  when  I  first  o])ened  the  trunk  it  was  not,  and 
had  doubts  about  its  being  a  safe  investment,  but  on 
looking  further  I  saw  it  was  new;  it  appeared  to  be 
crammed  down  into  the  trunk. 

Q.  What  amount  d;d  the  shirts  bring?  A.  I  see  by 
the  account  sales  which  I  have  here  that  the  whole 
amount  was  6l4i'i)0. 

TestisMony  oT  Tbos.  £1.  Gjardtjer. 

Q.  State  wlietlier  or  not  you  came  up  iu  company 
with  Dr.  Mudd  to  Washington  last  spring.  A.  I  did, 
sir. 

Q.  state  the  date  of  the  visit.  A.  The  23d  day  of 
March.  I  think,  sir. 

Q.  State  what  t  nio  yoii  left  home  to  corae  up.  A.  On 
the2:id,  in  the  morning,  after  the  usual  breakfast  time. 
a.  State  tlie  purpose  of  the  vi-^it.  A.  We  came  up  to 
attend  a  sale  of  Ctovernment  horses,  which  was  to  take 
idaceon  Friday,  but  we  heard  it  was  to  take  place  on 
Tuesday,  and  so  were  disanixiinted. 

Q.  Go  on  and  state  where  you  and  Dr.  Mudd  were 
during  that  visit.  A.  Welelt  our  horses  at  Martins, 
walked  across  the  street,  came  down  tiie  avenue,  and 
went  to  a  carriage  factory;  we  then  went  to  a  liverj'- 
stable,  where  he  looked  at  some  second-hand  wagons, 
and  then  went  over  (HI  the  island  to  Mr.  Clark's,  and 
remained  there  till  about  darli,  till  thostore  was  ubou5 
to  close  up;  Dr.  Mudd  and  myself  walked  around  to 
Dr.  Herring's,  wliere  we  remained  some  two  or  three 
hours,  and  then  returned  to  Mr.  Clark's,  where  we  re- 
mained all  night;  theiiext  morning  we  took  leave  of 
Clark,  and  went  into  the  (.'ajiitol  to  look  at  the  paint- 
ings; we  then  wentand  tooic  the  street  car,  and  went 
up" to  Martin's  and  got  our  horses,  and  after  dinner  we 
leit  ajid  returned  home. 

Q.  Salewhoeleptwith  Dr.Mudd.  A.  Dr.Muddand 
myself  slejit  together;  there  was  t>ut  one  bed  iuthe 
room,  and  we  occupied  that. 

Q.  State  whether  you  and  Dr.  Mudd  were  separated 
during  tiie\'isit.  A.  Ko.sir;  not  at  all;  lam  confident 
that  11 1  no  time  were  we  out  of  one  another's  sight  from 
ourleaving  Martin's  until  we  started  back. 

Q.  Did  you  not  see  anything  of  Booth  during  that 
visit?    A.  No,  sir. 

Q.  Did  you  go  into  the  National  Hotel?  A.  No,  sir; 
I  think  we  .stopised  talking  in  iroiit  of  the  National 
Hotel  looking  at  some  Rebel  prisoners  passing,  but  we 
did  not  go  in. 

Q.  Do  you  recollect  the  contest  during  the  Congres- 
Bional  flection  in  your  district  in  which  Calvert  was 
the-Unioii  candidate  and  Harris  was  the  Secession  or 
opiiosing  candidate?  A.  Y'es  sir,  Harris  ran  as  a  Peace 
candidate. 

Q.  Do  you  know  which  one  Dr.  Mudd  supported? 

Objected  to. 

Q.  Do  you  know  on  what  ticket  Calvert  was  running? 
A.  As  an  uneunditional  Union  candiilate. 

Q.  Do  you  know  which  Dr.  Mudd  supported? 

Objected  to. 

Cross-examined  by  Colonel  Burnett.— Q.  Did  you  say 
that  Mr.  Calvert  was  running  as  a  better  Un  on  candi- 
date than  Mr.  Harris  at  that  election?    A.  Y'es  sir. 

Q.  Was  not  Mr.  Harland  a  candidate?  A.  I  don't 
know. 

Q.  Were  the  other  two  peace  candidates  both  of 
them?    A.  I  don't  know. 

Teslimioiiy  of  Mr.  Itonning'. 

Q.  State  where  you  live.  A.  In  Charles  county,  near 
Mount  Pleasant. 

(.i.  State  whether  you  are  acquainted  with  Dr.  Samuel 
Mudd.    A.  I  am  very  well  aei|Uaiiited  with  him. 

ii.  Areyou  aequainted  with  Mr.  Thomas  wlio  testi- 
fied here?    A.  Yes  sir,  1  was  raised  witli  b.^ili  of  them. 

U.  State  whether  or  not  Dr.  Mudd  and  Mr.  Thomas 
met  at  your  house  last  spring.  A.  Y'e^  sir,  between  the 
1st  and  ir,tli  they  bijtli  met  at  my  liot:se. 

Q.  Did  they  meet  at  any  other  time  this  Spring  at 
your  house?    A.  No  sir. 

U.  Did  they  come  together?  A.  Nosir:  Mr.  Thomas 
came  two  or"three  hours  Vie  ore  l>r.  Mtidtl. 

Q.  How  long  did  Dr.  Jiudd  stay  tliere?  A.  About 
half  an  hour;  I  don't  tliiuk  bestaid  over  hall'  an  hour. 

Q.  Were  you  present  a'l  the  time  Dr.  Mudd  was 
there?    A.  Yes  sir;  1  never  left  ttie  room. 

Q.  .State  whether  or  not,  in  that  (•(mversation  at  that 
time.  Dr.  Jludd  said  that  I'residoiil  l^incoln  was  an 
Abolitionist;  that  all  the  Cabinet  were  such,  and  that 
the  .South  could  in  t  be  subjugated  by  Abolition  doc- 
trine, and  that  the  President  and  Cabinet  would  all  bo 
killed  in  six  or  seven '.weeks.  A.  There  were  nosuch 
Words  spoken  111  the  house,  to  my  knowledge;  I  stopped 
there  all  the  time;  he  came  there  to  see  me  to  collect  a 
littledoctor's  bill,  and  sto)>pcd  thereabout  half  an  hour; 
as  I  walked  out.  Dr.  -Mudd  rose  and  followed  me  out;  I 
went  directly  l:ome;  Mr.  Thomas  stayed  with  mean 
hour  alterwards. 

Q.  Could  Dr.  ISludd  have  had  any  conversation  with 
Mr.  Thomas  without  you  hearing  it?    A.  Nosu';  even 


110 


TRIAL   OF   THE   ASSASSINS   AT   WASHINGTON. 


if  they  had  whispered  I  could  have  heard  it,  I  was  so 
close  to  both  ot  them. 

Q.  Was  any  part  of  the  statement  I  have  recited  to 
you  made  by  Dr.  Mudd  on  that  occasion.  A.  Isot  to 
my  knowledge. 

Q.  Do  you  think  you  would  have  noticed  it  if  it  had 
been?    A.  I  should  certainly. 

Q.  State  whether  or  not,  two  or  three  weeks  after 
that  occasion,  you  met  Mr.  Thomas  on  the  road  be- 
tween your  house  and  his,  and  whether  he  said  to  you 
that  at  your  house  Dr.  Mudd  had  said  that  the  Presi- 
dent and  the  Cabinet  and  every  Union  man  in  the 
State  of  Maryl.-md  would  be  killed?  A.  He  never  said 
euch  a  word:  I  never  lieard  a  word  of  that  kind. 

Q.  Neither  before  nor  after  the  assassination?  A.  No 
sir.  neither. 

Q.  Ou  that  occasion  did  Dr.  Mudd  say  that  he  did 
not  consider  the  oath  of  alleitiauce  worth  a  chew  of 
tobacco?  A.  Not  that  I  recollect;  there  never  was  a 
word  of  it  spoken. 

Q.  What  was  the  conversation  about?  A.  Daniel 
Thomas  was  saying  to  Dr.  Miutd  that  he  was  appointed 
a  deiective.  and  then  referred  to  others;  to  Dyer  and 
to  Dr.  Georc;e  Mudd,  and,  perhaps,  to  one  Hawkins; 
to  beinft  detective  as  well  as  he  could,  but  didn't  pre- 
tend to  catch  anybody  himself:  it  was  liis  duty,  he  said, 
to  go  to  their  houses,  but  be  said  he  never  would  catch 
any  body. 

Cross-examined.— Q.  Were  they  talking  during  the 
whole  half  hour?  A.  Yes;  they  were  detailing  a  lot 
of  foolish  things. 

Q.  What  did  Dr.  Mudd  say?  A.  I  had  no  conversa- 
tion with  them. 

Q.  What  did  Dr.  Mudd  say  to  Thomas?  A.  He  said 
that  he  was  a  jack. 

Q.  What  did  he  call  him  a  jack  for?  A.  Thomas 
eaid  he  was  appointed  a  Deputy  Provost  Marshal,  and 
Dr.  Mudd  said.  "lam  a  better  "educated  man  than  you 
are,  and  I  am  not  fit  for  that  office,"  and  then  they 
talked,  and  Mudd  called  him  a  jack;  I  didn't  like  that, 
for  I  don't  suffer  jacka  to  come  into  my  house. 

Q.  How  long  werejT3u  gone  before  Dr.  Mudd  went 
out?    A.  Not  two  Sfconds. 

By  Mr.  Ewing.— Q.  Did  I  understand  you  to  say  that 
you  were  not  out  of  the  room  during  that  interview? 
A,  Yes,  sir;  I  was  sitting  about  one  yard  from  them;  it 
was  cold  weather;  we  had  not  wood  enough  on  the  tire, 
and  we  all  sac  close  to  it. 

Q.  You  heard  all  the  conversation?  A.  Yes,  sir; 
every  word  that  was  spoken. 

Testiuiony  of  H.  I^.  Mn<l«I,  Jr. 

Q.  Where  do  you  live?    A.  Near  Bryautown. 

Q.  How  far  from  the  accused?  A.  Three-quarters  of 
a  mile. 

Q.  Did  you  last  winter  or  spring,  in  company  with 
Dr.  Mudd.  cume  np  to  the  neighborhood  of  Washing- 
ton?   A.  Yes  sir. 

Q.  State  where  you  both  went?  A.  We  left  home  on 
the  lOth  of  April  and  stopped  about  twelve  miles  from 
■Washington.  We  went  to  Giesboro"  to  buy  horses  and 
stayed  there  till  lo  o'clock.  We  didn't  find  any  horses 
that  suited  us  as  they  were  nearly  all  diseased.  I 
made  a  proposition  to  go  down  to  Martin's  near  the 
bridge  and  get  some  dinner,  and  we  went  and  took 
dinner  there. 

Q.  Where  did  you  go  then?    A.  Directly  home. 

Q.  State  whether  you  were  separated  from  Dr.  Mudd 
during  that  visit.  A.  Not  during  that  visit;  we  were 
al!  the  timi'  together. 

Q.  State  whether  you  crossed  the  eastern  branch. 
A.  No  sir. 

Q.  Did  you  go  on  to  Washington?    A.  No  sir. 

Q.  State  whether  you  saw  auytuing  of  John  W'ilkes 
Booth  during  that  visit.    A.  No  sir,  I  did  not. 

Q.  Do  you  know  anything  about  any  other  visits  Dr. 
Mudd  made  to  Washington?  A.  Yes  sir,  on  the  2;;d  or 
24th  day  of  December  and  on  the  2jd  day  of  March  he 
was  there. 

Q.  Who  came  with  him  the  first  time?  A.  Jerry 
Dyer. 

Q,.  ^Vho  came  with  him  the  second  time?  A.  Mr. 
Gardner. 

(J.  State  whether  youknowanything.except  of  those 
two  visits,  iroiii  the  1st  of  January  to  the  present  time. 
A.  I  saw  him  three  or  four  times  a  week. sometimes  at 
church,  and  sometimes  at  home;  I  never  saw  him  any- 
where else. 

Q.  How  long  have  you  been  living  within  three-quar- 
ters of  a  mile  of  Mudd's  place?    A.  All  my  life. 

Q.  Did  you  live  there  last  year?  A.  No  sir;  I  was  at 
college,  but  I  came  home  on  the  2Pth  day  of  June. 

Q.  Have  you  been  here  ever  since?  A.  Yes  sir;  ever 
since. 

Ci.  Do  you  know  of  any  part  of  the  Confederate 
soldiers  being  about  your  brother'shousesince the  ;iuth 
day  of  July,l«j4?    A.  I  donotsir. 

Q.  Did  you  hear  orsee  John  Surratt  at  j'our  brother's 
house?  A.  Never,  sir. 

Q.  State  to  the  Court  whetlier  or  not  your  father  is  a 
land  owner  in  the  county.   A.  5f  es  &ir. 


Q.  How  large?  (Objected  to  by  Assistant  Judge  Ad- 
vocate i'.ingliam.) 

Q.  How  large  a  farm  is  it  that  your  father  has?  A. 
Between  four  and  live  hundred  acres. 

By  Colonel  Burnett.— Q.  Do  you  mean  that  he  owns 
it?  A.  Father  gave  it  to  him;  he  never  had  anv 
deed  for  it;  he  is  simply  there  as  a  tenant;  my  father 
owns  it. 

Q.  Don't  you  know  that  Dr.  Mudd  does  not  own  a 
foot  of  land  of  any  kind?    A.  I  do  not,  sin 

By  Mr.  Ewing.— The  Witness— I  have  always  under- 
stood that  the  (arm  was  set  apart  for  him  by  his  father: 
it  is  known  as  his  farm. 

Q.  Do  you  knowof  your  brother  having  sold  and  re- 
ceived the  proceeds  ot  any  land  belonging  to  your 
lather?  A.  Yes  sir;  the  land  on  which  Mr.  Porey  "now 
lives  he  bought  from  my  (atlier;  the  house  was  burnt 
down  and  mv  brother  sold  the  larm. 

U.  Who  held  the  title?    A.  My  father  .sir. 

Testimony  of  Mr.  Hardy. 

I  live  in  Charles  county,  two  miles  and  a  half  above 
Eryantown:  I  dined  at  the  house  of  Di.  Mudd's  fat'uer 
one  week  after  the  assassination:  a  messenger  canie 
for  him  to  go  to  his  own  house  and  X  went  with 
him:  we  met  Lieutenant  Dovett  in  Dr.  Mudd's  yard; 
Dr.  Mudd  introduced  fcieutenant  Lovett  to  me.  and  he 
then  walked  into  the  house,  and  Dr.  Mudd  told  Lieu- 
tenant Lovett  that  the  boot  was  in  the  house,  and 
asked  hiin  if  he  wanted  it;  I  think  he  mentioned  it  af- 
ter we  got  intoihe  house;  no  inquiry  ha  J  been  made 
belore  in  my  hearing. 

Q.  Was  anythingsaid  about  where  it  was  found  ? 
A.  Mrs.  Mudd  said  she  found  it  in  dusting  the  room 
under  the  bed. 

Cross-examination.- 1  don't  know  what  remark  was 
made  about  searching  the  house. 

By  Mr.  Kwing.— U.  Who  gave  the  boot  to  the  officer? 
A    Dr.  Mudd  himself. 

(i.  What  time  of  day  was  it?  A.  Between  12  and  1 
o'clock;  we  had  dinner  at  Dr.  Mudd's  fatlier  s:  I  didn't 
see  the  messenger;  I  think  it  was  Mr.  Davis'  child  ran 
in  and  said  Mr.  Davis  was  in  the  yard  and  wished  to 
see  Dr.  Mudd. 

Testimony  of  I>r.  Blandford. 

Q,  Where  do  you  live?  A.  In  Prince  George  county, 
about  twenty  miles  from  the  city. 

Q.  State  whether  or  not,  during  last  spring  or  winter, 
you  accompanied  Dr.  Mudd  towards  Washington.  A. 
I  did.  on  the  llth  of  April,  to  Giesboro',  to  attend  a 
saleof  Government  horses  there. 

Q.  Slate  who  was  in  company  with  him.  A.  His 
brother;  we  arrived  at  the  sale  before  the  hour,  and 
I  remained  there  with  him  till  twelve  o'clock, 
examining  horses;  they  were  of  an  interior  qualitv, 
and  he  made  no  purchases  during  my  stav  there:  at 
about  halt-past  twelve  o'clock  I  lea  him  and  made  an 
engagement  to  meet  him  again;  I  went  to  Washington 
and  got  back  to  Martin's  at  about  half-past  two  o'clock, 
and  found  Dr.  Mudd  there. 

Q,  When  you  started  ior  Washington  you  left  his 
brother  with  Lim  at  Giesboro*.    A.  Yes  sir. 

Q.  Did  you  liud  him  there  when  you  returned?  A 
Yes  sir. 

Q.  State  where  Martin's  is.  A.  On  the  forks  of 
the  road,  not  more  than  one  hundred  yards  from  the 
bridge;  one  road  leads  to  the  right,  and  "the  other  is  the 
stage  road  leading  into  the  country. 

U.  That  is  on  the  other  side  of  the  Eastern  Branch? 
A.  Yes  sir. 

Q.  Have  you  any  knowledge  of  Dr.  Mudd  offering  ro 
sell  his  farm?  A.  I  think  he  said  he  would  like  to  sell 
it. 

Q.  When  did  you  hear  him  speak  of  that?  A.  For 
several  years  back. 

Q.  What  place  did  he  refer  to?  A.  The  place  that  he 
lived  in;  I  heard  him  speak  of  it  in  the  last  eighteen 
mouths  several  times. 

Q.  How  long  did  you  stay  at  Giesboro'  together?  A. 
Till  eight  or  nine  o'clock. 

Testimony  of  Mr.  Martin. 

lam  acquainted  with  both  Dr. Samuel  iludd  and 
Henry  L.  Mudd,  and  also  with  Dr.  Blandford:  1  saw 
them  on  the  2;jd  of  March,  and  also.  I  think,  on  the  4th 
of  April  la.st;  both  Dr.Samueland  Henry  L.Budd  were 
at  my  house  for  one  or  twoliours;  Dr.  Blandlord  joined 
them  between  three  and  four  o'clock. 

Q.  Was  Dr.  Mudd  there  afterwards,  between  that 
time  and  the  assassination?  A.  No  sir;  neither  W..3 
Henry  L.  iludd  nor  Dr.  Blandford. 

Testimony  of  9Ir.  Montg'oniery. 

I  am  acquainted  with  the  prisoner.  Dr.  Samuel 
Mudd:  in  lus*  December  he  made  an  arrangement  with 
me  for  bringing  a  store  to  Wa.shington;  1  reckon  it  was 
on  the  22d  ot  that  month,  in  the  morning. 

The  Court  then  adjourned  till  ten  o'clock  to-morrow 
muruing. 


TRIAL   OF   THE   ASSASSINS  AT  WASUINGTON. 


Ill 


Washington,  May  30.— Visitors  of  both  sases 
continue  to  crowd  the  court  room  almost  to  suffoca- 
tion. At  the  trial  Messrs.  B.Hubbard,  John  E.Roberts 
and  Charles  E.  Follows,  of  Col.  Baker's  Detective 
Force,  are  in  attendance,  enforcing  order  and  cour- 
teously attending  to  their  appropriate  duties. 

The  record  of  the  previous  day  having  been  read, 
the  prosecution  proceeded  to  call  threo  witnesses,  the 
■ramaining  being  for  the  defense.  Their  testimony  was 
as  follows  :— 

Testimony  of  I^ewis  F.  Bates. 

By  Judge  Advocate  Holt.— Q.  State  where  you  re- 
side.   A.  lu  Charlotte,  N.  O* 

Q.  How  long  have  you  resided  there?  A.  Little  over 
Ibur  years. 

Q.  In  what  business  have  you  been  engaged  there 
during  the  past  year?  A.  1  have  been  engaged  as  Sli- 
perintendeut  of  the  Southern  Express  Company  lor 
the  State  ot  North  Carolina. 

Q.  State  whether  or  not  you  saw  Jefferson  Davis  re- 
cently at  Charlotte,  N.  C,  and  under  what  circum- 
stances. A.  He  stopped  at  my  house  on  the  lyih  of 
April  last. 

Q.  Did  he  make  an  address  to  the  people  on  that  oc- 
casion?   A.  lie  did,  on  the  steps  of  my  house. 

Q.  State  whether  or  not,  in  the  course  of  that  ad- 
dress, or  towards  the  close  of  it,  a  telegram  was  re- 
ceived by  him  announcing  the  assassination  of  the 
President  of  the  United  states.    A.  It  was. 

Q.  From  whom?    A.  From  John  C.  Breckinridge. 

Q.  Did  he  or  did  ho  not  read  that  telegram  to  the 
crowd?    A.  He  did. 

Q.  Look  at  this  (e.xhibiting  to  witness  a  telegram), 
and  see  whether  it  is  the  same  despatch?  A.  I  should 
say  that  it  was. 

The  despatch  was  then  read,  as  follows:— 

Greensboro,.  April  19, 1S65.— His  Excellency  Presi- 
iflent  Davis:— President  Lincoln  was  assassinated  in  the 
theatre  in  Washington,  on  the  night  of  the  14th  inst. 
Seward's  house  was  entered  on  the  same  night  and  he 
was  repeatedly  stabbed,  and  is  probably  mortally 
wounded. 

(Signed)  JOHN  C.  BRECKINRIDGE. 

Q.  State  what  Jefferson  Davis  said  alter  reading  this 
desratch  to  the  crowd.  Endeavor  to  recollect  his  pre- 
cise lani;uase.  A.  At  theconclusion  of  his  speech  to 
the  pecjple  he  read  this  despatch  aloud  and  made  this 
remark:— "  J/'  it  were  to  be  done  it  were  better  that  it  were 
doneweil." 

Q.  You  are  sure  these  are  the  words?  A.  These  are 
the  words. 

Q.  State  whether  or  not.  in  a  day  or  two  afterwards, 
Jeflerson  Davis,  John  C.  Breckinridge  and  others,  were 
present  in  your  house  at  Charlotte?    A.  They  were. 

Q.  And  the  assassination  of  the  President  was  the 
subject  of  conversation?  A.  A  day  ortwo  afterwards 
that  was  the  subject  of  their  conversation. 

Q.  Can  you  remember  what  John  C.  Breckenridge 
said?  A.  In  speaking  of  the  assassination  ot  President 
Lincoln  he  remarked  to  Davis  that  he  regretted  it 
very  much:  that  it  was  unfortunatelor  the  people  of 
the  South  at  that  time;  Davis  replied,  "  Well,  General, 
I  don't  k)iow;  if  it  tcere  to  be  done  at  all,  it  luere  belter 
it  ivere  well  done;  and  if  the  same  were  done  to  Andrew 
Johnson,  the  beast,  and  to  Secretary  Stanton,  the  job 
would  then  be  coiiiplrle." 

Q.  You  feel  coniident  that  you  recollect  the  words  ? 
A.  These  are  the  words  used. 

Q.  State  whether  or  not  the  regret  which  John  C. 
Breckenridge  expressed  at  the  assassination  was  be- 
cause of  its  criminality,  or  simply  because  it  was  un- 
fortunate for  til  e  people  of  the  South  at  that  time?  A. 
1  drew  that  conclusion. 

Q.  Was  there  any  remark  made  as  to  the  criminality 
Of  the  act?  A.  No  sir;  he  simply  remarked  that  he  re- 
gretted it  as  being  unfortunate  for  tl^^  South. 

Q.  Of  what  State  are  you  a  native  ?  A.  Of  Massa- 
chusetts. 

Testimony  of  J.  C.  Conrtney. 

Q.  Where  do  you  reside?    A.  At  Charlotte,  N.  C. 

Q.  In  what  business  were  you  engaged  there?  A.  In 
the  telegraph  business  in  connection  with  the  Southern 
Express  Company. 

Q.  Look  at  thetelegraph  despatch  of  which  Mr.  Bates 
has  just  spoken,  ana  state  whether  or  not  it  passed 
over  the  wires  at  the  date  indicated?  A.  Yes  sir;  that 
is  a  true  copy.  (A  copy  of  the  message  telegraphed  on 
the  19th  of  April  last,  to  Jeflerson  Davis,  was  shown  to 
witness.) 

Q.  From  what  point?  A.  From  Greensboro',  signed 
by  John  C.Breckinridge. 

Q.  This  despatch  was  sent  from  the  office  to  Jefferson 
Davis  at  Charlotte?  A,  When  the  me.ssage  was  re- 
ceived he  was  e)i  route  to  Charlotte;  it  was  delivered  to 
Uim  at  Mr.  Bates'  house,  in  Charlotte. 

Judge  Advocate  Holt  then  stated  that  inasmuch  as 
the  counsel  for  the  prisoner,  Spangler,  had  not  as  yet 
opened  the  case  for  the  defense,  ho  desired  to  call  an- 
other witness  for  the  prosecution  in  regard  to  that 
prisoner. 

No  objections  being  made,  the  following  witness  was 
called;— 


Testimony  of  Jacob  Ritterspacb. 

By  Asssistaut  Judge  Advocate  Bingnam.— Q.  State 
whether  you  were  a  carpenter  at  Ford's  theatre  down 
the  14th  of  April  last?  A.I  was. 

Q.  Were  you  present  on  the  night  of  the  14th  when 
the  Presideno  was  shot?  A.  I  was. 

Q.  Which  box  in  the  theatre  did  the  President  oc- 
cupy that  night?  A.  It  was  on  the  left  band  side  of 
the  stage,  the  right  hand  side  as  you  come  in  from  the 
front. 

Q.  When  the  shot  was  fired  did  you  hear  anybody 
cry  "Stop  that  man?"    A.  I  did. 

Q.  State  where  you  were  and  what  you  did  when  you 
heard  the  cry  "Stop  that  man?"  A.  1  was  staudingon 
thestage,  about  the  centre,  behind  the  scenes,  when 
somebody  cried  out,  "The  President  is  shot!"  Then  I 
saw  a  man  running  across  the  stage  towards  the  bacls- 
door;  ho  had  a  knife  in  his  hand;  I  ran  to  the  last  en- 
trance, and  as  I  came  up  to  him  he  grai>lii'd  for  me, 
and  struck  at  me  with  bis  knife;  I  jumped  back;  he 
then  ran  out  and  slammed  the  door  sliui:  tlieii  I  went 
to  open  the  door,  and  I  thought  it  was  kind  of  fast;  I 
couid  not  get  it  open  very  readily:  at  that  time  some- 
body cried  out,  "Which  way?"  and  I  answered  "This 
way."  Then  I  pot  out,  but  the  man  had  got  on  his 
horse  and  gone  down  the  alley;  I  then  came  in  and  met 
Spangler. 

Q.  What  Spangler?  A.  Edward  Spangler,  the  pri- 
soner, and  he  kind  of  slapped  me  on  the  mouth  with 
his  ojien  hand,  and  said,  ■'Don't  say  ichkii  rray  he 
went;"  I  asked  him  what  he  meant  by  slapping  me  in 
the  mouth,  and  he  said,  "  For  God's  sake,  shut  up!" 
that  was  all  he  said. 

Q.  When  you  went  out  that  door  had  anybody  else 
besides  the  "man  with  the  knife  gone  out  before  you? 
A.  I  did  not  see  anvbodv. 

Q.  Did  anybody  go  out  after  you?  A.  Yes,  but  X  do 
not  know  who  it  was. 

Q.  Did  you  leave  the  door  open  when  you  ran  out? 
A.  Yes  sir. 

Q.  What  was  your  business  on  the  stage?  A.  My  busi- 
ness was  to  shove  ihe  wings. 

Q.  State  what  sort  of  a  man,  if  any,  vv'ent  out  after 
you.    A.  I  thought  he  was  a  tall,  pretty  stout  man. 

Q.  Do  you  know  him?  A.  No  sir,  I  did  not  notice  him 
particularly. 

Q.  When  you  came  back  into  the  theatre  was  the 
door  open  or'shut?    A.  It  was  open. 

Cross-examined  by  Mr.  Ewing.— Q.  State  where  you 
were  standing  when  you  heard  the  pistol  hre.i.  A.  In 
the  centre-of  the  stage. 

ti.  Where  was  Spangler  then?  A.  He  was  about  In 
thesume  place,  just  about  where  we  shoved  off  the 
scenes;  hewas  standing  there,  and  seemed  to  look  pale. 

Q.  You  are  certain  you  both  stood  there  when  the 
pistol  was  fired?    A.  Yes  sir. 

Q.  Did  you  know  that  the  pistol  had  been  fired  im- 
mediately alter  it  happened?  A.  Not  right  away;  I  did 
not  know  what  had  happened  until  I  lieard  somebody 
halloo  "Stop  that  man;  the  President  is  shot." 

Q.  When  you  came  back  whereaDouts  was  Spangler? 
A.  In  the  same  place  where  I  left  him. 

Q.  Was  there  a  crowd  there?  A.  The  actors  were 
there  and  some  strangers;  there  were  .some  women 
standing  there  belonging  to  the  theatre;  I  do  not  know 
their  names? 

Q.  Do  you  not  know  one  of  them?  A.  I  do  not  know 
any  of  their  names,  not  having  been  acquainted  with 
them:  I  had  been  there  only  lour  weeks. 

Q.  Did  any  oue  of  them  take  any  part  in  that  play 
that  night?    A.  Yes  sir,  some  of  them  did. 

Q.  What  parts  did  they  take?  A.  I  do  not  know 
what  parts,  but  one  they  used  to-call  Jenaie. 

Q.  How  close  wivs  she  to  you  when  Spangler  struck 
you?    A.  About  threeor  four  leet. 

Q.  She  heard  Spangler  state  the  words  you  have 
given?    A.  I  do  not  know. 

Q.  He  said  it  loud  enough  for  her  to  hear?  A.  Not  so 
very  loud. 

Q.  He  said  it  in  the  usual  tone?  A.  Yes  sir,  he  looked 
scared  and  kind  of  crying. 

Q.  Did  you  hear  the  people  crying  "burn  the  the- 
atre?" A.  No  sir;  I  just  heard  them  hallooing  "hang 
him,  shoot  him."  that  was  all  I  heard. 

Q,  You  mentioned  what  Spanglerdid  and  said  to  you 
to  several  persons  since  then?  A.  Yes  sir;  I  do  not 
know,  I  think  I  told  some  detectives  that  came  there. 

Q.  Did  you  tell  either  of  the  Messrs.  Ford?  A.  No 
sir;  I  told  Gifford. 

Q.  What  did  you  tell  Gifford  that  Spangler  said?  A. 
I  told  him  Spangler  said  1  should  not  say  which  way 
he  ran. 

Q.  When  did  you  tell  Gifford?  A.  The  same  week.  I 
think  that  I  was  released  from  Carrol  prison,  the  week 
before  last. 

Q.  Do  you  not  know  what  they  called  the  detective 
whom  you  told  ?  A.  No  sir;  he  had  black  whiskers  and 
a  very  heavy  moustache,  and  weighed  about  I'U) 
pounds. 

Q.  Can  you  recollect  anybody  else  to  whom  you  told 
it?  A.  Imight  havesaidsomcthing about  itatthetable 
in  the  house  where  I  boarded. 

Q.  Did  you  see  Booth  open  the  door?  A.  Yes  sir. 

Q.  Did  you  see  him  shut  it  ?  A.  No  sir. 

Q.  How  close  to  you  was  this  big  man  who  run  out 
after  you  ?  A.  He  might  have  been  Uve  or  six  yards 


112 


TRIAL   OF   THE   ASSASSINS   AT  WASHINGTON". 


from  mo  when  I  heard  him  or  somebody  else  halloo 
out  "which  way:"  I  have  not  seen  that  man  since. 

Q.  How  Ions,' was  it  bel'oreyou  came  back  to  where 
Spangler  was  standing?  A.  It  might  have  been  two  or 
three  minutes. 

Q.  And  he  was  crying  ?  A.  He  looked  so;  he  seemed 
scared. 

Q.  What  did  you  say  to  him  before  he  spoke  to  you 
as  you  have  stated?  A.  I  did  not  say  anything. 

Q.  Were  you  at  supper  with  Spangler  on  the  night 
before  the  assassination?  A.  Yes  sir;  we  boarded  to- 
gether. 

Robert  Martin,  a,  witness  for  the  defense,  being 
called,  Slated  that  ho  was  mistaken  in  that  portion  of 
his  testimony  of  yesterday  rel'eriing to  the  visit  of 
the  prisoner,  ]Jr.  Samuel  A.  Mudd,  to  his  house  on 
the  4th  ot  April.  It  was  Jerret  Mudd,  not  the  prisoner, 
who  visited  him,  and  the  date  was  11th  instead  of  4th 
of  April.  The  witness  further  stated  that  the  prisoner, 
in  company  with  Jerrett  Mudd,  called  on  him  while  he 
was  in  market  in  Washington  on  the  24th  of  December 
last,  and  that  he  saw  the  prisoner  again  on  the  2:id  of 
March,  in  company  with  Mr.  Lewellyn,  the  occasion 
of  these  gentlemen  stopping  over  night  at  his  house, 
and  that  he  did  not  recollect  seeing  him  on  any  other 
occasion. 

Jerry  Dyer,  a  witness  for  the  defense,  being  recalled, 
stated"tha"t  he  had  never  gone  into  Virginia.  He  in- 
tended to  say  tliat  he  had  not  crossed  the  Potomac 
since  ISGl.  but  did  get  to  Itichmond,  Virginia,  at  that 
time  with  the  party  who  had  been  sleepi'nginthepines. 

By  Assistant  Judge  Advocate  Bingham— Q.  Who 
were  the  parties  whom  you  accompanied  to  Richmond 
at  the  time  of  which  you  speak?  A.Ben.  Gwynn  and 
Andrew  Gwynn. 

Q.  That  was  after  the  Kebellion  commenced?  A. 
Yes  sir. 

Q.  Did  you  see  Jefferson  Davis  while  j^ou  were  in 
Richmond?  A.  I  did,  but  I  never  spoke  to  him  in  my 
life;  I  remained  in  Eichmond  only  about  a  week,  and 
did  not  meet  with  any  of  the  officers  of  the  Ilebel  or- 
ganization there  except  Taylor,  to  whom  I  went  to  get 
a  pass, 

Q,  What  business  took  you  to  Richmond?  A.  I  went 
there  to  avoid  arrest. 

Q.  You  iDrelerred  to  fall  into  the  hands  of  the  enemy? 
A.  I  regretted  very  much  the  necessity  of  going  there. 

Q.  To  what  pines  do  you  refer  in  your  testimony?  A. 
To  the  pines  about  Dr.  Mudd's  house. 

Q.  Did  you  sleep  in  the  pines  at  night?    A.  Yes  sir. 

Q.  Who  fed  you?    A.  Dr.  Samuel  A.  Mudd. 

Mr.  Evving  objected  to  a  further  e.xamination  of  this 
witness,  as  all  til ese  facts  had  already  been  stated  by 
him  in  his  examination  in  chief 

General  Hunter  inquired  whether  the  witness  had 
not  sworn  that  he  was  a  loyal  man  and  had  been  such 
from  the  beginhing  of  the  Bebellion? 

Judge  Bingham  replied  that  he  so  understood. 

Q.  Did  you  not  belong  to  an  association  hostile  to  the 
Government  of  the  United  States?  A.  I  belonged  to  a 
cavalry  company. 

Q.  Was  it  not  the  purpose  of  that  organization  to 
Btand  by  the  State  of  Blaryland  in  any  position  she 
might  take,  loyal  or  disloyal?    A.  That  I  do  not  know. 

Q.  Did  you  not  publicly  proclaim  yourself  in  favor  of 
the  secession  of  Maryland?  A.  Not  that  I  am  aware 
of;  I  may  have  done  it. 

By  Mr.  Evving.— Q.  State  whether  when  you  went  to 
Virginia  you  entered  into  the  Confederate  service.  A. 
I  did  not;  I  did  not  go  ior  that  purpose. 

Q.  State  whether  when  you  returned  you  took  the 
oath  of  allegiance.    A.  I  did. 

Q.  State  whether  you  have  done  any  act  to  aid  or  en- 
courage the  Kebellion  since  taking  the  oath?  A.  I 
have  not.  that  I  am  aware  of. 

By  Mr.  Bingham.— U.  When  did  you  take  this  oath 
ot  allegiance?  A.  In  1861;  I  am  not  positive  as  to  that; 
I  know  it  was  a  short  time  after  I  returned. 

Q.  Who  administered  the  oath  ot  allegiance?  A. 
One  of  the  lieutenants  or  captains;  I  think,  down  at 
General  Hooker's  camp. 

Testimony  of  Ularcellus  Gardner, 

By  Mr.  Ewing.— Q.  State  whether  you  know  the 
pri.soner.  Dr.  Samuel  A.  Sludd.    A.  1  do. 

Q.  Stale  whether  lie  has  ever  said  anything  to  you 
about  oH'ering  his  land  (or  sale,  and,  if  so,  when?  A.  I 
have  heard  him,  on  several  occasions,  during  the  past 
two  years,  state  that  he  wanted  to  sell  out. 

Q..  Were  you  at  the  church  in  the  neighborhood  on 
the  Sunday  alter  the  asiassination?    A.  Yes  sir. 

Q.  Was  ihe  fact  of  the  a.ssassination  of  the  President 
then  known  and  talked  about  at  the  church?  A.  Yes 
air;  I  think  it  was  generally  known. 

Ci.  State  whether  the  name  of  the  assassin  was  gen- 
erally known.     A.  1  think  not. 

Q.  Did  you  see  Dr.  Mudd  there?    A.  Yes  sir. 

Q.  State  whether  you  heard  Dr.  Mudd  say  anything 
as  to  how  he  regarded  the  assassination. 

Assistant  Judge  Advocate  Bingham  objected  to  the 
question . 

Mr.  Ewing  said  that  he  had  again  brought  this  ques- 
tion before  the  Court  ibr  the  purpose  of  calling  iheir 
attension  specially  to  the  character  ot  the  declaration 
which  he  expected  to  prove,  that  Dr.  Mudd  spoke  of 
tUe  assassination  as  au  atrocious  and  revolting  crime, 


and  a  terrible  calamity  to  the  countrj"  and  that  he 
spoke  of  it  generally  among  his  neighbors  at  the 
church  in  that  way.  The  prisoner  was  charged  with  a 
concealment  of  the  fact  of  those  two  men  being  at  his 
house,  which  was  a  concealment  extending  over  Sun- 
daj',  and  his  declarations  showing  his  feelings  with  re- 
ference to  the  crime  during  the  time  he  was  alleged  to 
have  been  acting  accessory  to  it  were  admissable. 

The  objection  of  the  Judge  Advocate  was  sustained, 
and  the  question  was  not  put. 

Mr.  Ewingthen  stated  that  he  had  no  further  exami- 
nation  of  the  witness  to  make. 

Testiuaony  of  Jos.  K.  Saylor. 

By  Mr.  Stone.— Q.  Where  do  you  reside?  A.  In  the 
Eighth  Election  District  of  Prince  Georges  county. 
Maryland. 

Q.  State  whether  you  know  the  general  reputation  of 
Daniel  G.  Thomas  for  truth  and  veracity.  A.  I  know 
his  general  reputation  in  that  respect  pretty  well,  both 
from  report  and  observation;  it  is  bad. 

Q.  From  his  general  character  for  truth  and  veracity 
would  you  believe  him  on  his  oath?  A.  From  my  own 
knowledge  of  him  T  would  not. 

Q.  How  long  have  you  known  Thomas?  A.  Since 
he  was  a  small  boy. 

Q.  Did  you  know  his  general  character  for  truth  and 
veracity  before  this  war?  A.  I  have  known  him  all 
the  time;  I  never  heard  him  spoken  of  well  at  any 
time;  his  reputation  is  that  he  never  tells  the  truth 
when  a  lie  will  answer  his  pur]io,se. 

Cross-examined  by  Judge  Holt.— Q.  Did  you  ever 
know  of  INlr.  Thomas  speaking  falsely  when  under 
oath?    A.  I  never  knew  him  to  be  sworn. 

Q.  Did  you  ever  hear  it  charged  upon  him  that  he 
swore  falsely?    A.  I  do  not  know  that  I  ever  did. 

Q.  The  reputation  of  which  you  speak  is,  that  he 
talks  idly,  extravagantly  and  unreliably,  but  that  re- 
putation does  not  extend  to  any  statements  which  he 
would  make  while  under  oath.  A.  I  never  heard  that 
he  had  been  charged  with  swearing  I'alsely. 

Q.  Is  he  not  reported  to  be  an  honest  and  loyal  man 
in  his  neighborhood?  A.  Well,  he  is  sometimes  one 
thing,  and  sometimes  another,  just  as  the  prospects  of 
either  side  vary. 

Q.  Have  you  been  loyal  yourself  since  the  Bebel- 
lion?   A.  I  have. 

Q.  Have  you  constantly  desired  that  the  Govern- 
ment should  succeed  in  suppressing  the  Kebellion?  A, 
Always. 

In  reply  to  some  further  questions,  the  witness  said 
that  his  ground  for  suspecting  the  loyalty  of  Mr. 
Thomas  at  jjarticular  times,  were  based  uponwiiat 
that  person  had  told  others;  that  personally  he  was 
very  friendly  with  Mr.  Thomas,  their  residences  being 
near  each  other;  that  he  had  never  had  any  private  or 
political  dilferences  with  that  gentleman,  and  that  the 
reputation  of  Dr.  George  Bludd,  as  a  loyal  man  and  a 
supporter  of  the  Government,  was  universal  in  that 
neighborhood. 

Testimony  of  "Wni.  A.  Mtidd. 

By  Mr.  Stone.— Q.  Do  you  know  Dr.  S.  A.  Mudd?  A. 
I  do. 

Q.  How  far  do  you  live  from  him?  A.  About  a  milo 
and  a  half, 

Q.  State  whether  at  any  time  last  year  you  saw  a 
Captain  White,  from  Tennessee,  or  a  Lieutenant 
Perry,  at  or  about  Dr.  Samuel  Mudd's  premises.  A.  I 
never  did. 

ti.  Did  you  see  Andrew  or  Ben  Gywnn  or  George 
Gvv3-un  about  his  premises  at  any  time  last  year?    A.  ■ 
No  sir;  I  have  not  seen  Andrew  Gwynn  since  he  left 
for  the  South;  Mr.  George  Gwynn  I  have  seen  at  our 
church  several  times  since  he  returned. 

Q.  Did  you  see  any  person  staying  out  in  the  woods, 
about  Dr.  Mudd's,  during  last  yeai?  A.  I  did  not;  I 
never  saw  a  man  there  that  I  had  heard  of  as  having 
been  South,  except  one;  I  recollect  seeing  Mr.  Ben 
Gwynnat  the  Doctor's;  Irodeup,and  ascertained  from 
him  that  he  was  scouting,  or  something  of  that  kind; 
that  has  been  quite  three  years  ago;  it  may  li.ave  been 
in  the  first  j'ear  of  the  war;  it  was  ilie  time!  understood 
they  were  alter  him. 

Testimony  of  Francis  S.  Walsta. 

By  Mr.  Stone— Q.  Where  do  you  reside?  A.  I  have 
lived  in  this  city  since  lSo7.    I  am  a  druggist. 

Q.  Do  you  know  the  prisoner  Harold?  A.  Yes,  I 
have  known  him  ever  since  he  was  a  boy.  I  have 
known  him  intimately  since  October,  1SG3. 

(J.  Has  he  been  in  your  employ.  A.  He  was  for  nins 
months,  as  acierk. 

Q.  Slate  as  near  as  you  can  his  character?  A.  He 
lived  in  my  house;  I  knew  nothing  objectionable  in 
his  character.  He  was  like  most  young  men  light  and 
trifling  in  some  things,  but  in  his  moral  character  I 
s.aw  nothing  to  lind  fault  with.  He  was  temperate  in 
his  habits  and  regular  in  his  hours. 

Q.  State  whether  he  was  or  was  not  in  his  general 
character  more  of  a  boy  than  a  man?    A.  I  think  so. 

Q.  State  whether  or  not  he  was  easily  intluenced  or 
persuaded  by  any  one  around  him?  A.  I  should  think 
he  was:  more  easily  than  boys  or  young  men  of  his  age; 
he  was  l)(>3-ish  in  many  respects. 

Bv  Judge  Holt.— Q.  What  do  yo»  suppose  to  be  his 
age?   A.  Ahout  twenty-two  years. 


TRIAL   OF   THE   ASSASSINS   AT   WASHINGTON. 


Interior  View  of  the  Court  Eoom  Occupied  by  the 

Military  Commission. 


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The  above  is  .1  correct  drawing  ofthe  manacles  used  I  hands,  as  in  the  old-fashioned  shackle,  where  the 
In  conCuiingthe  arms  of  the  prl;oncr3.  The  wristlets  |  clasps  are  coixnectcd  by  chaki  links,  thus  effectually 
are  uttivclicd  to  an  icon  bar.  about  twelve  iiicbos  in  I  preventing  the  culprit  from  unfastening  or  breaking 
length,  which  prevents  the  wearer  irom  joiniuij  his  |  thens. 

(8) 


TRIAL   OF   THE   ASSASSINS    AT  WASriINGTOX. 


113 


Testimony  of  James  Kokes. 

By  Mr.  Stone.— Q.  Where  do  you  reside?  A.  I  have 
lived  at,  llieKavy  Yard  in  ibi.->ciiy  .■^inie  1S27. 

Q.  Lio  you  know  the  prisoner  Hurold?  A.  I  have 
known  him  Irom  his  birlh,  about  twenty-two  years,  1 
believe. 

Q.  Have  you  seen  a  good  deal  of  him?  A.  I  have 
been  intimate  in  his  family  tor  about  eighteen  or  nine- 
teen years. 

Q.  How  large  a  family?  A.  Seven  or  eight;  he  was 
the  only  son. 

Q.  State  what  is  his  general  character  for  boyish- 
ness; whetherlie  waseasi..vi'ersuu(ied  ur  led  away.  A. 
I  have  alw.ij-s  looktd  upon  him  as  a  light,  trifling  boy, 
of  very  little  reliability. 

Q.  Is  he  or  is  he  nut  easily  persuaded  by  anyone 
around  him?    A.  J  should  tliink  he  was. 

Q.  Wore  so  than  tlie  generali;y  of  young  men  of 
bis  age?    A.  Yes  sir,  X  am  certain  ot  that. 

Q.  Would  he  be  especiaLy  liable  to  be  led  away  by 
any  one  of  lascinating  address?  A.  1  have  never  heard 
him  enter  into  any  argument  with  au.v  one;  all  his 
conversation  that  I  have  heard  has  been  of  alight 
and  trifling  character. 

Testimony  of  William  H.  Kiellotts. 

By  Jlr.  Stone.— Q.  Where  do  you  reside?  A.  I  have 
lived  in  this  dt.v  for  fllleen  ytars. 

Q.  Stale  whether  you  know  the  prisoner,  Harold, 
well?    A.  1  do. 

CJ.  Have  you  known  him  all  the  time?  A.  Yes;  for 
neari.v  thirteen  yuais. 

Q,.  Siate  whether  you  saw  him  during  the  month  of 
Februar.v  last?    A.  1  tuiiik  I  did. 

Q.  How  ol  ten?  A.  1  could  not  say  how  often;  I  was 
at  home;  I  live  next  duor  to  his  fatiier's,  and  have  oc- 
casionally seen  him  in  the  5"ard,  morning  and  alter- 
noon;  1  suppose  I  saw  him  neari.v  ever.y  day. 

Q.  State  whether  or  not  he  is  of  a  ti  iHiiig  character, 
and  easily  persuaded.  A.  I  believe  he  is;  I  saw  him 
veryoiten  in  boys'  comiiany;  Isliou.d  tliink  he  was 
more  of  a  boy  than  a  man;  he  never  associated  with 
men  at  all. 

Testimony  of  Emma  Harold. 

Bv  Mr.  Stone.— Q.  State  whether  you  are  the  sister 
of  the  prisoner,  Jiavid  K.  Ilaroid.    A.  1  am. 

ti.  Stale  whether  he  was  at  home  on  the  loth  of  Fe- 
bruary last?  A.  Yes;  I  remember  it  Jrom  the  lact  of 
seiiaiiig  a  valentine  to  him,  which  he  received  on  the 
15th. 

Q.  Had  you  any  talk  with  him  in  relation  to  that  va- 
lentineon  the  loth?    A.  JNo;  but  mysister  had. 

Q.  iState  what  was  thene.xt  date  .vou  can  fix  on 
wliicii  he  was  at  home?  A.  The  loth;  I  remeiliber  that 
date  b.v  the  lact  that  I  brought  a  pitcher  of  water  up 
stairs;  he  i:iet  meiii  t  lie  hall,  and  wanted  I  should  give 
it  to  hiui;  ho  tried  to  take  itaway  from  me;  1  held  on 
to  it,  and  it  spilled  over;  that  was  the  Sunday  morning 
after  St.  Valentine's  day. 

Q.  And  you  do  not  remember  his  being  at  home  be- 
tween these  times?  A.  He  was  at  home,  but  I  cannot 
fix  tue  day. 

Testimony  of  tien.  Edward  Johnston. 

The  Rebel  Major-General  Edward  Johnston  was  here 
called  to  the  stand. 

Cjen.  Howe.— Beiore  this  witness  is  sworn  I  wish  to 
submit  amotion  to  the  Court.  1  will  state  the  facts 
upoe  which  1  base  the  motion.  It  is  well  known,  as  it 
is  to  a  great  many  oliicersoi  I  lie  army,  that  the  per^on 
now  on  the  stand,  KUward  Johnston,  was  educated  at 
the  JSational  Military  Academy,  at  Government  ex- 
pense, and  Ihac  since  that  time,  lor  years,  he  has 
held  a  com  mission  in  t  he  ar  my  oi  the  United  States.  It  is 
well  known  in  the  army  lhalitisacondiiion])recedent 
to  resigning  acommiss.oii  tuat  anofficershou.d  take  an 
oat  ho  I  allegianceandfldelity  to  the  Government.  Inisul 
it  became  my  dut3'  as  a  n  olficer  to  lire  upon  uKebel  party 
ofwnichthis  man  was  a  member.  That  party  struck 
down  and  killed  loyal  men  who  were  in  tiieservice  of 
the  Government;  since  that  time  it  is  notorious  to  all 
the  oliicers  oi  the  army  that  the  man  now  here  intro- 
duced as  a  witne.ss  has  oi>enly  borne  arms  against  the 
United  States,  e.'icept  when  lie  has  been  a  prisoner  in 
the  hands  of  the  Government;  I  understand  that  it  is 
proposed  he  shall  testify  belbre  this  Couit;  becomes 
here  as  a  witness,  witu  his  lianils  red  with  the  biood  of 
his  lo.val  countrymen,  sliot  b.v  him  or  bj'  his  assistants, 
in  violation  of  his  solemn  oath  as  u  man  and  as  an 
oflicer;  I  submit,  thereiore.  to  this  Court  whether  he 
does  not  stand  in  the  eye  of  the  law  as  an  incompe- 
tent witness;  I  regard  the  ottering  as  a  witness  of  a 
man  standing  in  open  violation  of  the  obligations  of 
an  oath  administered  to  liim  as  an  officer  as  an  insult 
to  the  Court,  and  an  outrage  upon  the  administration 
of  justice;  I  move  that  this  man,  Edward  Johnston,  be 
ejected  Irom  the  Court  as  an  incompetent  witness. 

General  Ekin— I  rose  to  second  the  motion.  I  am 
glad  tnat  this  question  has  now  been  presented  to  the 
Court.  Iregaid  this  man  as  clearly  incompetent  as  a 
witness,  In  my  judgment,  of  all  the  men  in  this  coun- 
try, for  those  who  have  been  educated  by  the  (Joveru- 
ment,  nourished  b.v  the  Government,  protected  by  the 
Government,  and  who  have  joined  the  enemies  of  the 


Government,  to  come  into  a  Court  of  justice,  and  espe- 
cially he. ore  a  military  commission  ota  cliaractersuch 
us  that  here  assembled,  is  the  height  of  impeninence, 
and  1  trust  the  resolution  which  has  been  presented 
will  be  adopted  by  this  commission  without  hesita- 
tion. 

Mr.  Aiken— Before  the  Commission  decides  upon 
tliemotion  of  Gen.  Howe  it  is  proper  for  me  to  say 
that  I  was  not  aware  of  the  lact  liiat  because  a  person 
had  borne  arms  against  the  Government  it  would  dis- 
cpiali  y  and  render  him  iiicompetenl  as  a  witness. 
Tuerel'ore,  X  could  not,  of  course,  have  intended  any 
insult  in  introducing  Gen.  Johnston  as  a  witness.  It 
will  also  be  recoUeeted  that  at  least  one  witness  who 
has  borne  arms  against  the  Government  was  intro- 
duced here  by  the  J  u<ige  Advocate  without  objection  of 
any  member  of  the  Court. 

General  Kautz— Q.  Does  this  person  appear  here  as 
a  volunteer  witness? 

JSlr.  Aiken— He  does  not. 

The  Judge  Advocate-General- 1  feel  bound  to  say, 
that  as  aruleot  law,  belbre  a  witness  be  rendered  so 
in.amousasto  become  absolutel.v  incompetent  to  tes- 
tily he  must  be  convicted  by  judicial  proceeding, and 
the  record  of  that  proceeding  must  be  iiroduced  as  the 
basis  of  his  incompetency;  without  that  conditimi  any 
evidence  of  his  guilt  oiilj' ajiplies  tolas  credihiliiy. 

'this court  can  discredit  uim  as  lar  as  they  please 
upon  that  ground,  butldo  not  think  the  law  would 
authorize  the  Court  to  declare  this  witness  incompe- 
tent, howeverunworthy  he  may  be  of  credihiliiy. 

General  Lew  Wallace— I  hope,  for  the  sake  of  the 
character  of  this  investigation,  and  for  the  sake  of 
public  justice,  not  forthat  of  the  person  introduced  as 
a  witness,  but  for  that  of  the  prisoners  at  the  bar,  now 
on  trial,  the  officer  making  the  niotion  will  with- 
draw it. 

(ieneral  Howe— Upon  the  statement  of  the  Judge 
Advocate-General  that  this  person  ii  not  technically 
an  incom,  etent  witness,  I  withdraw  the  motion. 

By  Mr.  Aiken.— U.  What  is  your  present  status  as  a 
prisoner  of  war?  A.  I  am  a  United  States  prisoner  of 
war,  captured  at  Nashville,  now  confined  at  Fort  War- 
ren, in  Boston  harbor. 

Q.  Were  you  or  were  you  not  an  officer  in  the  so- 
called  Confederate  service,  and,  it  so,  of  what  rank? 
A.  1  was  aBrigadier-tieneralin  theConlederateStates 
army  from  the  year  iSja  up  t.j  the  date  of  my  capture. 

Q.  Did  you  have  a  higher  rank  than  that?    A.  I  did. 

Q.  Are  youacquainted  with  Henry  Steinacker?  A.  X 
am  acquainted  with  a  man  who  went  by  that  name 
and  who  represented  himself  to  me  as  Heury  Von 
Steinecker. 

Q.  Was  he  a  member  of  your  staff?    A.  He  was  not. 

Q.  Bid  he  rank  as  an  engineer  officer,  and  receive 
pay  as  such?  A.  He  did  not  rank  as  an  officer,  neither 
as  an  engineer,  staff,  or  line  officer;  he  was  a  private. 

Q.  To  what  regiment  and  company  did  he  belong? 
A.  He  belonged  to  the  Stonewall  Brigade,  Second  Vir- 
ginia Inlaiitry,X  think;  X  am  not  positive  on  that  point; 
X  do  not  remember  the  company. 

Q.  Was  the  Second  Virginia  Infantr.v  attached  to 
your  division?  A. It  was  part  of  the  Stonewall  Bri- 
gade, and  that  was  one  of  the  brigades  of  my  division. 

Q.  State  to  the  Court  how,  when,  and  under  what 
circumstances  Von  Steinacker  presented  himself  to 
you.  A.  In  the  month  of  May,  18(«,  a>man  accosted 
me  in  llichmond,  in  Capitol  Square,  by  my  name  and 
the  rank  I  bore  in  the  United  .States  Army,  as  Major 
Johnson;  lietold  me  he  had  served  under  nie— 

Judge  Bingham— What  luis  that  to  do  with  it?  there 
has  been  no  inquiry  made  as  to  his  services  under 
you— 

Witness— Well,  he  met  me  in  Richmond  and  ap- 
plied lor  a  position  in  the  Engineer  Corps,  stating  that 
he  had  served  uuler  me  previously;  that  he  was  a 
Prussiati  by  birth,  and  an  engineer  b.v  education,  and 
he  would  like  to  get  in  the  Engineer  Corps  in  our  ser- 
vice. 

Judge  Bingham— You  need  not  tell  what  he  said 

Witness- He  applied  to  get  into  our  service;  I  had 
no  such  position  to  give,  and  declined  giving  it,  and  he 
le.tme;  he  called  again  and  madea  second  applicatioa 
lor  the  position;  I  told  him  I  could  not  give  it  to  him;  I 
was  then  ordered  otf  to  Fredericksburg,  and  in  about 
a  week  this  man  appeared  there  again,  and  made  ap- 
plication lor  a  position  eith(  r  in  the  Engineer  Corps  or 
on  my  Stall;  I  told  him  I  could  not  give  him  a  position 
in  either,  but  that  if  he  would  enlist  as  a  private,  from 
his  representations  of  himself  as  an  engineer  and  a 
draughtsman,  X  would  put  him  on  duty  in  the  Engi- 
neer Corps  as  a  private;  oiithese  conditions  he  enlisted 
aa  a  private  in  the  Stonewall  Brigade,  Second  Virginia 
Inlantry,  and  X  assi;;iied  him  to  special  duty  at  head- 
quarters; he  was  to  act  as  draughtsman  anil  assist  my 
engineer  officer,  and  he  so  continued  to  act  till  I  was 
told  he  had  left. 

Q.  Was  he  subjected  to  court-martial  at  that  time? 

Question  objected  to  by  Judge  Bingham,  on  the 
ground  that  records  of  courts-martial  must  be  pro- 
duced,and  he  did  notthioktherewereanvcourtsdown 
in  Virginia  in  these  days  that  could  try  at  all. 

Mr.  Aiken  stated  that,  as  under  the  circumstances 
the  records  of  the  court  could  uot  be  produced,  jiarole 
evidence  could  be  admitted,  and  he  presumed  the 
question  was  not  seriously  objected  to. 


114 


TRIAL   OF  THE   ASSASSINS   AT  WASHINGTON 


The  ohjection  was  sustained  by  the  Coirrt. 

Q.  Wliere  iii  Virgiiiiiv  was  your  encampment  after 
the  buttle  of  Gettysburg?  A.  Wear  Orange  Court 
House. 

Ci.  1)0  you  know  or  not  of  a  meeting  of  the  officers  of 
tliat  Lii-is{jirteattliecanii(  of  tlie  Wceund  Virfjiuia  llet,'i- 
ment?  A.  X  know  nothing  of  it,  and  never  heard  auy- 
tiiiugof  the  I<ind. 

Ci.  Did  you  ever  learn  the  fact  that  a  secret  meeting 
was  li eld  there  at  that  time?  A.  I  never  heard  of  any 
sucn secret  meeting. 

Q.  iJid  j'ou  ever  at  anymeetinsof  the  officers  of  your 
division  iieiir  plans  di-^cussed  lor  the  assassination  of 
the  President  of  the  United  Stales?  A.  1  never  heard 
any  plans  discussed  in  any  meeting  of  ti  e  othcers,  nor 
did  1  ever  hear  the  assassination  of  the  President 
alluued  to  by  any  individuals  in  my  division. 

Q.  Are  you  acquainted  with  J.  Wiikes  Booth,  the 
aetor?    A.  I  am  not:  I  never  saw  him. 

Q.  Look  at  that  picture  (Booth's)  and  see  if  you 
ever  saw  the  man?  A.  Never,  to  my  knowledge;  1 
did  not  know,  in  lact,  there  was  such  a  njan  until 
alter  the  assassination  of  President  J.incolii. 

Q.  Have  you  a  personal  knowledge  of  the  lact  of 
Lieutciiant"lJavid  (Jockeriil  losing  a  horse? 

Judye  Bingham— I  object.  We  do  not  propose  the 
question  of  horse  stealing  here,  it  is  not  in  tlie  issue. 

Mr.  Aiken— The  charge  was  made  iu  tlie  paper  pre- 
sented that  Von  feteimcKer  had  been  guilty  of  horse 
stealing,  and  I  understood  we  were  to  be  permitted 
to  prove  any  allegations  in  that  paper. 

Colonel  Burnett— Anything  that  is  legitimate  and 
competent  to  be  proved.    We  d.d  not  go  further. 

The  objection  was  sustained  by  the  Court. 

Ci.  l)\d  you  ever  leani  anything  wnile  attlie  South  of 
a  secret  association  by  the  name  of  '  Tiie  ICnighls  of 
the  Golden  Circle."  or  "Sons  of  Biberty?"  A.  1  never 
belonged  to  any  such  association  myself,  and  never 
knew  any  one  who  was  reported  to  belong  to  them, 
and  never  knew  anythingof  them. 

Q.  While  in  Richmond  have  you  heard  it  freely 
spoken  of  in  the  street  and  among  your  acquaintances 
that  the  assassination  of  the  President  ottI.eUuited 
States  was  a  desirable  result  to  be  accomplished?  A.  I 
never  beard  itspoken  of  as  a  desirable  object  to  be  ac- 
complished; in  lact,  as  I  said  before.  I  never  heard  any 
olficer  or  person  allude  to  the  assassination  of  the 
Pres.dent  as  desir  'ble.  to  t'nebest  ofmyrecollection. 

Q.  Wai  \'on  Steiiiecker  a  member  of  Gen.  B'eukcr's 
Stall?    A.  Not  that  I  know  o.;  l.e  told  me  that  l.e  was. 

U.  Did  he  slate  to  j'ou  that  he  was  a 
deserter  from  our  service?  A.  He  stated  to  me  that 
Le  had  deserted  or  attempted  to  desert,  and  was  ap- 
Ijrehendcd. 

Cross-e.xamined  by  Judge  Bingham.— Q.  Have  you 
ever  been  in  the  service  of  the  United  biates?  A.  I 
Lave. 

Q.  Were  you  educated  at  the  United  States  Military 
Academy?    A.  Ytssir. 

Q.  How  long  had  you  been  in  the  army  of  the 
United  States?    A.  I  graduated  in  1S:J8. 

Q.  And  had  been  in  our  army  down  tothe  breaking 
out  of  tlieliehellion?    A.  Yes  sir. 

Q.  What  was  your  rank  in  the  army  at  that  time? 
A.  Captain  and  Brevet  Major  of  tue  bixtli  United 
States  liilantrv. 

Q.  State  how' yon  got  out  of  the  service  of  the  United 
States.  A.  I  tendered  my  resignation,  which  was  ac- 
cepted. 

y.  Tendered  it  to  whom?  A.  To  the  Adjutant  Gene- 
ral of  the  United  States;  I  tendered  it  in  May.  i;  61;  it 
was  not  accepted  for  three  or  four  weeks;  1  received 
the  acceptance  of  my  resignation  in  June  loUowing. 

Q.  Did  you  then  enter  into  the  Kebel  service.  A.  I 
went  to  my  home  in  Virginia,  where  i  remained  a  few 
weeks;  I  then  entered  the  Cimfederate  States' service, 
and  have  been  in  it  ever  since. 

Q.  What  was  the  final  rank  held  by  you  in  that  army? 
A.  iMajor-Geiieral. 

Q.  Were  you  a  INIajor-General  in  ISGS?  A.  I  was  for  a 
part  of  iserj;  I  think  my  rank  as  Major-Ueueral  Com- 
menced in  Pebruary  of  that  year. 

Testimony  of  Mrs.  Mary  E.  Jenkins. 

Examined  by  Mr.  Stone,— Q.  State  whether  you 
know  David  E."Haroln.    A.  Yes,  I  know  him. 

Q.  Can  you  stale  whether  he  was  or  was  not  in 
Washington  on  the  ISth  of  last  February?  A.  He  was 
at  my  house  on  the  l«th  and  received  my  rent;  I  have 
bis  receipt  to  show. 

TesliKiony  of  Mrs.  Potts. 

Examined  bv  Mr.  Stone.— Q.  State  whether  you 
know  one  of  tlie  accused,  David  E.  Harold.    A.  Yes. 

Q.  State  to  the  Court  whether  he  was  or  was  not  in 
Washington  on  Iheiuth  ol  February  last.  A.  1  cannot 
stale  whi'lher  he  was  or  was  not;  he  came  to  my  house 
on  the  UUh,  and  1  told  him  I  woud  send  the  nione.v  to 
the  house,  which  I  did;  1  did  laiisee  him  the  iie.\tday: 
be  used  to  come  to  my  house,  and  when  I  would  not  be 
prepared  to  see  iiim  I  would  lell  him  1  wouid  send  the 
money  to  his  bouse;  his  receipt  was  dated  tbe2utbof 
February. 

Testimony    of    the    Rehel    Major    H.    K. 
l>4»n^lass. 

Examined  by  Mr.  Aiken.— Q.  State  to  the  Court 


I  whether  you  ever  held  a  commission  in  the  so  called 
Con 'ederate  service?  A.  I  have.several;  my  last  com- 
mission was  that  of  Major  and  A.  A.  G.;  I  served  as 
such  on  the  staff  of  six  general  oflicers,  and  among 
others  on  that  of  Major-(ieneral  Edward  Johnston. 

Q,  Are  you  acquainted  with  Henry  Von  Steinacker? 
A.  I  know  a  man  by  the  name  of  Von  Steinacker;  I  do 
not  know  what  his  hrst  name  is. 

Q.  Was  he  or  not  a  jirivale  in  your  service;  and  if  so, 
in  what  regiment?  A.  He  was  iu  the  Second  Virginia 
Infantry.  «ionewa]l  Brigade. 

Q.  Did  he  receive  the  pay,  bounty  and  allowances  of 
a  private?    A.  I  don't  know. 

Q.  Do  you  reciiilect,  after  the  return  of  your 
army  from  Gettysburg,  where  it  was  encamped.  A.  I 
was  woundedat  Gettysburg,  and  left  m  the  hands  of 
the  enemy;  I  was  a  prisoner  lor  nine  months. 

Q.  When  you  returned  to  camp  did  you  meet  Von 
Steinacer  again?  A.  I  do  not  remember  seeing  him 
again.  I  got  a  letter  from  him  immediately  after  I 
returned  to  camp. 

(J.  Do  you  know  of  any  secret  meetings  ever  being 
held  in  your  camp,  at  which  tlie  assassination  of  Presi- 
dent Lincoln  was  discussed?    A.  No  I  do  not. 

Q.  Were  you  acquainted  with  J.  Wilkes  Booth,  the 
actor?    A.  No. 

By  the  Court.— Q.  "Were  you  ever  in  the  United  States 
service?  A.  I  was  not;  with  the  permission  of  the 
Court  X  would  like  to  make  a  statement.  General 
Howe,  "I  object  to. ihe  prisoner  making  any  state- 
ment." General  Foster,  "X  hope  the  witness 'will  be 
allowed  to  make  his  statement."  The  President,  "If 
no  further  objection  is  made  the  witness  will  proceed 
w:th  his  statement. 

Witness.  "X  just  wish  to  say  to  the  Court,  unrtersiand- 
ing  tliat  eviileuce  has  been  given  by  which  implicatioa 
has  been  cast  on  the  "Stoi.ewall 'Brigade,"  that  as  a 
man  who  has  held  positions  in  that  brigade  as  private, 
and  line  and  staff  othcer,  I  think  their  integrity  as 
men,  equal  to  their  rejiutation  for  gallantry  as  soldiers, 
would  forbid  them  to  be  employed  as  nigh;  assassins  or 
PresidentLincoln.  In  their  behalf  I  only  wish  to  say 
that  I  do  not  believe  they  knew  anything  about  or  ia 
the  least  sympathized  in"  any  such  unrighteous  or  un- 
soldierly  aclion." 

Testimony  of  Oscar  Ilenricks. 

Examined  by  Mr.  Aiken— Q.  Have  you  been  in  the 
service  of  tuo  so-called  Conlederaie  Stales.  A.  I  have 
as  engineer  oHicer  at  one  time  on  the  staff  of  General 
Edward  Johnston,  and  at  others  that  of  different  Gen- 
eral olliceis. 

Ci.  State  whether  you  are  acquainted  with  Henry 
Von  Steinacker?    A.  X  am. 

Q.  When  and  under  what  circumstances  did  that 
commence?  A.  He  was  detailed  by  me  as  draughts- 
man immediaiely  after  General  Johnston  took  com- 
mand. 

(i.  Was  he  employed  as  such?  A.  I  employed  him 
as  such. 

Q.  Did  he  ever  have  the  rank  or  pay  of  an  Engineer 
oflicer?    A.  He  did  not. 

CJ.  Are  you  acquainted  with  J.  Wilkes  Booth,  the 
actor?    A.  1  am  not. 

Q.  Did  you  ever  see  a  person  calling  himself  by  that 
name  in  camir?    A.  No  sir. 

Ci.  Do  you  know  of  any  secret  meetings  of  officers 
ever  takii.g place  in  your  camp,  at  whicn  theassassi- 
nation  of  President  Lincoln  was  discussed?  A.  None 
ever  did  take  plact". 

ti.  Did  you  ever  learn  the  fact  that  Von  Steinacker 
was  a  member  offjeneral  Blenker's  Statl? 

Question  objected  to  by  Judge  Bingham,  and  with- 
drawn. 

Ci.  D:d  you  ever  learn  the  fact  of  his  deserting  the 
service  of  theUnited  States? 

Ciuestiou  objected  to  by  Judge  Bingham,  and  with- 
drawn. 

Q.  Do  you  know  that  fact?  A.  I  do  not,  only  from 
his  statements  and  acknowledgments  on  several  oc- 
casions to  me. 

Ci.  Have  you  ever  heard  of  or  been  cognizant  of  a 
secret  treasonable  society,  lor  the  purpose  oi  the  assas- 
sination of  the  President  of  Ihe  United  States?  A.  I 
am  not  cognizant  of  any,  nor  have  X  ever  heard  of 
any. 

Ci.  Were  any  members  of  your  staff  or  yourself 
members  of  an  organization  known  as  Knights  ol',  the 
Golden  Circ'.e  or  .Sous  of  Liburiy.  A.  So  far  as  X  am 
concerned  X  never  have  been,  nor  do  I  know  of  any  ot 
the  othi-rs  having  been. 

Q.  Have  you  heard  <ieclarations  made  in  Richmond 
to  the  eHect  that  President  Lincoln  ought  to  be  assas- 
sinated ?    A.  X  have  not. 

Testimony  of  Tliomas  C.  Pfoft. 

Examined  by  ISfr.  Aiken— Q.  Where  do  you  reside  and 
what  is  your  "occupation  ?  A.  X  reside  in  l^rmce  George 
county,  and  have  been  tending  bar  at  Mrs.  Surratt'3 
place  lor  Mr.  X'lo.vd. 

Ci.  Did  you  see  Mr,  Flovdon  the  Mth  of  last  April? 
A.  Yes  sir.  X  saw  him  in  the  morning  of  that  day.  and 
also  just  hefore  sunset. 

Ci.  What  was  bis  Condition  at  that  time?  A.  He  was 
preity  tight  when  I  suwhiai;  he  was  going  around  to 
the  kitciien  iu  a  buggy;  he  had  been  to  Marlboro',  and 


TRIAL    OF   THE   ASSASSINS  AT  WASHINGTON". 


115 


was  carrying  rouud  there  some  f5?h  and  oysters:  I  did 
not  see  hiui  when  became  back,  and  tlie  next  I  saw  of 
him  lie  was  lixiiig  u  bi^'gy  Mrs.  Sirrratt  was  in. 

Q.  Had  he  been  for  weeks  lielbre  drinking  a  good 
deal?  A.  Yes.  he  had  been  tight  pretty  nearly  every 
day  and  night  too. 

Q.  Did  ne  really  have  the  appearance  of  an  insane 
man?    A.  He  did  at  limes. 

Cross-examined  by  J-.dge  Bingham.— Q,  Did  you  see 
him  tie  the  buggy  oiWrs.fciiirrati?  A.  With  assistance 
he  did;  1  do  noi  know  vvbetlier  Mr.  Floyd.  Mr.  Weicb- 
man  or  Captain  Gwynii  t.ed  it;  tliey  were  all  there;  I 
was  not  present  at  tbe  buggy;  I  saw  tbem  fixing  it.  and 
tbat  is  all  Isaw;  I  was  across  the  street, returning  from 
the  stable. 

Q.  And  do  you  know  how  tight  a  man  is  by  lool<ing 
across  the  street?  A.  No;  I  was  with  him  alter  that, 
nearly  all  night. 

By  Mr.  Clumpitt  — Q.  Do  or  do  you  not  Icnow  whether 
Mr.  Floyd  attended  Court  at  Marlboro'  that  day  ?  A. 
He  did. 

Q.  Where  did  you  first  see  liim  that  afternoon?  A. 
Driving  around  the  kitchen:  he  came  round  to  the  front 
of  the  house  while  Mrs.  Surratt  was  there. 

Q.  Did  you  hear  any  conversation  that  took  place 
between  Mr.  l>loyd  and  Mrs.  .Surratl?    A.  I  did  not. 

Q.  How  close  were  you  to  tlie  buggy?  A.  Probably 
fifteen  or  twenty  yards  olT. 

By  Judge  BinghaiQ.—Q.  What  Captain  Gwynn  was 
that  who  was  at  Mrs.  teurralfs  buggy?  A.  Captain 
Ben.  Gwynn. 

Q.  Upon  reflection  do  you  not  recollect  thatheliad 
gouebe  oreMrs.  Snrratt  came?  A.  I  do  not  recollect 
anything  of  the  kind. 

Testimony  of  J.  K.  Jenkins. 

E.xamined  by  Mr.  Aiken.— Q.  Where  do  you  reside? 
A.  In  Prince(jeorgecoun;y. 

Q.  Were  you  or  were  you  not  at  Surrattsville  on  the 
14th  of  April  last?    A.  1  was. 

Q.  Are  you  acquainted  with  Lewis  J.  Weichman? 
A.  Yes. 

Q.  Were  .youat  Surrattsville  at  the  time  he  drove  up 
to  the  house  with  Mrs.  t^urrait?    A.  Yes. 

Q.  Did  Mrs.  Surratt  or  not  at  tiiat  time  show  you  a 
letter?    A.  She  did.  from  George  Calvert. 

Q.  Did  she  show  yon  any  otlier  papers?  A.  She 
showed  two  judgments  obtained  by  Charles  15.  Calvert 
In  the  Circuit  (.'ourt  of  our  county,  agamslMr.  Surratt. 

Q.  Do  you  know,  of  ycmr  own  I:nowledge,  whetlier 
that  business  brouglit  Mrs.  8urratt  to  Surrattsville 
that  day?  A.  I  only  know  she  showed  me  this  letter 
and  judgments. 

Q.  Did  you  transact  any  business  for  Mrs.  Snrratt 
that aternoon?  A.  I  made  the  interest  out  on  the 
judgments. 

Q.  Did  she  express  to  you  during  her  entire  stay  at 
Surattsville  that  dav  any  wish  or  desire  to  see  John  M. 
Floyd?    A.  Sliedid  not. 

Q.  Were  you  at  the  place  when  Mr.  Floyd  drove  up? 
A.  Yes. 

Q.  NVhat  wa-s  his  condition  at  that  time?  A.  He  was 
very  much  intoxicated. 

Q.  Was  Jlrs.  Siuratt  upon  the  point  of  going  away 
when  Floyd  drove  up?  A.  Yes:  she  had  been  ready  to 
start  (or  some  time  before  Floyd  drove  up;  she  had 
business  with  Capttiin  ( J wyuu,  and  when  lie  came  she 
went  back  and  stopiied. 

Q.  At  what  time  did  you  leave?  A.  About  sundown, 
I  judge. 

Q.  Have  you,  during  the  last  year  or  two,  been  on 
terms  ot  intimacy  with  Mrs.  Surratt?    A.  Yessir. 

Q.  Have  you,  in  all  your  intercourse  with  hor,  heard 
her  breathe  a  word  ot  disloyalty  to  the  Government? 
A.  Kot  to  my  Icnowledge. 

Q.  Have  you  at  any  time  ever  heard  her  make  any 
remark  or  remarlvs  showing  her  to  have  a  knowledge 
of  any  plan  or  conspiracy  to  assassinate  tlie  President, 
or  any  memberof  the  Government?    A.  >,'osir. 

Q.  ilave  j-ou  ever  lieartl  licr  mention  at  any  time 
any  plan  lor  the  capture  of  the  President?  A.  1  have 
not. 

Ci,  Have  you  been  frequently  at  the  house  of  Mrs. 
Surratt  when  Union  tr^jops  were  p:-issing?    A.  Yes  sir. 

Q.  From  your  personal  knowledge  of  the  transac- 
tions that  occurred  then  and  tliere,  can  you  state 
whether  ornotshe  was  in  the  hihit  of  giving  thom 
milk,  tea.  and  such  other  nourishmentasshehad  in  the 
house?    A.  Yes,  frequently. 

Q.  W^assheiu  the  liabit  of  receiving  pay  for  U?  A 
Sometimes  she  did  and  somei  imes  she  did  not. 

Q.  Do  .vou  recollect  on  or  aiiout  the  time  of  a  large 
number  of  horses  escaping  from  Giesboro'  whether  ir 
not  any  of  them  were  taken  up  and  keiit  on  her 
premises?  A.  Some  of  them,  X  disremember  how 
many. 

Q.  Were  these  horses  fed  and  kept  by  her  or  not?  A. 
Yes. 

Q.  Were  they  all  given  up?    A.  Every  one. 

Q.  Do  you  know  whether  she  took  a  receipt  for 
them?  A.  She  received  a  receipt,  but  never  got  any 
pay. 

Q.  Can  you  state  whether  you  ever  knew  Mrs.  Sur- 
ratt tocommit  anj-  overt  act  of  any  description  against 
the  Government?    A.  I  never  did. 

Q.  Was  it  not  Mrs.  Surratt's  constant  habit  to  ex- 


press warm  symp.athy  for  the  sick  and  wounded  of  our 
army?  A.  i  do  not  remember  ever  hearing  her  say 
anytliing  about  that. 

Q.  Do  you  know  of  a  defective  eyesight  on  her  part? 
A.  I  have  been  present  when  she"  would  be  unableto 
read  or  sew  by  gaslight;  this  has  been  the  fact  for 
several  years. 

CI.  Do  you  recollect  on  any  occasion  of  her  failing  to 
recognize  immediately  friends  who  were  near  her?  A. 
I  do  not  recollect  any.  * 

Q.  Do  you  not  recollect  that  on  one  occasion  Mrs. 
Surratt  gave  the  last  ham  she  had  to  Union  soldiers? 
A.  1  do  not. 

Q  Do  j'ou  know  of  a  person  by  the  name  of  A.  S. 
Howell?  A.  Yes,  I  have  seen  him;  he  stopped  at  the 
hotel,  1  think  twice. 

By  Mr.  Clampit.— Q.  Did  you  or  not,  meet  Mrs.  Sur- 
ratt on  the  Tuesday  preceding  the  assassination?  A.  I 
can't  say  on  Tuesday;  it  was  a  lew  da3's  before. 

Q.  When  you  met  "her  did  not  you  ask  for  the  news, 
and  did  not  she  state  in  reply  that  our  army  had  cap- 
tured General  Doe's  army? 

The  question  was  objected  to  by  Colonel  Burnett,  as 
irrelevant. 

M  r.  Clarapit  said  he  desired  toshow  that  the  prisoner 
at  that  time,  exhibited  a  loyal  ieeling  in  the  matter. 

Cohmcl  Burnett  replied  that  the  only  legitimate 
means  ofproving  loyalty  were  to  jirove  her  reputation 
ior  and  acts  of  loyally;  these  could  not  be  proved  by 
hi'r  declarations. 

Mr.  Clampit  replied  that  as  the  Government  had  en- 
deavored to  prove  the  disloyalty  of  tbe  accused,  he 
thoughtit  was  competent  to  prove  her  loyaltv.  hut  he 
would  nevertheless  vary  his  question,  and  ask  the  wit- 
ness what  was  the  reputation  of  Mrs.  Surratt  for  16y- 
alty?    A.  Very  good. 

Q.  You  have  never  heard  her  express  any  disloyal 
sentiment?    A.  Kosir. 

Cross-examined  by  Colonel  Bnrnett. 

Q.  What  relation  are  you  to  the  prisoner,  Mrs.  Sur- 
ratt?   A.  She  is  my  sister. 

Q.  W'here  did  you  reside  while  she  was  living:  at 
Surrattville?  A.  About  a  mile  and  a  half  this  side, 
and  i  have  been  residing  theresince. 

Q.  Are  .vou  now  under  arrest?  A.  I  am.  I  was  ar- 
rested and  brought  here  last  Thursday  week. 

Q.  Where  were  you  on  the  evening  of  the  day  pre- 
vious to  your  arrest  ?  A.  At  Lloyd's  Hotel. 

Q.  Did  you  meet  at  that  place  Mr.  Coltenback? 
A.  Yes. 

Q.  Did  you  have  any  conversation  with  him  at  that 
time  in  reference  to  tuis  trial?  A.  Yes,  sir,  we  were 
talking  about  the  trial. 

Q.  ]>id  you  meet  a  man  by  the  name  of  Cottingham 
tliere?    A.  Yes,  I  went  there  witu  him. 

Q.  At  the  lime  you  met  Coltenback.  what  was  said 
about  the  trial  in  relerenceto  thewitnesses  summoned 
again' t  Mrs.  Surratt?  A.  I  think  I  told  him  I  would 
look  at  tlie  paper  and  see. 

Q.  Anything  e'se?  A.  Not  that  I  know  of;  I  might 
have  told  hiin  that  my  sister  (bund  his  family. 

tj.  What  relevancy  had  that  to  the  conversation? 
A.  I  disremember  howtiie  cmversation  commenced. 

Q.  Did  you  at  that  time  and  place  say  to  Mr.  Colten- 
back that  if  he,  or  any  one  like  him.  undertook  to  tes- 
tily agam-t  your  sister,  you  would  scethatthey  were 
got  out  of  the  way  ?  A.  I  did  not  say  anythingof  the 
kind. 

Q.  Did  you  say  j-ou  would  send  any  man  to  hell  who 
testified  against  your  sister?    A.  1  d.'d  not. 

Q.  D,d  yen  use  any  threats  against  him  if  he  ap- 
peared as  a  witness  against  your  sister?  A.  No,  noth- 
ing like  tliaf. 

Q.  State  what  you  did  say  on  that  subject?  A.  I  told 
him  I  understood  he  was  a  witne^s,  anci  he  .was  to  be  a 
strong  witness  against  my  sister,  and  I  told  him  he 
ought  to  be  as  she  hati  raised  his  family. 

Q.  Did  you  call  him  a  liar?    A.  I  disremember. 

Q.  W'as  there  any  anger  exhiliited  in  that  conversa- 
tion?   A.  I  did  not  mean  it  if  there  was. 

Q.  Did  j-ou  have  any  talk  abort  .lohn  Surratt  having 
returned  from  Bichmond?    A.  Not  to  m.vkuowledge. 

Q.  Did  you  talk  about  John  H.  Surratt's  going  to 
Richmond  or  mention  anything  about  a  paper  showed 
you  that  he  had  been  to  Richmond?  A.  No,  I  never 
mentioned  John  Surratt's  name. 

Q.  Did  you  see  the  letter  found  by  Mr.  Collenbach  In 
the  bar?    A.  I  did  not. 

Q.  How  did  you  learn  that  Mr.  Collenbach  was  to  be 
a  witness?    A.  He  told  me  himself. 

Q.  When  did  you  come  in  that  evening?  A.  I  think 
about  ten  o'clock:  I  went  in  with  Mr.  Cottingham. 

Q.  Did  you  or  did  you  not  use  any  threat  against 
Mr.  Collenbach?    A.  Not  to  my  knowledge. 

Q.  W'ouldntyou  know  it  if  you  had?  A.  I  think  I 
ought  to:  I  do  not  think  I  did  use  an5',  only  in  refe- 
rence to  the  public  press;  I  told  him  I  would  look  at 
his  statement. 

Q.  And  if  you  found  in  tbe  public  press  that  he  had 
testified  against  your  sister  what  did  you  say?  A.  I  do 
not  recollect. 

Q.  On  the  evening  of  the  14th.  when  you  saw  Mr. 
Floyd  and  Mrs.  Surratt  aud  Gwynn,  how  long  had. 
you  been  at  Floyd's  house?  A.  I  judge  it  was  about  two 


116 


TRIAL   OF  THE    ASSASSINS  AT    WASHINGTOK 


o'clock  when  I  got  tliere,  and  I  stayed  till  about  sun- 
down. 01-  a  littlt!  a  ter. 

Q.  How  many  porsons  did  you  5^89  there  during  that 
time?    A.  I  suiipose  Irom  ten  to  fi  teen. 

Q.  Dd  C.wynu  leave  belore  Mrs.  Surratt  did?  A.  I 
think  lip  d'd. 

Q.  Do  yoa  recollect  whether  be  saw  Mrs.  Snrratt  on 
that  occ:ision  or  not?  A.  He  did  sfe  ber  in  the  parlor; 
1  went  ill  at  the  door  as  be  spoke  to  ber. 

Q.  Who  w.'is  in  there?    A.  Mr.  Weicbman.  I  think. 

Q.  Did  you  .'-eeGwvnn  come  out?  A.  I  do  not  recol- 
lect that  I  did  see  him  when  he  leit  the  house  and 
went  home. 

Q.  D:dyon  hear  the  conversation  between  him  and 
Mrs.  Sm-ratt?  A.  No,  1  did  not  go  into  tlie  parlor  while 
tlioy  were  conversing. 

Q.  Y(u  have  been  asked  here  as  to  Mrs.  Surratt's 
loyalty?  What  has  been  your  attitude  towards  the 
Government  during  this  war?  A.  Perlectly  loyal,  I 
think. 

Q.  How  did  yo\i  stand  when  the  question  of  the  seces- 
sion of  MaryUuid  was  under  discussion?  A.  I  spent 
¥.■300010  holdlicr  in  the  I'niou.  and  everybody  in  that 
neighhorliood  will  tcsti'y. 

Q.  Have  you  nevertakenpart  inany  wavagainst  the 
Government  duriii.g  the  entire  w.r?  A.  Never  by  act. 
word.  .Tid  or.svmpalliv  with  the  Rebel-;. 

By  Mr.  Aiken.— Q.  S'a'e  if  you  know  for  what  you 
are  under  arrest?    A.  I  do  not. 

Q.  State  if  , von  had  any  conversation  with  Mr.  Cot- 
tingham  about  a  $3000  reward?  A.  OurCimmisRloners 
hail  otlered  IJIJOO'J  reward  to  an}' party  who  would  give 
in'ormation  on  the  subject  of  the  a^isassinsition;  he 
c'aimed  it  lor  tne  arrest  of  John  M.  Floyd,  and  asked 
me  if  I  wfukl  see  the  Commissioners  and  ascertain 
whether  he  wouldget  Ic  or  not. 

Q.  AVhen  you  staled  to  Collenback  that  he  ought  to 
be  a  stirring  witness  a'i^ainst  your  sister,  beciuse  she 
had  brought  U15  his  children,  did  you  mean  it.  or  did 
you  speak  ironicallv?    A.  I  did  not  mean  it  at  all. 

Q.  Is  it  a  iact  that  Mrs.  Surratt  did  rear  that  family  ? 
A.  Partially  so. 

Testimony  of  Anna  E.  Surratt. 

Q.  State  your  full  name.    A.  Anna  E.  Snrratt. 

Q.  Are  you  underarrest  at  the  present  time?  A.  Yes 
sir. 

Q.  When  were  you  a'rrested?    A.  On  the  17th  of  April. 

Q.  Are  you  acquainted  with  Atzeroth?  A.  I  have 
met  him  several  times. 

Q.  Where?    A.  At  our  house  in  Washington  citv. 

Q.  When  did  he  first  come  there?  A.  Sometime 
alter  Christmas;  I  think  It  was  in  February. 

Q.  Hiiw  longdid  he  remain  there  then?  .A.  He  did 
nots!ayover  night,  to  my  knowledge;  he  used  to  call 
sometimes  now  and  men. 

Q.  Can  you  state  from  your  own  knowledge  whether 
or  not  At/.evoth  was  given  to  understand  that  lie  was 
not  wanted  at  the  house?  A.  Yes,  sir;  mamma  said 
sliodid  not  care  to  havestrangers  tliere. but  we  treated 
bim  with  politeness,  as  we  did  every  one  who  came  to 
the  house. 

Q.  Do  yon  or  do  you  not  know  of  frequent  instances 
in  which  Mrs.  Surratt  failed  to  recognize  her  Iriends? 
A.   Yes  sir. 

Q,  Is  she  able  to  read  or  sew  by  gaslight?    A.  No  sir. 

Q.  Have  you  not  o  ten  plagued  her  about  wear'nq; 
spectacles?  A.  I  told  her  she  vi'as  toi  young-looking 
to  get  spectacles  yet.  aiid  shesaidshe  could  not  see  to 
read  or  sew  without  tliem  oldark  mornings;  she  could 
read  some,  butslieseldom  sewed  otadark  div. 

Q.  Do  you  know  Lewis  J.  Weichman?  A.  Yes. 

Q.  Was  he  a  boarder  at  your  mother's  house?  A. 
Yes  sir. 

Q.  How  was  he  treated  there?    A.  Too  kindly. 

Q.  Was  it  or  not  your  mother's  habit  to  sit  up  and 
■wait  lor  him  when  he  was  out  late?  A.  Yes:  just  as 
she  would  wait  for  my  l)rother:  We  chman  engaged  a 
room  for  Atzeroth;  when  became  We  c'aman  and  he 
used  I  o  make  private  signs  to  each  other. 

Q.  Did  you  refer  to  Atzeroth  or  Payne  ?  A.  To 
Atzeroth. 

Q.  At  what  time  did  Payne  first  come  to  your 
house?  A.  He  CLime  one  night  alter  dark,  and  left 
early  the  next  raoruin-T. 

Q.  How  long  was  that  before  the  assassination?  A. 
It  wr.s  after  Chris  mas,  not  very  long  aficr. 

Q.  How  many  time  ^did  become  there?  A.  He  stayed 
oneni'Jht  when  he  first  came  and  we  did  not  see  him 
again  for  smne  weeks:  it  was  Woichnian  who  went  to 
the  door,  and  it  was  Wrichman  who  brought  Payne  in 
there;  I  went  down  stairs  and  ti;ld  mamma  he  was 
there,  and  shesaid  she  did  not  understand  and  did  not 
likestrangers  coming  to  the  house,  but  to  treat  him 
politely  as  she  hid  been  in  the  lialiit  o(  treating  every 
one  who  came:  he  called  two  or  thr<,>e  times  after  that. 

Ci.  Did  be  ask  for  accommodations  for  the  niglit?  A. 
Yes  sir;  and  he  said  he  would  leave  the  next  morning, 
and  J  believe  he  did. 

Q.  Were  you  acquainted  with  Booth?  A.  Yes  sir,  I 
have  met  him. 

Q.  When  was  he  last  at  your  house?  A.  On  the  Mon- 
day before  theassassination. 

Q,  Did  your  mother  go  to  Surrattsville  about  that 
time?    Yes  sir;  on  Friday,  the  day  of  tlie  assassination. 

Q.  Do  you  know  whether   or  ubt  the  carriage  was  at 


the  door  ready  to  go  when  Booth  came?  A.  Yes,  I 
think  became  and  found  her  about  (o  go;  shehad 
beou  speaking  about  going  a  day  or  two  be  ore  that  oa 
a  matter  of  business,  and  she  said  she  was  obliged  to 
go. 

Q.  How  long  did  Booth  remain?  A.  Not  over  a  few 
tninutes;  he  never  sayed  long  when  became. 

CJ.  Do  j"ou  recognize  that  picture  as  ever  belonging 
to  you?  (The  picture  known  in  this  record  as  '■Sprmg, 
i-umnier,  and  Auiumn  "  was  sliown  to  ihewilness.) 
A.  Yes  sir,  it  was  mine;  it  was  given  to  me  by  Mr. 
Weichman. 

Q.  Was  there  any  other  picture  in  this  frame  ?  A.  I 
put  one  of  ]5ootlis  behind  it.  1  went  to  a  gallery  with 
Miss  Ward,  and  while  wo  were  there  we  saw  some  of 
Booth's,  and  as  we  know  him;  we  got  some  of  them, 
but  my  brother  told  me  that  he  would  take  them  away 
Irom  me  and  so  had  them. 

CJ.  Did  you  own  any  piiotographs  of  Davis  and  Ste- 
phens? A.  Yes  sir.  and  Gt'neral  Lee  and  General 
Beauregard  and  a  few  others;  I  don't  remember  theta 
all. 

Q.  Where  did  you  get  them?  A.  Father  gave  them 
to  me  before  his  deatn,  and  1  prized  them  very  highly 
on  liis  account. 

Q.  Did  you  have  no  photographs  of  Union  Generals? 
A.  Yes  sir;  of  General  McClellau,  General  Grant  and 
Joe  Hojker. 

Q.  Do  yo  1  recollect  the  last  time  you  saw  your  bro- 
ther?   A.  Yes  sir. 

Q.  How  long  was  that  before  the  assassination?  A. 
On  the  BlonUay  he'oreit  was  two  weeks. 

Q.  Have. vou  seen  him  since?    A.  No  sir. 

Q.  Was  be  and  your  brotlier  on  friend  y  terms?  A.  I 
never  asked  bim;  he  used  to  call  to  see  him  some- 
times: one  day  I  know  be  said  Booth  was  crazy,  and 
he  wished  he  w-ouid  not  come  there. 

Q.  Wlier3  was  y.iur  brother  ill  isoi?    A.  At  college, 

Q.  Whatcoilei;e?    A.  St.  Charles  College. 

Q.  Was  be. 1  student  there  at  that  time?  A.  Yes  sir; 
but  not  of  divinity. 

Q.  How  loivi  was  your  brother  at  that  college?  A. 
For  three  years;  but  he  spent  his  vacations  at  home  in 
August. 

Q.  Miss  Surratt.  did  j-ou  at  your  mother's  house,  at 
any  time,  on  any  occlisIou.  ever  bear  a  word  breathed 
as  to  any  plot,  or  pan.  or  conspiracy  in  existence  to 
assassinate  the  President  of  the  United  States?  A.  No 
sir. 

Q.  Did  you  ever  hear  any  remarks  made  with  refer- 
ence to  the  assass  narion  of  any  member  of  the  Go- 
vernment?   A.  No  sir. 

Q.  Did  you  ever  hear  it  discussed  by  any  member  of 
the  family  to  capture  the  President  of  the  United  States? 
A.  No  sir.  I  did  not;  where  i  i  mamma? 

By  Mr.  Evving— Q.  Wuat  ye;ir  diil  your  brother  leave 
college?  A.  Ill  ISil  or  l8i!2;  the  year  my  father  died; 
(soitov^ice)  wliere  is  mamma? 

Q.  What  year  were  .vou  in  school  at  Brvantown?  A. 
From  ISSI  to  isi;i;  the  liith  oi  July  was  the  day  I  left. 

Q.  Did  you  ever  see  Dr.  Miidd  at  your  mother's 
house  at  Washington?    A.  No  sir. 

Tiiegiil  here  kept  nervously  glancing  towards  the 
dock,  and  tapping  tlie  stand  with  her  loot  impatiently. 
Tliecounsel,  Mr.  Lwing,  with  an  evident  desireto 
keep  her  occupieo"  till  the  usher  came  to  lead  her 
through  the  crowd  to  the  witness  room,  said  to  her: — 
Is-Surratt  v.ile  on  the  road  between  Washington  and 
Brvantown? 

By  this  time  the  usher  b.-'d  arrived,  and  the  Court 
toid  hi  r  that  she  could  go.  As  she  arose  she  answered 
tlie  question  in  the  aMrmaMve,  adding,  in  a  quick, 
sharp  voice,  "Where  is  m  imma?" 

Mr.  Aiken  came  forward,  and,  telling  her  that  she 
wo:ild  soon  see  her  mamma,  led  her  on  into  the  ante- 
room adjoining  emit. 

As  Miss.sunatt  was  letvingthe  stand  a  member  of 
the  Court  bunded  ber  asmallwliite  pocket  handker- 
chief, vvhirh  She  had  droi)ped;she  snatched  it  from 
htn  quickly  and  rude'y.  without  a  word  of  thanks.  No 
cross-examination  was  hail  of  this  witiie-^s.  and  when, 
with  reportiirial  c  iriosi:y.  we  asked  the  reasons  why, 
the  most  technical  and  dry  of  the  judges  advocate 
simply  told  us  it  would  have  been  cruel,  the  girl  hav- 
ing a  greater  load  of  sorrow  upon  her  than  sUecouid 
bear. 

Testimony  of  Liemons. 

Q.  State  whether  you  know  Atzeroth.    A.  I  do  sir. 

Q.  How  long  have  you  known  him?  A.  Since  he 
was  .a  boy. 

Q.  Were  j'on  at  the  house  of  Hezekiah  Mentz  on  the 
Sunday  after  the  assassination?    A.  Iwassir. 

Q.  Dill  yens  iM  he  iJrisoner  tliere?    A.  Yes  sir. 

Q.  Did  youhave  anyconversalion  with  him.  A.  YeS 
sir. 

Q.  State  what  the  conversation  was.  A.  I  met  Atze- 
roth at  Mentz's  between  li  and  l'2  o'clock  on  the  Sab- 
bath after  Ibis  affair  had  occurred,  ana  when  first  I  ai>- 
l)roached  Mr.  Atzeroth  I  said,  are  .von  the  man  that 
killed  Abe  Liireoln?and  says  h',  yes;  and  t'leii  we 
both  laughed;  wo  was  joking:  well,.s"ays  I.  Andrew,  I 
want  lo  know  tiie  truto,  is  it  so  that  the  IPresidcnt  is 
killed?  there  was  a  gre;it  excitement  in  the  iie*.ghhor- 
liood  and  1  wanted  to  know:  he  said,  it  is  .'o,  and  that 
he  died  on  Saturday  at  3  o'clock;  I  went  ou  to  ask  hira 


TRIAL   OF   THE   ASSASSINS    AT  WASHINGTON. 


117 


if  it  was  so  about  the  Seward's;  about  the  old  man 
having  his  threat  cut;  he  said  yes;  that  Seward  was 
Btabbetl.  or  rather  cut  at,  but  not  Iviiled;  I  aslied  hmi 
whether  it  was  correet  about  Mr.  Grant;  he  said  he 
did'nt  know  whether  it  was  so  or  not,  and  we  went  to 
dinner,  and  at  tho  dinner  table  my  brother  asked 
him  if  Mr.  Grant  was  killed,  and  he  said  he  did  nt 
suppose  he  was,  and  said  it' it  had  been  done  it  was 
probably  by  some  man  who  got  into  the  same  train  or 
car  that  he  aid;  I  was  not  in  his  company  over  a  half 
an  hour. 

Q.  Did  yon  hear  him  say  that  if  the  man  who  was 
to  follow'Grant  had  I'ol lowed  him  he  would  have  been 
killed?  A.  No,  lie  said  if  Mr.  Grant  was  to  have  been 
tilled  it  must  have  been  by  a  man  who  got  into  the 
same  car  or  into  the  same  train  of  the  two. 

Q.  Was  or  was  not  the  prisoner  during  that  day  very 
much  excited?  A.  Well,  he  was  confused  or  appeared 
so  at  the  dinner  table,  and  there  was  something  be- 
tween the  young  lady  and  him  that  he  had  been  pay- 
ing his  attentions  to. 

Q.  Was  he  paying  his  addresses  to  the  daughter  of 
Mr.  Mentz?    A.  'i'es  sir.  he  had  been. 

Q.  Was  she  or  not  throwing  him  the  cold  shoulder 
that  day?    A.  Yes  sir.  it  appeared  so. 

Q.  And  he  was  down  in  the  mouth  about  it,  was  he? 
A.  Yes  sir. 

Q.  Were  you  with  the  prisoner  all  the  time  he  was 
speaking  with  Mentz  that  day?    A.  No  sir. 

Q.  ITe  could  not  at  the  dinner  table  make  any  re- 
mark without  your  hearing?    A.  No  sir. 

By  Colonel  Burnett.— Q.  Did  you  have  any  other  talk 
with  Atzerotii  tluit  dav?    A.  No  sir. 

Q.  Didn't  you  walk  down  with  him  to  the  stable?  A. 
No  sir,  that  was  mj"  brother. 

Testimony  of  Mr.  I^ewions,  (Brother  of  tl»e 
Foresoing-  Witness,) 

Q.  Do  you  know  Atzerotii?    A.  Yes  sir. 

Q.  How  long  have  you  known  him?  A.  Some 
eighteen  months  or  two  years. 

Q.  Were  I'ou  at  the  house  of  Mr.  Mentz  on  the  Sun- 
day after  the  assassination?    A.  Yes  sir.  , 

Q.  Did  j'ou  have  an  v  conversation  with  the  prisoner 
then?  A.  I  asked  him  about  Mr  Grant,  Mr.  General 
Grant,  and  asked  Inm-if  itwas  so  or  not;  he  said  he 
did'ni  suppose  it  was,  and  then  he  said,  if  It  is  so  some 
one  must  have  got  into  the  same  train  of  cars  he  did; 
when  me  and  him  were  in  the  yard,  after  that,  he 
said,  what  a  lot  of  trouble  I  see;  I  said,  what  have  you 
to  trouble  you?  he  said,  more  than  I  shall  ever  get 
Ehed  of;  that  was  about  all  that  he  said. 

Testimony  of  Mr.  McAlister. 

Q.  Do  you  know  Atzeroth?    A.  Yessir. 

Q.  JInw  many  years  have  you  known  him?  A.  Only 
since  March  last. 

Q.  State  whether  or  not,  on  the  14th  day  of  March,  he 
called  at  your  house  and  took  a  drink.  A.  Yes  sir; 
about  tpn"o'clock;  I  don't  know  the  exact  time. 

Q.  Did  you  notice  whether  he  was  excited  ornot?  A. 
I  did  not, 

Q.  What  do  you  know  about  his  being  a  coward  or  a 
brave  man?  A.  I  have  heard  men  say  that  he  would 
not  resent  an  insult. 

Testimony  of  W.  IV.  Brisco. 

Q.  How  long  have  you  knowm  Atzeroth?  A.  Six  or 
sevenyears  ,  at  Port  Tobacco. 

Q.  What  is  his  reputation  for  bravery?  A.  He  was 
always  considered  a  man  of  not  much  courage. 

Testimony  of  James  Keller. 

Q.  State  whether  you  are  the  proprietor  of  the  Il've- 
rv  stable  on  E  street,  near  the  corner  of  Eighth.  A. 
Yes  sir,  one  of  them. 

Q.  State  whether  or  not  you  let  Atzeroth  have  a 
horseon  the  nth  of  April,  out  ofyour  stable?  A,  Yes, 
a  small  bay  mare,  fourteen  and  a  lialf  hands  high;  he 
got  the  horse  ai)out  hal.-past  tlireeoclock. 

Q.  Did  the  prisoner  write  his  name  on  the  slate?  A. 
He  did,  sir.  bat  my  partner  rubbed  off  the  contents  of 
the  slate  a  iew  d  ivs  after. 

Q.  Did  he  write  it  in  a  small  or  large  hand?  A.  In  a 
tolerable  liand. 

Q.  Did  he  hesitate  to  put  his  name  down?    A.  Nosir, 

Q.  Did  ynu require  any  re.erence?    A.  Yessir. 

Q.  Did  iie^iveyou  any?    A.  Yessir. 

Q.  Who  did  hegiveyon?  A.  A  number  of  persons  in 
Maryland,  and  some  at  Port  Tobacco. 

Q.  Any  names  in  Washington?    A.  Yessir. 

Q.  Wlio?    A.  John  Cook  was  one. 

Q.  Where  does  Mr.  Cook  live?  A.  Eight  opposite 
me. 

Q.  Did  you  go  there  and  inquire  after  Atzeroth?  A. 
Yessir. 

Q.  When  was  that  horse  returned?  A.  I  can't  say;  I 
did  not  stay  till  he  returned. 

Q.  Did  he  pay  for  the  horse?  A.  Yessir;  he  paid  me 
five  dollars. 

Testimony  of  Samnel  Smith. 

Q.  Are  you  stable-boy  at  Keller's  stable?    A.  Yes 
Bir. 
Q.  Did  you  ever  see  the  prisoner  before?  A.  Ho  air. 


Q.  Were  j'ou  in  the  stables  on  the  night  of  the  14th  of 
April  ?  A.  Ye;  sir. 

Q..  Did  the  bay  mare  come  in  that  night  ?  A.  Yes 
sir. 

Q.  What  time  ?  A.  To  the  best  of  my  knowledge, 
eleven  o'clock;  we  have  a  clock  there,  but  it  isn't 
gJing, 

Q.  Whatcondition  was  themare  in?  A.  Prettymuch 
as  she  was  when  she  wentout. 

Q.  Did  she  look  as  it  she  had  been  ridden  hard?  A, 
No  sir. 

Q.  Was  there  no  foam  on  her?  A.  Nosir.  (Mr.  Mc- 
Allister was  here  recalled,  and  having  testified  that  he 
had  seen  a  pistol  and  a  dirk  knife  in  the  possession  of 
Atzeroth.  and  that  he  had  kept  the  same  for  him  one 
day,  he  was  shown  the  knife  and  pistol  said  to  have 
Deen  Ibund  in  the  alleged  coat  of  Atzeroth,  but  declares 
himseUunable  to  positively  identily  either.  The  pistol 
he  knew  was  not  tliesame.) 

Testianony  of  Miss  Harold. 

Q.  Are  you  the  prisoner's  sister?    A.  I  am,  sir. 

The  witness  was  then  shown  the  coat  and  the  hand- 
kerchief found  in  the  coat  alleged  to  have  been  taken 
from  AtzfToth's  room,  but  she  could  not  identify  either 
as  the  property  of  her  brother. 

Testimony  of  Captain  F.  Monroe. 

Q,  State  whether  you  had  custody  of  the  prisonersat 
the  bar  subsequent  to  their  arrest,    A.  Yessir. 

Q.  Wliere?    A.  On  board  the  monitors. 

Mr.  l:)onner  then  desired  to  liand  into  court  a  writ- 
ten request  Ironi  t!ie  prisoner  Atzeroth  that  his  con- 
fession to  Captain  F.  Monroe  be  admittea. 

Counsel  stated  that  he  was  aware  that  he  had  no 
legal  right  to  insist  uj^on  this  and  that  he  merely  made 
a  qnesiion  for  the  liberality  of  the  Court  to  decide. 

J  udge  Ho  t  then  remarked:— "I  think  it  is  greatly  to 
be  deplored  that  counsel  will  urge  such  matters  on  this 
Court  as  they  Ivuow  and  admit  to  be   contrary  to  law." 

The  Court  then  decided  that  the  confession  should 
not  be  received,  and  Captain  F.Monroe  was,  therefore, 
dismissed  from  tlie  stand. 

Charles  Sullivan,  ex-Governor  Farwell,  and  others, 
were  then  called  on  the  part  of  thedelensc;  but  they 
not  being  present,  the  Court  adjourned  till  ten  o'clock 
to-morrow  morning. 


Washington.  May  ."ii.— Be  "ore  the  Court  to-day,  the 
following  evidence  was  elicited  :— 

Testimony  of  Ilartman  ICicliler. 

By  Mr.  Doster.— Q.  State  your  residence.  A.  I  re- 
side in  Montgomery  county,  Maryland. 

Q.  Are  you  a  cousin  of  the  prisoner  Atzeroth?  A.  I 
am. 

Q.  State  whether  the  prisoner  came  to  your  house 
subsequent  to  the  assassination  of  the  President.  A. 
He  came  there  on  Sunday  evening. 

Q.  Give  the  particulars  of  his  visit.  A.  I  met  him 
as  I  was  on  my  way  to  the  Church;  he  remained  in  my 
house  from  Sunday  evening  until  Thursday  morning, 
about  3  or  4  o'clock  ,  and  during  that  time  he  did  not 
make  any  attempt  to  hide  himself,  but  walked  about 
and  worked  in  the  garden  a  little. 

Q.  Did  you  notice  anything  peculiar  about  his  ap- 
pearance when  you  first  met  him  ?  A.  No  sir:  he 
looked  the  same  as  he  always  did  when  he  came  to 
see  me. 

Q.  Were  you  present  at  his  arrest?  A.  When  he  was 
arrested  in  the  house  I  was  down  stairs,  and  he  was 
up  stairs. 

Q.  Did  he  hesitate  to  go  when  they  arrested  him?  A. 
He  was  very  wiUing  to  go. 

Q.  Do  you  know  whether  he  was  in  possession  of  a 
large  quantity  of  money?    A.  I  do  not. 

Q.  Do  you  know  anything  about  his  reputation  for 
courage?    A.  No  sir. 

Q.  Did  the  prisoner  have  on  an  overcoat  when  he 
came  to  your  house?  A.  When  we  arrested  him  In  the 
morning  he  had  on  the  same  coat  as  he  has  now;  it 
was  a  Kind  of  grey  overcoat. 

Mr.  Doster  then  stated  to  the  Court  that  all  of  the 
witnesses  summoned  in  thecaseot  Atzeroth  were  not 
present,  and  that  he  could  not  proceed  in  the  order  he 
desired  until  they  were  present.  He  intended  to  set 
uptliepleaof  insanity,  and  had  sent  lor  friends  and 
relatives  ol  the  prisimer,  who  were  to  be  brought  seve- 
ral  thousand  niiies  distant,  who  had  not  arrived. 

The  dp.ense  then  proceeded  with  the  cases  of  the 
other  prisoners. 

Testimony  of  William  8.  Arnold. 

By  Mr.  Ewing.— Q.  What  relation  are  you  to  the  pri- 
soner, Samuel  Arnold?    A.  I  am  his  brother. 

Q.  Where  do  you  reside?  A.  At  Hookstown,  Mont- 
gomery county,  Md. 


118 


TRIAL   OF   THE   ASSASSINS   AT  WASHINGTON. 


Q  State  what  vou  know.if  anything,  astothewhere- 
abo'uts  of"  the  prisoner  from  the  20th  of  JMarch  last  to 
the  1st  ot  April?  A.  From  the  21st  of  March  until 
Saturday,  the  2oth.  he  remained  in  tlie  country;  he 
then  went  to  Baliimore.  and  returned  on  the  2Gth, 
Koinff  again  to  Baltimore  on  the  28th  or  2  )th  :  on  the 
afternoon  of  the  1st  of  April  he  started  fir  Fortress 
Monroe;  while  in  Baltimore  he  stayed  at  his  lathers 
bouse,  and  I  saw  him  at  home  almost  all  the  time  I 
was  there.  . ,,         .^  ,  .  , 

On  the  cross-exammation  of  the  witness,  which  was 
conducted  bv  Assistant  Judt;e  Advocate  BnrnPtt,  he 
stated  that  the  only  means  by  which  he  knew  that  the 
prisoner  came  to  Hookstown  on  the  21st.  was  the  fact 
that  he  had  purchased  some  farming  utensils  on  that 
dav,  and  made  an  entry  of  the  purchase  in  a  book 
wliichhekept  at  home.  The  pistol  delivered  to  the 
witness  by  the  prisoner  on  the  1st  of  April  was  loaded 
at  the  tinie.  The  prisoner  had  tired  the  loads  out  and 
reloaded  it  while  in  the  country. 

Testimony  of  Frank  Arnold. 

By  Mr.  Ewing.— This  witness,  in  answer  to  a  series 
of  questions,  testified  that  he  was  a  brother  of  the  pri- 
soner, Samuel  Arnold;  that  he  lived  in  Baltimore 
county,  and  occasionally  in  the  city,  at  his  lather's 
house;  that  the  prisoner  slept  with  him  on  the  nights 
Of  the  30th  and  3lst  of  March;  and  that,  havin'j  re- 
ceived a  letter  from  a  Mr.  Wharton,  at  Fortress  Mon- 
roe, to  which  gentleman  he  had  made  application  for  a 
Situation,  he  started  to  go  to  the  Fortress  on  Saturday 
afternoon,  April  1st.  about  4'2  o'clock. 

Testimony  of  Jacob  Smitli. 

By  Mr.  Ewing.— Tne  substance  of  the  testimony  of 
this  witness  may  be  summed  up  as  Ibllows;— He  re- 
sides at  Ilookstown,  Maryland,  about  half  a  mile  from 
the  residence  of  Wm.S.  Arnold,  brother  of  the  pri- 
soner, Samuel  Arnold;  saw  the  ))risoner  nearly  every 
day  between  the  20th  and  22(1  of  March,  and  about  the 
Istof  April, sometimes  three  or  four  times  a  day:  occa- 
sionally at  the  house  of  his  brother,  and  again  while 
he  would  be  crossing  witness'  farm. 

Cross-examined  by  Assistant  Judge  Advocate  Bur- 
nett.—f  was  not  sure  as  to  the  day  f.n  which  the  pri- 
soner came  to  Ilookstown,  having  no  means  of  ascer- 
taining positively;  he  may  have  stayed  until  the  30th, 
orlelt  before  then. 

Testimony  of  John  T.  Ford. 

By  Mr.  Ewing.— Q.  State  where  you  reside.  A.  In 
the  city  of  Baltimore. 

Q.  State  whether  or  not  you  are  the  proprietor  of 
Eord's  Theatre, ill  the  city  of  Washington.    A.  lam. 

Q.  Are  you  acquainted  with  the  prisoner,  Edward 
Spangler?    A.  I  am. 

Q.  How  long  has  he  been  in  your  employ?  A.  I 
think  from  three  to  four  j'ears,  at  intervals,  over  two 
years  continuously. 

Q.  State  wnetlier  you  were  in  or  about  the  theatre  or 
in  this  city  at  the  time  of  the  assassination  of  the 
President.  A.  I  was  in  the  city  ot  Richmond  on  the 
day  of  the  assassination;  I  arrived  there  about  two 
O'clock  on  that  day. 

Q.  Were  you  acquainted  with  John  Wilkes  Booth? 
A.  I  have  known  him  since  early  childhood,  since  he 
was  ten  or  eleven  years  of  age,  and  intimately  for  six 
or  seven  years. 

Q.  State  whether  you  have  ever  heard  Booth  speak 
of  Chester,  and  if  so,  in  what  connection? 

Assistant  Judge  Advocate  Bingham  objected  to  the 
question,  and  it  was  not  pressed. 

Q.  State  whether  Booth  ever  applied  to  you  to  em- 
ploy Cnester,  who  has  been  a  witness  for  the  prosecu- 
tion, in  your  theatre? 

Assistant  Judge  Advocate  Bingham  objected  to  the 
question. 

Mr.  Ewing  stated  that  the  object  of  the  inquiry  was 
not  to  attack  Chester,  but  rather  to  corroborate  his  as- 
sertions, and  to  show  that  at  the  same  time  that  Booth 
was  endeavoring  to  inducoChester  to  join  a  conspiracy 
for  thecantuie  of  the  President,  he  was  also  endeavor- 
ing to  induce  Mr.  Ford  to  employ  Chester,  in  orderthat 
when  once  in  thetheatre  he(Booth)  miglituse  theman 
as  an  instrument.  This  would  go  to  aHict  the  case  of 
eeverr'.l  of  the  prisoners  at  the  bar,  particularly  that  of 
Arnold,  who,  in  his  confession,  stated  that  the  plan 
was  the  capture  of  the  President;  and  a'so  the  case  of 
the  prisoner  Spangler,  by  showing  that  Booth  was  not 
able  to  get  in  the  theatre  any  instrument  to  assist  him 
iu  his  purpose. 

Assistant  Judge  Advocate  Bingham  stated  that  a 
party  who  conspired  to  commit  a  crime  mi;:rht  ap- 
proach the  most  upright  man  in  the  land  witli'  whom, 
before  his  criminality  was  known,  lie  might  be  on 
terms  of  intimacy.  It  was  then  the  misfortune  of 
such  a  man,  not  his  crime,  to  be  approached  in  that 
way,  but  it  did  not  follow  because  Booth  approached 
this  man  Chester,  that  he  (Booth),  either  living  or 
dead,  was  armed  with  the  power  of  coming  into  .a 
court  of  justice  and  proving  what  he  said  to  that  third 
person. 

The  objection  was  then  sustained,  and  the  question 
was  not  put. 

Q.  Stale  what  were  the  duties  of  the  accused  on  the 
Stage.    A.  The  accused,  Spangler,  was  employed  as  a 


stage  hand,  not  as  the  stage  carpenter;  he  was  a  la- 
borer, and  his  duties  were  to  assist  iu  getting  the 
scenery  into  place,  and  removing  it  from  the  grooves, 
as  the  necessities  of  a  play  required;  those  were  his 
duties  at  night:  during  the  day  he  was  to  assist  in  doing 
the  rough  carpenter  work  incidental  to  certain  plavs. 
Q.  State  whether  liis  duties  were  sucli  as  to  require 
his  presence  upon  thestage  during  the  whole  of  the 
play.  A.  Strictly,  no  sir;  his  absence  for  a  moment 
might  impair  the  success  of  the  p!:\y,  and  cause  dis^ 
satistaction  among  the  audience;  it  is  verv  important 
for  the  success  of  a  play  that  the  changing  of  the 
scenery  should  be  attended  to  jiromptlv  from  the 
rising  to  the  falling  of  the  curtain;  there  "were  inter- 
vals, it  is  true,  but  the  prisoner  cuuld  not  judge  exactly 
how  long  a  scene  might  last. 

Q.  State  whether  his  constant  presence  during  the 
second  scene  oftlie  third  act  of  the  Amrrican  Cousin 
would  be  necessary.  A.  It  would,  unless  he  was  ac- 
curately inlbrmed  of  the  duration  of  that  scene;  it  is 
rather  a  long  scene;  longer,  perhaps,  than  any  other 
of  that  act. 

Q.  How  is  it  with  the  firat  scene?  A.  It  is  quick; 
but  a  few  moments;  the  other  eight  or  ten  minutes. 

Q.  How  is  it  with  the  second  act?  A.  The  duration 
of  a  scene.  I  would  say.  depend',  in  a  great  degree 
upon  the  activity  of  the  parti  ■»  engaged  in  it;  I  hardly 
think  there  was  an  interval  of  more'than  five  or  eight 
minutes  between  those  scenes. 

Q.  Therefore  the  constant  presence  of  Spangler 
upon  the  stage  would  have  been  necessary?  A.  It 
would. 

Q.  What  were  his  duties  in  the  intervals  between  the 
scenes?  A.  To  be  prepared  for  t!ie  no.\t  change;  to  be 
ready  witli  his  scene  .ind  to  remain  at  his  iiost  of  duty, 
as  an  emergency  often  arises  during  the  performance 
of  an  act  requiring  extra  service  on  his  part. 

Q.  State  who  had  the  regulation  and  control  of  the 
passage-way  through  which  Booth  escaped.  A.  The 
stage  manager  directs  andthastage carpenter  executes 
the  work  belonging  to  that  lart  ot  the  theatre,  and 
the  entire  stage. 

Q.  .State  the  names  of  those  persons.  A.  John  B. 
Wright  was  the  stage  manager,  and  James  J.  Giffori 
the  stage  carpenter. 

Q.  Was  the  prisoner  fSpangler)  charged  with  the 
duty  of  keeping  the  passage-way  in  order?  A.  It  was 
no  duty  of  his.  unless  specially  assigned  to  him  by  the 
stage  carpenter. 

Q.  State  whether  that  passage-wav  is  usually  ob- 
structed in  any  way.  A.  It  shoula  never  be  obstructed: 
my  positive  orders  were  to  keep  it  clear  and  in  the  best 
order,  it  is  a  passage-way  used  by  parties  coming  from 
the  dressing-room  and  green-room,  and  in  a  play  like 
that  of  the  American  Cousiiu  in  wiiich  the  ladies  were 
in  full  dress,  it  was  absolutely  necessary  for  a  proper 
performance  that  there  should  be  no  ob.struction  there, 
Q.  1)0  you  know  whether,  as  a  matter  of  fact,  that 
passage-way  was  kept  clear  by  the  stage  manager?  A,, 
The  stage  manager  was  a  very  exact  man  in  all  thos^ 
details;  I  have  always  found  it  clear,  unless  in  the  per- 
formance of  some  spectacular  play,  when  at  times  it 
would  be  partly  encumbered. 

Q.  ytate  whether  you  ever  knew  Spangler  to  wear  a 
moustache.    A.  I  never  did. 

The  witness  was  furtherexamined.andthe  following 
testimony  elicited :— The  prisoner  seemed  to  entertain 
a  great  admiration  for  Booth,  who  was  .i  peculiarly 
fascinating  man.  and  who  seemed  to  exercise  a  control 
over  tlie  mindsand  actions  of  his  in  eriors;  heexcelled 
in  gymnastic  exercises,  and  his  leap  from  the  Presi- 
dent's box  to  the  stage  was  not  one  which  required  any 
rehearsal:  he  had  often  introduced  a  similar  leap  into 
the  witch  scene  of  J/crcftrift;  since  the  latter  part  of 
September  last,  during  the  en  ire  theatrical  season, 
Bnoth  frequently  visited  the  theatre,  and  had  his  let- 
ters directed  there;  the  prisoner  (Spangler)  had  lived 
in  Baltimore,  and  considered  that  place  his  home, 
usually  spending  his  summer  months  tn  the  neighbop- 
hood  of  that  city,  engagi^d  in  fishing  and  crabbing. 

The  rope  found  in  Spangler's  carpet  bag  was'  here 
sl-.own  to  the  witness,  who'testifii  d  that  in  his  opinion 
it  might  have  been  used  by  tlie  prisoner  in  catching 
crabs,  though  experienced  crabbers  used  a  much  longer 
rope.  He  had  seen  such  a  rope  used  by  amateurs.  In 
regard  to  his  visit  to  Richmond,  the  witness  testified 
that  his  object  iu  m.aking  the  visit  w.as  to  see  an  uncle, 
a  very  aged  man.  and  a  mother-in  law.  who  resided 
there.  He  had  not  heard  of  the  assassination  of  the 
President  until  the  Sunday  evening  following,  while 
on  his  return. 

Cross-examined  by  Judge  Advocate  Holt.- Could  not 
say  positively  whether  the  private  boxes  in  the  the- 
atre were  ordinarily  kept  locked;  Mr.  Gilford,  the 
stage  carpenter,  had  control  of  such  m.atters,  and  the 
keys  of  the  boxes  were  kept  by  Mr.  James  O'Brien, 
the  chief  usher.  The  authorize  I  parties  having  tickets 
for  sale  for  those  boxes  on  the  day  of  the  assassina- 
tion were  witness'  brothers,  James  R.  and  Harry  Clay 
Ford.  The  play  of  the  American  Couxin,  when  first 
introduced,  was  an  exceedingly  popular  play,  but  of 
late  years  had  drawn  only  fair  audiences.  From  the 
characters  of  the  two  men,  and  their  relations  to  each 
other,  witness  believed  Booth  to  hfive  been  capable  of 
exercising  a,  great  influence,  either  for  good  or  evil, 
over  the  prisoner  (Spangler). 


TRTx\L   OF   THE   ASSASSINS   AT  WASIIINGTOK 


119 


The  Court  thon  took  a  recess  till  two  o'clock,  at 
■which  time  the  body  reasseinblecl. 

Ro-exHiniiiation  of  Mr.  Ferjs^MSon. 

By  Mr.  Kwinc—Q.  State  whether  fiirectly  alter  the 
assassination  of  tlie  President  yon  saw  Mr.  JStevvavteet 
Vipon  tlies'uge.  A.  I  am  not  acquainted  w't  Mr.  Stew- 
art: alter  Booth  passed  off  I  saw  a  larL'e  man.  in  l=glit 
clothes,  witha  monstache,  jump  upon  thestage;  a  mo- 
ment a'terwards  Miss  Harris  called  lor  water  in  the 
box;  tl)is  I'rse  man,  whoever  he  was.  turned  around 
and  loolvcd  towards  the  box;  some  cue  halloed,  catcli 
him:  Miss  Laura  Keene  ra  sed  her  hands  and  '<ni&.  We 
have  caught  him,  or.  We  will  ca( eh  him;  I  then  saw 
this  man  run  out;  it  was  prohahly  two  or  three 
minutes  after  Booth  run  out  befoie  he  jumped  upon 
the  stage. 

Q.  Hid  you  seen  anybody  else  run  out  before  him? 
A.  No  one  hut  this  man  Hawk 

Q.  If  anyoneliad  gone'out  before  would  you  have 
seen  him?"  A.  I  think  so:  I  thought  it  was  very  singu- 
lar that  no  one  cot  on  to  the  stage. 

Cross-examined  by  .Tudge  Bingham.— Q.  On  which 
^ide  of  the  dross  circle  were  you?  A.  Onthe  right  side; 
On  the  sameside  with  the  President's  box. 

Q.  How  near  did  you  sit  to  the  private  hoxes  on  that 
^de?  A,  I  went  c'o-^e  to  them,  so  near  that  I  could  not 
See  what  was  passing  below  distinctly;  I  saw  Laura 
Keene  when  she  ran  in. 

Ro-oxainiiiation  of  Mr.  BeMt. 

By  Mr.  Ewinsr.— Q.  State  your  business  in  Washing- 
ton.   A.  I  am  manager  of  Grover's  Theatre. 

Q.  State  whether  you  were  in  the  habit  of  seeing 
John  Wi'kes  Booih  during  the  laPt  season,  before  the 
assassination  of  the  President,  and  if  so  whether  he 
made  any  inquiry  ofyou  with  regard  to  the  President 
attending  the  t'leatre?  A.  I  haveseenhim  abouttheie 
frequently,  and  he  made  such  an  inquiry  thedavbe'bre 
the  assassination;  he  came  into  the  office  some  time 
4uring  thi'a  ternoon  ofTliursday.and  interrupted  me 
^nd  tlie  prompter  ofthe  theatre  ill  reading  the  manu- 
script; he  seated  himself  in  a  chair  and  entered  into  a 
conversation  npon  the  snb.iect  of  the  illumination: 
there  was  to  he  a  eeneral  illumination  of  the  city  on 
Thursday:  he  asked  me  if  I  intended  to  illuminate;  I 
told  him  I  did  to  a  certain  extent,  but  my  great  il- 
luminati(.n  would  be  on  tli'>  next  night,  in  anniversary 
of  the  fall  ot  Sumter;  he  asked  me  if  I  was  going  to  iii- 
Vite  the  President;  I  think  my  reply  was  "yes,  and 
that  reminds  me  I  must  send  that  invitation;''  Iliad 
had  itinmind  fcr  several  days  to  invite  the  Presi- 
dential jiarty  toa  tend  on  the  night  of  tlie  I4th. 

Q.  Did  you  invit  >  the  President?  A.  I  sent  Mrs.  Lin- 
coln an  invitation;  my  notes  were  eenerallv  addressed 
to  her  as  the  best  means  of  accomplishing  the  object. 

Q.  Was  there  anything  marked  in  Booth's  manner 
of  makinr  the  inquiry?  A.  His  manner  struck  me  as 
rather  peculiar;  be  must  have  observod  that  we  were 
busy,  and  ir  was  not  Uiualtocome  in  and  disturb  us: 
he  pushed  the  matterso  far  that  leotup,  laid  the 
manuscript  away,  and  entered  into  conversation. 

Q.  State  whether  or  not  it  Is  custoraarv  in  theatres  to 
keep  the  pas  aue-way  between  the  scenes  and  the 
Ereen-roomanddressing-roomciear.  A.  Yes:  itshould 
beano'»it  withibe  stage  carpenter  to  keep  thestage 
clear  and  the  scenes  put  away;  it  depends  somewhat 
upon  how  much  room  there  is. 

Q.  Would  you  consider  three  feet  a  wide  or  a,  narrow 
passage?  A.  I  shoald  cons'der  it  rather  narrow,  hut 
there  are  no  two  theatres  alike  in  that  respect:  it  would 
be  more  ncce-sar.v  tokeep  the  passage  clear  if  it  was 
niirrow  than  if  it  was  wide,  of  course. 

Q.  Would  .V'ln  I'oiisider  a  l°ap  from  thesecond  tier  of 
boxes  ill  Ford's  Theai  re  to  the  sta'TC  an  extraordinarv 
or  difficult  one?  A.  From  my  present  recollection  I 
Bhou'dsay  net  vcr.v  dilTicult. 

Q.  Statewliat  boxesthe  President  was  in  the  habit 
of  occupying  when  he  attend(»d  Grover's  Theatre. 

Question  objected  to  by  Judge  Biugbani  as  irrele- 
vant. 

Mr.  Fwing  stated  that  the  object  was  to  show  that  it 
■was  easier  to  escape  from  Ford's  Theatre  tlian  t;ro- 
■ver's.  as  the  reason  why  Ford's  was  selected  by  Booth 
for  the  accomplishment  of  hispuriiose. 

The  objection  was  sustained  by  the  Court. 
Testa nrtoiiy  of  II.  A.  James. 

By  Mr.  Ewing.— Q.  State  whether  you  were  at 
Ford's  Theatre  when  the  President  was'assasstnated. 
A.  I  was. 

Q.  State  the  position  of  Plersoff  and  Kdward  Spang- 
leratthe  time  it  occurred,  if  you  know  what  they 
■were  A.  I  was  standing  on  the  stage  ready  to  draw  a 
flat,  and  Spangler  was  standing  right  oijposite  to  me 
ou  the  stage  at"t  lie  time  I  heard  the  shot  fired  off. 

Q.  From  the  position  .von  were  in  could  you  see  the 

President's  box?    A.  I  could  not;  neither  could  Span.g- 

*   ler;  he  was  standing  behind  the  scenes:  ho  was  on  the 

Bame  side  with  the 'President's  box,  and  I  was  on  the 

opposite  side. 

Q.  When  the  shot  was  fired  did  you  see  what  he 
did?  A.  I  did  not;  I  didn't  notice  whether  he  removed 
away  or  remained. 

Q.  Whiil  d  d  you  do  yourself?  A.  I  really  do  not 
know  what  I  did;  I  was  excited  at  the  time;  I  did  not 
go  anywhere;  I  was  standing  there  behind  the  curtain. 


Q.  Which  was  nearer  the  door  out  of  which  Booth 
ran.  yon  or  Snanirler?  A.  1  tliink  I  w:is  nearest  the 
door,  though  (here  was  very  little  difference. 

Q.  Did  you  see  anybody  "near  Spangler  at  the  time? 
A.  I  d  d  not. 

Q.  Had  you  seen  himpreviously  during  the  play?  A. 
Iliad;  every  time  the  scene  was  to  bo  cbantred  I  s.aw 
him  at  his  post:  I  did  not  notice  him  at  an.v  other  time. 

Q.  What  was  the  condition  of  the  p.assage-way  at 
that  time?  A.  It  was  clear;  it  was  the  business  of 
~^pangler  and  myself  to  keep  it  clear;  perhaps  more 
Span  jler's  business  than  mine. 

Q.  Do  you  know  whether  Spangler  sawthe  Presid&nt 
when  he  entered?  A.  Yes:  I  was  standing  opposite 
him:  I  heard  the  applause,  and  Spangler  applauded 
with  them,  both  with  his  hands  and  feet:  he  seemed  rs 
pleased  as  anybody  to  see  the  President  come  in. 
Testimony  of  F.  II.  Dooley. 

By  Mr.  Doster— Q.  State  your  business  in  this  city 
A.  I  keep  a  drug  store  on  Seventh  street,  near  the  ave- 
nue. 

Q.  Examine  these  articles,  both  brush  and  liquorice, 
taken  irom  Atzeroth,  and  see  if  your  trade  mark  is 
upon  either  of  the  articles.    A.  It  is  not. 

Testimony  of  II.  I.i.  Mndd. 

By  Mr.  Ewing— Q.  In  your  cross-examination  day 
beiore  .yesterday,  you  stated  that  yonr  brother,  I)r.  S:i- 
muel  JIudd,  was  a  tenant  of  .vuur  lather:  I  wisli  you  to 
statewliat  yuu  mean  by  that?  A.  I  was  rather  con- 
fused at  the  time,  and  do  not  know  exactly  what  I 
meant;  Isupposethat  to  tie  a  tenant  a  man  must  pay 
some  rent;  my  brother  never  paid  any  rent  nor  any 
part  of  tlie  proceeds  of  the  farm. 

Q.  How  do  you  know  that?  A.  I  know  it  very  well; 
I  kept  all  my  father's  accounts;  the  farm  was  always 
treated  as  m.y  brother's. 

Cross-e.xaniined  by  Colonel  Burnside— Q.  Did  not  the 
farm  belong  to  your  father?  A.  I  considered  that  it 
belonged  to  m.v  brother. 

CI.  Has  he  an.v  title  to  it?  A.  No,  my  father  has  the 
title,  but  my  brother  has  his  word  that  it  belongs  to 
him. 

Q.  Has  he  any  lilleto  it?  A.  No:  my  father  has  the 
title,  but  my  brother  has  his  word  that  it  belongs  t-o 
him. 

Examination  of  I>r.  I$avis. 

By  Mr.  Stone.— Q.  Where  do  you  reside?  A;  In  this 
city,  near  the  Navy  Yard. 

Q.  Have  .you  ever  been  in  the  army?  A.  I  was  in  the 
Quartermaster's  Department  on  General  Wood's  stafT 
during  theSlexican  war. 

Q.  Do  you  know  the  prisoner,  Harold?  A.  I  have 
known  him  from  earl.y  youtli:  part  of  the  time  I  lived 
next  door  to  liim,  though  for  the  last  several  years  I 
havelived  lour  or  live  squares  from  him. 

Q.  Statewliat  is  his  character.  A.  I  do  not  know 
that  1  can  state  it  in  any  better  terms  than  that  he  is  a 
boy;  I  consider  that  all  his  life  there  has  been  very  lit- 
tle of  t'le  man  about  him:  from  m.v  knowledge  of  him 
I  should  sav  that  nature  has  not  endowed  him  with  as 
much  iutellitrence  as  people  generally  have;  I  know 
his  farail.v  weil:  t  liave  always  known  them,  I  suppose 
he  fs  about  2'2  years  old. 

Cross-examined    by   .ludce   Bingham.— Q.    Do    yoa 
think  that  Harold  has  intellect  enough  to  know  that  it 
is  a  great  crime  to  commit  murder?    A.  Henudoubt^ 
edly  knows  the  aiirerence  between  right  and  wrong. 
Testitno:iy  of  SSenry  Clay  For«!. 

Bv  Mr.  Ewing.— Q.  What  business  were  yon  engaged 
in  immediately  preceding  the  ■]4th  of  AiJril  last?  A.I 
was  trea-urer  ofFord's  Theatre. 

Q.  Wiien  was  it  first  known  there  that  the  President 
was  coining  to  the  theatre  that  night?  A.  It  was 
known  to  me  about  half-past  eleven  o'clock:  I  had  been 
to  break  ast  and  came  back,  and  then  learned  that  the 
President  had  engaged  a  box. 

Q.  State  whether  J.  Wilkes  Booth  was  at  the  theatre 
after  that  on  that  d;iy,  and  if  so.  at  what  time?  A.  He 
was  there  at  twelve  o'clock;  about  half  an  hour  alter  I 
returned. 

Q.  State  whether  or  not  the  fact  that  the  President 
was  coming  to  the  tbeatre  that  night  was  communi- 
cated to  Btjoth.    A.  I  do  not  know:   I  did  not  tell  him. 

Q.  Did  .vou  see  anything  of  Booth  afterwards  that 
day?    A.  Not  until  evening. 

Q.  Did  you  see  Iiim  when  yoti  were  going  to  the 
theatre  that  day?  A.  No:  I  saw  liim  comin.gdown  the 
street,  I  think,  as  I  stood  in  the  door  of  the  theatre;  lie 
commenced  talking  to  some  parties  there;  one  of  them 
went  to  the  office  and  brought  out  a  letter,  which  he 
sat  down  and  read  on  the  steps  of  the  oflice;  this  was 
about  twelve  o'clock,  and  he  stayed,  I  should  think, 
about  half  an  hour. 

Q.  State  what  you  know  about  (he  preparations  of 
the  theatre  for  the  reception  of  the  President  that 
night?  A.  When  I  got  to  the  theatre  m.v  brother  told 
me  the  President  was  to  be  there  that  night;  it  was  Mr. 
Baybold's  business  to  see  about  the  decorations  of  the 
bo.x.butho  had  neura'gia  in  his  face  that  day,  and  I 
fixed  it  up;  I  found  two  flags  which  I  looped  up  aud 
placed  in  position,  then  another  flag  came  down  from 
the  Treasury  Department,  and  I  attended  the  putting 
the  new  flag  in  the  centre;  I  had  a  part  of  the  furni- 
ture chauged;  a  sofa,  and  high-backed  chair  brought 


120 


TRIAL   OF   THE   ASSASSINS   AT  WASHINGTOX. 


from  the  stase.  and  a  rocking  chair  brought  from  my 
Sleepinc-room.  up  stairs. 

Q.  Did  you  repeive  any  sussjestions  from  anybody  as 
to  the  preparation  oflhe  box?  A.  Only  (lom  Mr.  Itny 
bold  and  from  ttie  gentleman  who  brought  the  third 
flag  down  there. 

Q.  Wliat  had  Spangler  to  do  with  the  decoration  of 
the  box?  A.  He  took  out  the  partition  between  the 
two  boxes,  leaving  tliem  both  in  one. 

Q.  Was  it  \i«ual  to  rnmove  the  partition  on  such  occa- 
6lons?  A.  Yes.  we  always  removed  it  when  the  Presi- 
dent came  there. 

Q.  How  many  times  had  the  President  been  at  your 
theatre  during  the  winter  and  spring?  A.  I  supi)ose 
about  six  times. 

Q.  How  did  ^pansier  come  to  go  to  the  box?  A.  I 
suppose  Mr.  Ra.vbold  sent  him. 

Q.  Was  Spangler  in  the  box  duringthe  time.vo'i  were 
there  decorating  it?  A.  No.  he  was  at  work  on  t  e 
stage  at  that  time:  I  called  lor  a  hammer  and  nails, 
which  he  handed  up  to  me. 

Q.  Do  you  know  whether  he  was  apprised  of  the  fact 
that  the  President  was  to  come  tliere  that  evening?  A. 
He  knew  the  President  was  coming,  lor  he  took  out  the 
partition. 

Q.  Do  you  know  whether  there  was  any  penknife 
used  in  i he  preparation  oi  the  President's'bnx?  A.  I 
used  a  penkni  ein  cutting  a  string  by  which  the  pic- 
ture was  tied:  I  forgot  it  and  left  it  there. 

Q.  Had  the  picture  been  there  before?    A.  No. 

Q.  Why  was  this  chair  brought  from  your  s'eeping 
room  to  the  President's  box?  A.  For  nothing  more 
than  to  put  it  with  the  (ther  furniture;  it  was  a  part  o' 
the  same  set  of  furniture  which  was  originally  piaceil 
in  the  reception  room;  but  the  ushers  were  in  the  habit 
of  lounging  iir  it,  and  I  took  it  into  my  room. 

Q.  D  )  you  know  whether  Booth  was  in  the  habit  of 
engagingany  boxes  at  your  theatre?    A.  Yessr. 

Q.  What  bo.x  is  it  that  he  was  in  the  habitof  en- 
gag  ng".'  A.  The  one  he  always  engaged  was  number 
7,  which  was  part  ot  ihe  box  occupied  by  the  President 
nearest  the  audience. 

Q.  How  oUen  did  he  occupy  that  box  during  the  sea- 
son? A.  He  procured  a  box  Jour  or  five  I  mes;  I  do 
not  know  whether  he  ever  occupied  it  or  not. 

Q  Do  you  know  whether  Booth's  spur  caught  in  one 
of  the  flag^  as  he  leaped  (rom  the  box?  A  I  did  hear 
that  it  caught  in  the  blue  flag  in  the  centre;  I  do  not 
tnow  it. 

Q.  Who  put  that  flag  there?  A.  I  did;  it  was  the  one 
obtained  from  the  Treasury  building. 

Q.  Was  there  anything  special  or  "unusual  in  the  ar- 
rangement of  that  box?"  A.  The  picture  liadnever 
been  pljiced  in  front  of  the  box  be'ore;  we  mostly  u^ed 
smaller  flags,  but  hs  General  Grant  wa^i  to  come  with 
the  President  I  liatniehn,  we  borrowed  those  flags  irom 
the  Treasur.v  Department. 

Q.  State  where  you  were  during  the  performance  of 
the  ^wr/c'jn  Cousin,  prior  to  the  assassination.  A.  In 
the  ticket  office. 

Q.  Were  you  not  on  the  pavement,  in  front,  at  ail 
durmgthe  per  ormance.  A.  I  suipo,e  I  must  have 
pa.ssed  in  and  out  two  or  three  times. 

Q.  Did  you  see  anything  of  the  nrisoner,  Edward 
Spans-'ler  during  that  lime?    A.  No  sir. 

(.'ross-examined  by  Judge  Bingham.— Q.  Do  you 
know  the  fact  that  the  other  boxes  in  the  theatre  w'ere 
or  were  not  occipied  that  night?  A.  None  were  oc- 
cupied. I  thtnk:  I  could  tell  by  looking  at  tlie  bioks. 

Q.  Do  not  you  remember  boxes  being  ap'  lied  for 
and  the  answer  bei'g  given  that  thev  were  all  taken? 
A.  None  were  rpplied  for  to  me. 

Q.  Did  not  you  sell  all  the  tickets?  A.  No:  there 
were  tour  of  us. 

Q.  Do  you  not  know  that  Booth  occupied  the  other 
boxes?    A.  No  sir;  from  my  information  he  did  not. 

Q.  Or  anybody  e'se  for  him?  A.  No  applications  of 
any  kind  were  made  to  me  for  tin  m  ;  there  may 
have  been  applications  made  that  I  know  nothing 
about.  ° 

Q.  State  whetherthere  were  an  V  mortices  in  the  wall 
behind  tlie  President's  box  when  yuu  was  up  there 
decuri^tingit.    A.  There  were  not. 

Q.  Yon  know  there  was  one  when  the  President  was 
murdered:  do  ynn  know  it?  A.  I  have  heard  so;  I 
have  not  been  in  the  box  since. 

Q.  Was  there  a  bar  there  for  the  purpose  of  fastening 
the  entrance  to  the  door  that  afternoon?  A.  1  saw 
none. 

Q.  Was  there  any  such  contrivance  there  before  that 
aav?    A.  I  never  knew  ofanv;  I  know  there  was  not. 

Q.  W;is  there  a  hole  bored  throushthetirst  door  that 
opened  into  the  President's  box  before  that  day?  A.  I 
don  t  know  of  there  being  anv  there. 

Q.  Were  the  screws  to  the  "locks  of  the  doors  of  the 
President's  b  ix  drawn  be.ore  thatday?  A.  Not  to  my 
knowledge;  I  do  not  know. 

Q.  Will  you  swear  that  they  were  not  drawn  when 
vou  decorated  the  box  tlmt  dav?  A.  It  was  not  drawn 
Jn  my  presence  nor  to  my  knowledge;  if  it  had  been 
done  I  did  not  notice  it. 

By  Mr.  Aiken.— Q.  When  you  first  saw  Booth  in  the 
theatre  that  day  how  long  did  he  remain?  A.  T  sup- 
pose half  an  hour;  I  went  into  the  office  and  when  I 
came  out  ha  was  gone. 

Q.  Was  the  letter  Booth  had  a  long  or  short  one?    A. 


It  was  very  long:  it  was  cither  four  or  eight  pages,  I 
am  not  certain  which. 

Q.  Had  it  been  published  .at  the  time  Booth  left  the 
thea're  that  the  President  would  be  there  th  it  night? 
A.  When  I  came  into  the  theiitre  that  morning  my 
iirother  told  me  that  he  wouM  write  a  little  notice  and 
put  it  into  the  evening  papers  that  the  President  waa 
to  be  there. 

Q.  When  could  any  one  have  had  a  knowledge  of 
the  tact,  unless  they  came  to  the  theatre?  A.  Not  un- 
less my  brotiiertold  them. 

Q.  In  what  direction  did  Booth  go  after  be  left  the 
theatre?    A.  I  do  not  know. 

Q.  Did  he  seem  to  be  in  a  hurry  to  complete  the 
conversation  and  get  away  from  the  theatre?  A.  No' 
sir. 

Q.  When  he  learned  the  fact  that  the  President 
would  be  there  that  evening,  dd  you  no'ice  any  par- 
ticular changein  liis  manner  or  conversation?  A.  No 
sir;  hesat  down  on  the  steps,  opened  his  letter,  aud  oc- 
casionally would  look  up  and  laugh. 

Q.  Do  you  recollect  the  name  of  the  messenger  from 
the  White  House?    No  sir.  I  do  not. 

Q.  Did  this  conversation  with  B  lOth  take  place  in  the 
theatre?  A.  No;  but  on  the  sidewalk  in  front  of  the 
gallery  steps. 

Q,  Where  was  he  when  he  read  the  letter?  A.  He 
sat  in  the  main  entrance  door  of  t.ie  theatre. 

Q.  Do  you  know  who  was  witii  him  (rom  the  time 
he  came  there,  got  the  letter,  and  went  away?  A. 
There  was  some. voung  men  talking  with  him;  I  recol- 
lect Jlr.  Gifford.  Mr.  Kvans  and  Mr.  Guerila. 

Q.  Is  Mr.  Evans  an  attache  of  the  theatre?  A.  Yes, 
an  actor  there. 

By  Mr.  Ewing  — Q.  Do  you  think  ifthere  had  be^^n  a 
hole  in  the  wall  in  ibelitlle  jiassage  between  the  Presi- 
dent's box  and  the  wall,  four  (ir  live  inches  one  way, 
and  two  inches  the  other,  couid  you  have  noticed  it  ? 
A.  If  the  door  had  been  opened  against  the  wall  it 
would  have  brought  it  b?hiucl,  audi  would  not  have 
noticed  it;  if  the  door  had  been  closed.  I  certainly 
would  have  noticed  it. 

Q.  Is  not  that  passage  pretty  dark  even  when  the 
door  is  open  ?    A.  Yes. 

Q.  Did  you  observe  the  side  of  the  wall?  A.  I  did 
not  take  particular  notice  of  it. 

Q.  Ifthere  had  been  an  augur  hole  through  the  par- 
tition with  the  President's  box  would  you  have  been 
likely  to  notice  it  ?    A.  I  do  n  it  think  i  should. 

Q.  Did  you  ever  seethe  prisoner  Arnold  about  the 
Theatre  ?    No,  I  do  not  know  him  at  all. 

By  the  Court.— Q.  Do  i'ou  not  know  that  the  intended 
vis  t  of  tne President  was  publisued  in  the  morning pa^ 
peis?    A.  ltw;ianot. 

Q.  Did  you  state  in  a  drinking  saloon,  near  Ford's 
Thiare,  that  the  Pres  dent  was  to  be  there?  A.  No  sir. 

Q.  Was  it  announced  that  General  (Jrant  was  to  at- 
tend the  theatre  in  company  with  the  President?  A. 
It  was. 

Testimony  of  Wm.  ^VitSiers,  Jr. 

By  Mr.  Ewing.— Q.  In  your  previous  examination 
you  were  unable  to  state  df'iiniiely  whether  tlie  door 
leading  out  of  the  passage  where  liootli  went  was  shut 
or  not,  can  you  state  now?    A.  Yes,  the  door  was  shut. 

Q.  Do  you  recollect  that  lact  distinctly?  A.  Yes; 
af.er  he  knocked  me  down,  as  I  staled  in  my  former 
testimony,  he  made  a  p  unge  for  ilie  door,  which  was 
shut,  but  he  opened  it  very  easily,  rushed  out  and 
pulled  (liedoor  aaer  him. 

Q.  Wereyouattlietheatre  thatdayat  twelve  o'clock? 
A.  I  cannot  recollect;  I  think  I  had  a  rehearsal  that 
day  at  ten  o'clock;  there  was  no  music  iu  the  Ameri- 
can Cousin  requiring  it;  but  I  think  we  had  a  rehearsal 
of  I  he  song  I  comiiosed. 

Q.  Did  vou  see  Booth  or  not  during  that  day?  A-  I 
did  not. 

Testimony  of  Jnmos  R.  Ford. 

By  Mr.  Ewing.— Q.  What  business  were  you  engaged 
in  about  the  tune  of  the  assiussinatiou  or  the  Presi- 
dent?   A.  I  was  business  manager  at  Ford's  Theatre. 

U.  State  when  you  were  apprised  that  the  President 
intended  to  visit  the  thratre  that  nig.it?  A.  At  about 
halr-p;ist  ten  o'clock  that  day  the  young  ma.i  from  the 
President  s  house,  who  usually  came  ou  such  errands, 
came  on  that  occasion;  I  do  not  know  his  name;  he 
seemed  to  be  a  ruuiier:  he  liad  been  to  the  theatre  half 
a  dozi'U  times  for  boxes  pre\iously. 

Q.  Had  the  Presiiient  been  previously  invited  for 
that  night?    A.  No  sir. 

Q.  State  whetiier  on  that  d.ay,  and  if  so,  how  soon 
alter  .vou  received  that  iiiiormaiioii  it  was  c  immunr- 
cattdto  J.Wiikes  Booth?  A.  1  saw  him  about  half-past 
12  o'clock,  some  two  hours  after  I  had  re -eivcd  the  in- 
lormation,  on  the  corner  of  Tenth  and  JO  streets.  H9 
was  going  up  towards  E.eventh  street.  1  do  not  kno\T 
whether  he  had  been  at  ihe  theatre. 

Q.  Had  you  any  knowledge  of  the  President's  intei^- 
tion  of  visui:ig  the  theatre  that  night  previous  there- 
to receiving  llils  message?    A.  No  s  r. 

Q.  Did  you  have  anything  to  do  with  the  decoration 
of  the  box  the  President  was  to  occupy?  A.  Nothing 
whatever. 

Q.  Did  you  procure  anything  to  decorate  it  with  or 
not?   A.  I  procured  a  flag  from  the  Treasury  Depart- 


TRIAL   OF   THE   ASSASSINS  AT   WASHINGTOX. 


121 


ment;  I  could  not  obtain  the  one  I  wanted;  a  3C-foot 
liag. 

y.  State  whether  or  not,  on  any  occasion,  you  had  a 
conver^aiion  With  Booth  aa  ut  his  v  urcuase  uf  lands, 
and  II  so.  uheie? 

Quest .<jn  oojected  to  by  Judge  Bingham,  as  irreva- 
lentand  immiilenal. 

Mr.  Ewiiig  stated  that  in  the  testimony  of  the  wit- 
ness Wcichmaii  a  ccmvfjrsation  at  tne  JSaiional  iiotei, 
between  li^oth  ana  tne  pr-soner,  isliidd.  was  iutro- 
f'jced  as  acrcuuistanc^  sbowuig  Mudd's  eoaneetion 
W.th  the  conafiracy.  The  pur,iosu  ui  this  evideuce 
was  to  sliuw  th.it,  H"  that  con  vers.ition  ever  ooournd, 
it  proved  iiutuing,  inasmuch  m  loiivtT.saiions  on  the 
part  01"  Boo. 11  With  various  parlies  in  rt-ieren.'e  to  the 
purchase  Oi  land  in  the  lowcipart  ot  Jiarylaud,  were 
Very  irequent. 

Toe  Oojcclion  was  sustained  by  the  Court. 

tt.  Do  you  know  o.  a  v.sitniade  Ij.vI:o  'in  into  Cliarles 
CO  n  y  ja>l  lall?  A.  1  doii'l  lihow  exceptfx-oiii  vvuat  ue 
toid  liio. 

J\ir  jjingbam.— You  need  not  state  what  he  told  you. 

Mr  ILwmg  lus.sted  on  tne  question  being  answered 
lniL.ll. 

Col.  Burnett.— Have  you  answered  that  question? 

Witness.— is  ay  1  have  never knovva  haii  to  f,o  there. 

U.  Jiavii  you  ever  ije.ira  hiiu  say  what  his  puriio.se 
was  ill  tny  visit  he  may  nave  uiade  to  Chailes  county 
last  lall.' 

tiuesiion  objected  to  by  Judge  Bingham  and  objection 
sustained. 

By  Mr.  Cox.— Q,  Did  you  send  notice  of  the  Presi- 
aent's  in.euUed  visit  to  lue  ibiu/- that  afternoon?  A.  X 
didofhi.^  iii.ent.vn  and  ut  tual  oi  Cieui-rai  (jraul;  1 
sent  It  aijout  tweive  o  clock. 

U.  in  wnose  hauawriiing  was  it?  A.  In  mine;  I 
wrote  i  . 

(4.  About  what  time  did  the  first  edition  containing 
that  uot.ce.  ppiar?    A.  j\bouttv\o  oclotli:,  1  tninii.       I 

U.  Had  jou  .sent  U  Lie.oie  yuu  lutt  Bootn  coming  up 
the  street  wit  1  that  letter?    A.  Yes. 

ti.  iiid  you  have  any  conversation  with  Booth  that 
day?    A.    Is  (j,  X  nieieiy  spoke  lo  liiiii. 

By  Mr.  Aiken— vj.  I>o  you  know  John  IC.  Surratt.  A. 
No,"sir. 

Q,.  ivid  you  see  any  of  that  description  (picture  of 
Surratt  showii;  about  there  that  uay?  A.  I  don't 
know  any  hucii  pei.son. 

Q.  Bo  yuu  know  iije  actor,  McCullouKh,  and  if  so,  do 
you  kiioiv  wl.atlimeheleftihe  ci.y.  A.  Iknow  lum; 
heleltl  balieve  wuta  Xorrest  did.  Wiiic.i  i  believe 
was  the  hrst  oi  January;  he  played  an  engagement 
with  liini. 

U.  Bid  McCuIlough  return  to  this  city  in  company 
with  ionejt.o.i  liie  hist  of  Marcli?  A.  lie  d.d.  on 
i'orrest  3  last  engageuieut;  i  do  not  know  what  lime 
tliat  Was. 

y.  Was  it  before  the  1st  of  April?    A.  I  thinly  so. 

(4.  Bo  you  know  01  your  owu  knovvlefl.;e  wnether 
McCuilouga  h..d  lelt  tl.ecity  bL'fore  the  Is't  (;f  Apnl? 
A.  Idjiioi;  J.  have  no  means  of  knowing  whea  he 
le.t;  i  could  ascertain  irom  the  books  of  tne  theatre 
Wheniorrest  le  l. 

Cross-e.\am;ne  J  by  Colonel  Burnett.— Q.  Where  were 
you  wnen  you  wr^te  that  notice  for  the  iiiar?  A.  I 
was  111  t.ie  l.ciiti  OiLiCe;  1.0  one  was  present. 

(J.  llad  you  h..d  any  conversation  with  any  one 
about seudin.-!  that  iioc.ce?  A.  1  asi>.ed  Mr.  Bi.illips, 
the  actor,  10  write  me  a  notice,  and  he  Said  he  would 
a.ier  w.iting  i..e  le^ular  aavertisement. 

U-  Bid  yi^uspea.'t  loaiiy  Oi.eelse?  A.  I  spoke  to  my 
younger  brotln.r  about  lue  propriety  of  writing  it;  i  did 
not  speali.  to  uuy  oue  else. 

Q.  iiad  i  ou  seen  Bootu  prior  to  writing  that  notice? 
A.  ^"osir. 

Q.  Hosv  did  you  send  it  away?  A.  I  sent  one  to  the 
Siur  and  cai  ried  the  other  to  lue  olhce  01  the  MtpabLi,- 
can  myself. 

Testimony  of  J.  Boney. 

Q.  Where  were  you  on  the  night  of  the  14th  of  April? 
A.  At  ioius 'ii.eaire. 

■Q.  Wuat  was  your  busine.ss  tliere?  A.  I  was  playing 
what  iscalled  ••responsible  utility." 

Q.  fcia  e  wueiuer  you  knew  anything  of  Booth's 
having  rode  up  to  the  alley  tioor  and  ca. led  lor  bjjan- 
kler?  A.  lie  taied  lor  me  lirat;  1  don't  know  wheiher 
Became  ou  a  horse  or  not.  but  he  told  me  to  ask 
Spaiigler  tj  comeand  nold  his  horse;  1  didn't  see  the 
horse;  1  was  on  tlie  opptsite  side,  and  I  sa.d  '•Booth 
wants  you  to  iiold  his  horse:"  he  went;  Booth  came 
Inside,  and  said  he,  'can  I  go  across  the  stage;"  said  1, 
"no.  tne  d.iiry  scene  laoii;  '  fepangler  then  called  me, 
and  told  me  to  call  •  PeaiSut  Jolin,"  to  hold  tlie  ha'  e, 
siiying  that  Uiliord  was  away  and  the  responsiuinty 
Ot'tue  scene  was  ail  011  him. 

Q.  Did  you  see  ttijaiigler  any  more  that  evening?  A. 
Idid:  three  or  lOur  limes. 

(4.  V\  here?    A.  On  the  stage. 

Q.  Wag  lie  in  his  ))i0iier  position?    A.  Yes  sir. 

Q.  D.d  you  sielim  about  the  lime  the  shot  was  fired? 
A.  About  t.vominut  s  belore. 

Q.  Where  was  he  tneu?  A.  On  the  same  side  of  the 
President  s  box. 

y.  Did  you  see  him  after  the  shot  was  fired?  A.  I 
saw  him  hve  or  six  minutes  alter. 


Q.  Where  was    he  then?     A.  On  the  stage  with  a 

crowd  of  peojjle. 

Q.  Wiiat  Was  he  doing  there?  A.  I  tcok  no  notice  of 
him  at  a  1. 

Q.  Did  you  see  Booth  as  he  left?  A.  I  saw  him  as  he 
made  his  e.v.t  at  the  hrst  leit  hand  entrance;  he  had  a 
long  double-ed,ed  kniie  that  looked  iiue  a  new  one. 

y.  D.d  you  see  anybody  follow  him?  A.  1  did  not 
see  any  man  gel  ou  the  stage  until  he  had  made  hiS 
exit. 

y.  How  long  after  did  you  see  a  man  get  on  the 
stage?    A.  '1  wo  or  turee  seconds. 

ti.  Who  got  on  thesiagetirst  after  Booth?  A.  A  tall, 
stout  gentleman  witu  grey  clothes;  1  mink  he  had  a 
moustache. 

y.  \\  iiaidid  he  do?  A-  He  made  his  exil  the  same 
way  tuat  Booth  did. 

Testimony  of  S.  J.  Gifi'ord. 

Q.  Did  you  know  anything  of  a  horse  and  buggry  be- 
longing 10  Booth  being  soid  a  week  or  so  before  lae  as- 
sasiUiiiioir.'  A.  1  lieard  Booth  tell  Sj,ani,ler  toseiMi 
the  lioise  and  buggy  to  Tattersail's  and  sell  it,  one  week 
bei'ore  ine  i.ssassuiation. 

y.  Do  you  know  Mr.  Jacob  Witherspough?  A.  I 
knew  a  man  wao  worked  in  the  theatre  by  inat  name; 
he  was  there  two  or  inree  weeKs. 

y.  SMa  e  wlietiier  or  not,  siucehe  was  released  from 
Carroll  Hall,  or  just  previous  to  his  release,  he  loid  jou 
at  tlie  prison  of  tue  assussiuation  of  liie  President,  not 
tos.iy  wuich  way  lie  weut,  meaning  Bootii;  and  did  he 
s.iy  t.lat  iSpaiigier  hit  hun  ou  tlie  lat  e  w.th  the  b-ick  of 
h  3  hand?  A.  Ko  sir;  he  said  he  had  been  down  and 
had  nottilu  a.i  he  knew  and  wanted  10  know  it  he 
coulJ  mu.^e  another  .statement;  1  told  Imii  certtitnly, 
and  ihatheougnl  10  be  very  particular  aud  state  tue 
Wi.oleiiuln. 

y.  Ltiile  whether  you  know  anything  of  the  accused, 
Spangier,  being  in  the  custom  of  craubing  and  other 
fisliiu,:.;.  A.  Yes,  I  know  he  would  go  ou  baturday 
night  and  stay  ii.l  Sunday  morning;  I  have  never  seen 
him  lisi.ing  mj'seif. 

y.  State  whether  his  rope  could  be  used  for  that  pur- 
pose. A.  Yes  sir;  but  they  tie  another  small  line  out 
of  the  end. 

Testimony  of  I>r.  McKinn. 

Q.  Where  do  you  reside?  A.  In  Washington,  in  the 
eastern  part  of  the  city. 

y.  Do  you  know  Harold?    A.  yes  sir. 

y.  How  long  have  you  known  him?  A.  I  don't  know 
when  1  have  not  known  liiui  lor  the  last  two  years;  I 
have  known  him  very  well  lor  the  last  bi.x  years. 

y.  State  his  cuaritcter.  A.  He  was  a  light,  unre- 
liaole,  trivial  boy.  and  is  in  mind  about  eleven  years 
of  age;  1  never  would  ailowhim  to  put  up  a  prescrii>- 
tion  oi'mine,  if  1  could  go  elsewhere,  believing  that  he 
would  tamper  with  it  it  he  thought  he  could  play  a 
joke  uj  on  anybocfj'  by  it. 

The  c  ourt  here  adjourned  until  ten  o'clock  on  Fri- 
day moru.ng. 


Washington,  June  2.— After  the  reading  of  the  re- 
cord, the  examination  of  witnesses  for  the  defense 
was  resumed. 

TfstJimony  of  Charles  Bnlgrer. 

By  Mr.  Ewing.— Thosubstance  of  the  testimony  of  thia 
witness  was  as  follows:— Witness  knew  the  prisoner, 
Edward  Spangier,  having  boarded  at  a  house  at  which 
the  prisoner  boarded  for  five  or  six  months;  alter  the 
a-ssassination  the  accused  remained  at  the  house  for 
several  days. 

Testimony  of  John  Onnther. 

By  Mr.  Ewing.— The  testimony  of  this  witness  was 
substantially  the  same  as  that  of  the  previous  wit- 
ness. He  testitied  to  having  boarded  lor  several  years 
at  the  iionse  at  which  the  prisoner  stopped  (or  six  or 
seven  months,  and  was  certain  ofliavins  seen  him 
about  the  boarding  house  some  two  or  three  daysalter 
the  assassination.  Witness  never  saw  him  wear  a 
moustache. 

Cros^-e.\aminedby  Judge  Advocate  Bingham.— Saw 
the  prisoner  generally  in  the  morning  or  evening;  the 
accused  did  not  sieei)  at  the  boarding-house. 

Testimony  of  Thomas  J.  IteyboUl. 

By  Mr.  Ewing.— Q.  State  how  long  you  have  been  in 
Washirgton,  and  wliathas  been  your  occupation  here? 
A.  I  h;ive  nut  lived  permanently  in  Washiii.;t  m.  only 
since  the  last  Monday  of  December  one  year  ago.  at 
which  time  I  came  to  Washington  lorMr.  Ford  ;  t  was 
employed  at  that  gentleman's  theatre  to  take  charge 
01  the  Jiuuse;  to  see  to  the  front  of  tlie  house,  and  pur- 
chp-se  everything  that  was  to  be  purchased  for  the 
house;  any  repairs  to  the  house  were  done  t.irough  my 
orders:  that  was  my  business  tliere;  in  the  absence  of 
eitiif  Ttf  tue  Messrs.  Ford,  I  went  in  the  box-office  and 
sold  the  tickets. 

y.  State  whether  you  know  anything  as  to  any  of  the 
locks  of  the  private  boxes  being  broken,  and  if  so, 
what  you  know.  A.  I  think  it  was  during  Mrs.  Bowers* 
engagement,  in  March,  about  the  7th,  when  being  one 


1  Ort 


TRIAL   OF   THE   ASSASSINS   AT  WASHINGTON. 


day  at  dinner,  Mr.  Merrick,  of  the  National  ITotel. 
asked  me  lo  reserve  some  seats  for  liim  that  eve-ning, 
three.  I  think,  in  tlio orchestra:  I  didso;Mr.  JlL'rricl^ 
had  not  arrived  by  the  end  ofthe  first  act,  and  as  it 
was  customary  for  allieservedseatsnotoccupiedatthe 
end  of  tlie  first  act  to  be  taken  by  other  persons 
present  wanting  seats,  those  seats  were  taken  shortly 
alter  that;  Mr.  Merrick,  accompauie<l  by  his  wife,  Mr. 
Martin  and  several  ladies  came  in  and  I  was  in  ormed 
of  tlieir  arrival,  and  asked  what  I  liad  done  with  the 
seats  reserved  for  them,  and  I  went  to  see  about  them, 
and  found  that  the  usher  had  tilled  them;  I  then  look 
them  up  stairs  to  Box  6,  which  was  locked  and  could 
not  he  entered;  1  tliea  crossed  to  Boxes  7  and  8,  gene- 
rally termed  the  President's  Box,  which  were  also 
locked;  1  endeavored  to  force  it  open  by  applyin-:;  my 
shoulder  lo  the  door,  but  failing  in  that  I  used  my  foot 
and  succeeded  in  kicking  it  open. 

CI.  State  whether  that  tier  led  into  the  box  which  the 
President  oi'cupied  at  the  time  of  the  assassination? 
A.  It  did,  by  request;  when  the  President  occupied  the 
box  we  would  take  the  partition  out,  and  the  two 
boxes  wood  then  be  occupied  as  one. 

Q.  When  the  two  boxes  are  thrown  into  one  by 
which  door  do  you  enter  the  President's  box'?  A.  The 
door  of  Box  8. 

Q.  Do  you  know  whether  that  was  the  door  that  was 
used  on  the  night  ot  the  as.sassination?  A.  Yes  sir,  it 
was;  the  other  one  could  not  be  used. 

Q.  Do  you  know  whether  the  lock  that  was  burst 
open  was  afterwards  repaired?  A.  I  do  not;  i  never 
examined  it  afterwards:  I  suppose  it  was  my  place  to 
havereiior;ed  the  fact,  and  though  I  frequently  passed 
into  the  bo-x  afterwards  I  never  thought  of  having  the 
lock  fixed. 

Q.  To  whom  would  you  have  reported  for  repairs? 
A.  To  Mr.  Gilford. 

Q.  But  you  made  no  report  to  him  of  it?  A.  No  sir, 
I  never  said  anything  about  it;  I  never  thought  it 
■worth  while  to  mention  it. 

Q.  State  whetlier  you  have  any  knowledge  of  Booth 
occupying  either  of  tl.o«e  two  bo.xes  shortly  boTore  the 
assassination?  A.  I  cannot  say  precisely  the  time,  but 
it  was  abou'.  two  weeks,  I  think,  pri^ir  to  the  itth  tiiat 
Mr.  Booth  en  -aged  private  box  No.  4,  and  in  the  even- 
ing of  tnat  d.x.v  came  again  to  the  office  while  I  was 
sifting  ill  the  vestibule,  and  asked  for  an  exchange  of 
the  box  lor  box  No.  7,  one  of  the  Pre-ideutial  b  ixes, 
and  the  one  in  which  a  hole  was  f^  uiid  to  have  been 
bored  ho  occupied  that  nii;hf.  eiiher  box  No.  7  or  8. 1 
cannot  swear  positively  which  box. 

Q.  State  whether  there  were  any  box  tickets  sold  at 
the  theatre  up  to  the  tiineof  tl.e  opening.  A.  To  the 
best  of  my  knowledge  there  \vfis  n  t;  Isuid  none:  I  was 
not  in  the  oliice  all  the  time  that  day;  I  was  there  dur- 
ing the  af:ernron,  andolso  in  the  morning,  when  the 
tickets  were  obtained  for  the  President  by  his  messen- 
ger: I  do  not  know  positively  whether  there  were  any 
sold,  or  whether  there  were  an.v  applications  (or  any. 

Q.  State  at  what  hour  the  President  engaged  those 
Beats  ?    A.  Between  10  and  11  o'clock  in  the  lorenoon. 

Q.  Had  lie  been  previously  invited?  A.  Not  to  mj' 
knowledge. 

Q.  Did  you  see  the  messenger?  A.  I  did,  and  was 
talking  to  him. 

Q.  State  whether  you  saw  anything  of  Booth  that 
morning  after  the  President  had'  enjiaged  the  box?  A. 
I  cannot  say  whether  it  w;is  alter  or  before  that  time; 
1  saw  him  that  morning;  he  got  a  letter  trom  the  oliice 
that  morning:  he  generally  came  there  every  morn- 
ing; his  letters  were  directed  to  Mr.  Ford's  box  in  the 
Post  Oflice  and  were  brought  to  the  theatre  every 
morning. 

Q.  Did  Booth  get  more  than  one  letter  that  morn- 
ing?   A.  Not  to  my  knowledge. 

Q.  State  it  you  know  any  reason  why  the  rocking 
chair  in  which  the  President  is  said  to  havesacthat 
night  should  have  been  in  the  position  in  which  it 
was?  A.  The  position  in  which  it  was  then  was  the 
same  in  which  1  had  placed  it  m.vself  on  two  other  oc- 
casions when  the  President  occupied  that  box.  and  the 
reason  was  that  it  placed  in  any  other  position  the 
rockers  would  be  in  the  w*-;  the  removal  of  the  par- 
tition loft  a  triangular  corner  to  the  le:t  of  the  balus- 
trade of  the  box.  and  the  rockers  went  into  the  corner 
and  were  out  of  the  way;  that  was  the  only  reason 
why  I  put  it  there. 

Q.  When  was  that'  A.  During  last  winter  a  year 
ago. 

Q.  It  had  not  been  used  in  the  box  during  this  last 
season  up  to  that  time?  A.  The  sofa  had  been  used;  it 
had  not. 

Q.  State  what  j-ou  saw  of  Spangler,  if  anj'thing,  after 
the  assassination.  A.  I  do  not  recollect  seeing  him 
alter  that;  I  onl.v  knew  that  he  was  arrested  in  the 
house  on  the  following  Saturday  morning. 

Q.  Was  he  not  about  the  theatre  after  that  morning? 
A.  I  cannot  say;  in  accordance  with  my  usual  custom 
I  went  to  Baltimore  on  that  Saturday  night  to  visit 
my  family,  who  residedthere. 

Q.  Was  the  theatrc'Closed  until  your  return?  A.  It 
was;  1  returned  on  Monday  morning. 

Q.  Examine  that  rope  (exhibiting  rope  found  in  the 
carpetbag  of  the  prisoner  Spangler)  and  state  whether 
you  know  of  an.v  such  rope  being  used  about  the  thea- 
tre, and  whether,  from  its  ilexibiUty,  you    would 


judge  that  it  had  been  used?  A.  From  its  appearance 
1  know  that  tt  has  been  used;  if  it  had  not  ii,  would  be 
lighter  in  color;  it  is  like  the  ropes  that  are  generally 
used  ill  the  Hies  for  drawing  up  the  scenes;  what  is 
called  a  border  rope. 

Cross-examined  by  Assistant  Judge  Advocate  Bing- 
ham.—Q.  You  say  that  kind  of  a  rope  was  used  in  the 
theatre  in  fixing  up  the  flies?  A.  The  wings;  or,  at 
least,  the  borders. 

Q.  If  the  rope  had  been  used  in  the  theatre  it  would 
have  belonged  there,  would  it  not  ?    A.  Yes  sir. 

Q.  Tlie  proper  place  would  not  be  a  carpet-sack  half 
a  mile  away?    A.  No  sir,  I  do  not  think  it  w  onld. 

Q.  Mr.  Spangl-er  would  not  supply  the  theatre  with 
a  rope  at  his  own  expense?  A.  It  is  not  my  opinion 
that  he  did. 

Q.  The  rope  that  he  used,  which  you  have  described, 
is  a  permanent  fixture,  is  it  not?  A.  Sometimes  we 
use  a  great  man.v  of  these  ropes,  and  then  take  them 
down  and  they  lay  up  in  the  lolt  until  we  need  them 
again. 

'U.  Was  it  the  inner  or  the  outer  door  of  the  box  that 
you  forced  ouen?    A.  It  was  the  inner  door. 

Q.  Is  Box  8  the  one  nearer  the  stage?    A.  It  is. 

Q.  Could  you.  by  direct  force,  have  burst  open  the 
door  ol  the  box.  tlie  keeper  of  which  was  fastened  by 
screws,  so  as  to  have  drawn  the  keeper  w-ithout  spiit- 
t>ng  the  wood?  A.  I  might  have  started  the  keeper;  it 
would  have  been  according  to  the  length  of  the  screws. 

ti.  Is  not  the  facing  of  that  door  of  pine?  A.  Yes  sir; 
as  lar  as  I  can  judge. 

Q.  Is  it  y(;ur  opinion  that  the  keeper  of  the  lock 
could  have  been  burst  otf  by  force  without  splitting  the 
wood?    A.  I  think  so;  it  might  havebeeu  so 

Q.  When  were  you  in  the  box  last?  A.  The  morning 
alter  the  a.ssassinadon. 

Q.  When  before  the  assassination?  A.  About  five 
minutes  that  afternoon. 

Q.  Did  you  see  either  a  mortice  in  the  wall  or  a  piece 
of  wood  to  lasten  the  door?    A.  Nosir. 

Q.  Did  .vou  see  a  mortice  there  the  morning  after  the 
assassination?  A.  No  sir;  my  attention  was  not  called 
to  it. 

Q.  State  what  you  know,  if  anything,  about  the  rock- 
ing chair  in  which  the  Presidentsat  being  placed  in  the 
box?  A.  I  do  not  know  who  put  it  there,  but  1  know 
\vho  was  ordered  to  put  it  there;  I  was  in  the  box  only 
about  live  minutes,  when  I  assisted  in  fixing  the  flags; 
it  was  then  in  the  corner  of  Bo.x  7.  and  sitting  in  the 
position  in  which  the  cluiir  was  then  placed,  the  Presi- 
dent woujl  h;ive  his  back  to  the  audience,  and  his  side 
partially  toward  the  stage. 

By  Mr.  Ewing.— Q.  Was  it  after  Booth  pla.ved  "Pe3- 
cara'' that  he  ooctipied  that  bo.x  ?  A.  I  could  not  tell 
that;  he  ordered  the  box  on  two  occasions,  but  (ju  one 
occasion  did  not  u  ;e  it  for  he  told  me  in  the  evening 
that  he  would  not  be  able  to  use  that  bo.x,  as  some  la- 
dies stopping  at  the  National  Hotel  had  disappointed 
him. 

Q.  How  long  was  it  before  the  assassination  that  he 
used  it  ?    A.  About  two  weeks. 

By  the  Court.— Q.  Do  yi.u  know  of  what  material 
that  rope  is  made  ?    A.  I  think  it  is  a  Manilla  rope. 

By  Judgvi  Advocate  Holt.— Do  you  or  not  know  that 
thecolor  of  a  rope  does  not  depend  on  its  age  or  its 
use?  A.  I  know  tliat  water  will  make  tlie  color  of  a 
roiie  darker,  but  Us  color.  s.o  far  as  my  knowledge  es- 
tends,  does  depend  ujjon  its  use. 

Testimony  of  Henry    E.  MerricU. 

By  Mr.  Ewing.— Q.  State  your  business?  A.  I  am 
clerk  of  the  National  Hotel. 

ti.  State  whether  or  not  some  time  before  the  assas- 
sination of  the  President  you  went  to  Ford's  Theatre 
and  Sir.  Beybold  slicwed  you  to  a  box?  A.  Yes  sir; 
it  was  on  the  evening  of  the  Ttli  of  Jlaich:  I  had  my 
wile  and  other  ladies  with  me,  and  we  w-ere  shown  to 
a  bo.x  on  the  right  hand  side  as  .vou  pass  down  the 
dress  circle:  it  was  the  box  nearest  the  entrance;  I  do 
not  know  the  number. 

Ci.  A  re  you  certain  that  it  was  the  box  furthest  from 
the  stage?    A.  Yes  sir. 

Q.  Do  you  know  any  thing  about  the  door  being 
forced  open?  A.  The  door  w.os  forced  open  by  Mr. 
Kevbold,  who  was  unable  to  fin'1  the  ke3-:  the  keeper, 
I  think  was  forced  otf:  at  least,  the  screw  thatheldthe 
upper  part  of  the  keeper  came  out  and  it  whirled 
around  and  hung  by  the  lower  screw:  we  then  entered 
the  box  and  remained  there  during  the  play. 

Q.  Do  you  know  when  .John  McCullongh.  the  actor, 
was  last  at  the  National  Hotel?  A.  Our  books  show 
that  he  left  there  on  the  26:h  of  Jlarch:  he  paid  his 
bill  on  that  day,  and  since  then  I  have  not  seen  him. 

Q.  Was  be  in  the  habit  of  stopping  at  your  hotel?  A. 
He  was ;  I  have  never  known  him  to  stop  at  any  othei 
hotel. 

Q.  Was  he  there  on  the  2d  of  April?  A.  Not  to  my 
knowledge. 

Cross-examined  by  Assistant  Judge  Advocate  Efngr- 
ham.— Q.  Many  persons  come  into  your  hotel  to  visit 
guests  of  theliouseand  go  away  again  without  your 
knowing  it,  do  they  not?  A.  They  might  call  there  on 
their  friends. 

Q.  On  the  night  of  which  you  have  spoken  as  the  oc- 
casion of  your  "visit  to  the  theatre  you  entered  the  first 


TRIAL   OP   THE   ASSASSINS  AT   WASHINGTON. 


123 


box  that  you  came  to  in  passing  down  the  dress  circle? 
A.  Yi^ssir. 

Q.  The  box  next  the  stage  you  did  not  eater  at  all? 
A.  I  did  not:  we  eniered  the  first  box. 

Testimony  of  James  I^iamb. 

By  Mr.  Ewing.— Q.  State  where  and  In  what  capacity 
you  were  emplo.veilat  the  time  oi'tlie  assasslnunoa  of 
the  President.    A,  At  Mr.  Ford's  theatre,  vvliere  lliave 
been  empoyedior  ihelast  two  seasons,  over  a  year, 
In  thecapacity  of  scene  painter. 

Q.  Examine  tliat  rope  (exhibiting  to  witness  the  rope 
found  HI  ypangler  8  possession),  and  stale  wliether  you 
have  seen  tuiy  ropes  like  that  used  m  the  theatre.  A. 
I  have:  but  ail  ropes  of  this  dcsc'ription  bear  some 
similarity:  ropesliku  that  areuspd  in  the  theatre  lor 
suspending  borders  tliat  hang  across  the  tops  of  the 
scenes;  they  are  called  border  ropes. 

Q.  What  is  ttie  length  ol'ro|iesused  for  that  purpose 
in  the  theatre?  A.  Not  le=is  lh:in  eighty  (.sO)  feei;  iliey 
are  used  lor  raising  and  lowering  the  borders;  tlie.se 
bordersare  long  strips  of  canvas,  which  are  painted  to 
represent  interiors  and  e.xteriors;  somelinies.  when  it 
is  necessary  to  alter  them,  tlie.v  are  lowered  upon  the 
stage  tor  tlie  purpose  of  being  repa.nted;  the  ropes 
used  are  about  tiie  length  of  this  one. 

Q.  E.xamjie  it  careinlly.  and  state  whether  it  has 
the-appearauco  of  having  bten  used.  A.  It  has  the 
appearLLiice' of  having  been  chafed,  and  a  new  rope 
would  heti  little  stifi'er,  it  strikes  me. 

Q.  IJoe^  it  10(  k  as  if  it  h:id  been  used  as  a  border 
rope?  A.  I  cannot  say  that  there  is  aii.vthing  about  it 
that  won ^d  l"i.dme  to  form  an  opiuior>  on  tliat  poini;  it 
is  the  same  kind  of  a  ro  e  that  is  used  for  that  pur- 
pose, butii  icliad  been  soused,  I  think  tlicre'would  be 
a  knot  hero:  one  end  appears  to  have  been  cut;  t  here 
were  about  ony  or  litiy  such  ropes  employed  about 
thetheaire. 

By  Assistant  Judge  Advocate  Bingham.— Q.  Were 
you  iT^ilUiimed  witu  John  Wilkes  Booth?  A.  I  knew 
him  b.vi-ii,'ht:  i  never  spnke  a  word  to  liim. 

liY  the  Court.— Q.  Of  what  material  is  that  rope?  A. 
I  should  say  it  was  hemp. 

By  Mr.  Kwing.— Ci.  Hive  you  any  reason  to  believe, 
from  an  examination  of  the  rope,  that  it  was  not  used 
as  a  border  rope?    A.  No  sir. 

Q.  Did  you  SL'e  anything  of  the  prisoner,  Edward 
bpangler," alter  the  assassination?  A.  I  saw  hiru  on 
Saturday,  the  day  after  the  President  was  assassinated: 
I  was  in  the  theatre  loitering  Hboutfroni  ten  o'clock 
until  the  military  took  possession  of  the  building,  my 
feelings  were  excited,  and  I  remained  on  tlie.spotthe 
whole  day,  and  saw  Spaugler  several  times  during  the 
day. 

Q.  Wheie  did  you  see  the  prisoner,  and  who  were 
with  him?  A.  Isavv  hiinoiilhestaL;e;  there  were  seve- 
ral others  there;  JNladdox,  a  man  by  the  name  of  Jake, 
Mr.  Giflbrd,  Jlr,  Wrife'lit.  and  Mr.  Car. and. 

Q.  Wlio  were  with  Sjjannlcr?  A.  There  was  no  com- 
panionship particularl3';  they  all  seemed  to  be  loitering 
about. 

Q.  What  time  in  the  day  was  that?  A.  About  twelve 
or  one  o'clock;  I  did  not  see  Spaugler  since  until  I  saw 
him  this  morning. 

Testimony  of  William  It.  Smitii. 

By  Mr.  Ewing.— Q.  State  your  residence  and  busi- 
ness. A.  I  live  in  Washington,  and  am  Superintend- 
ent of  the  B  itanic  Gardens. 

CJ.  Were  you  in  Ford's  Theatre  at  the  time  of  the  as- 
sassination?   A.  I  was. 

Q.  Did  you  see  Booth  pass  off  the  stage?    A.  I  did. 

Q.  Did  you  see  Mr.  Stewart  get  on  the  stage?  A.  Mr, 
Stewart  was  about  the  first  ihatgoton  thestage;  it  is 
mv  impression  that  Booth  was  o;f  the  stave  beiore  Mr. 
Stewart  got  on  it;  1  saw  Stewart  turn  around  and  look 
up  at  the  l)ox  in  which  the  President  had  been  mur- 
dered; I  did  not  watch  him  any  further. 

Q.  You  think  that  Booth  got  off  the  stage  before  any 
one  got  on  it?    A.  Yes  sir. 

Re-Examination  of  Jacob  Ritterspaugrh. 

By  Jlr.  Ewing.— Q,  When  you  were  examined  for  the 
prosecution  you,sp:jkeof  spangler  having  slapped  you 
in  the  face  after  your  return  from  Iblluwing  Booth, 
and  of  his  saying: —"Shut  up,  don  t  say  which  way  he 
went?"    A.  Yes  sir. 

Q.  Did  you  make  the  same  statement  the  next  day 
when  yoii  were  in  tlie  theatre  to  Mr.  Lamb,  and  on  the 
night  "of  the  assassination  to  Mr.  Cariand  when  he 
aroused  3'ou  from  sleep?  A.  Yes  sir;  Mr.  Cariand, 
when  he  awakened  me.  asked  me  what  Ned  said  to 
me,  and  I  told.him  that  Ned  had  slapped  me  in  the 
mouth  and  said:— "Don't  say  which  way  he  went." 

Q.  Were  you  not  on  the  stage  on  the  alternoon  of 
the  da.y  of  the  assassination?    A.  Yes  sir. 

Q,  State  what  you  and  Spaugler  saw.  A.  I  saw  a 
man  in  tlie  dress  circle  smoking  asegar,  and  I  asked 
Spangler  who  he  was:  he  said  he  did  not  know:  I 
then  said  we  ought  to  tell  him  to  go  out,  and  Spang- 
ler said  he  had  a  right  there;  1  resumed  my  work  and 
alter  awhile  looked  around  again,  and  saw  tiie  man 
sitting  in  a  private  box,  on  the  right-hand  side  of  the 
fctacce:  a.ter  th Lit  the  man  went  out. 

Q  Was  the  man  near  enough  to  hear  what  Spangler 
said?   A.  Yes  sir. 


By  Assistant  Judere  Advocate  Bingham.— Q.  Do  you 
know  what  man  liiut  was?    A.  No  sir. 

Bv  Mr.  Ewing.— Q.  What  time  in  the  evening  was 
that?  A.  About  six  o'clock  in  the  evening  of  the  day 
on  which  t)ie  President  was  assassinated,  and  just  be- 
fore we  went  to  supper. 

By  Assistant  Judge  Advocate  Bingham.— Q.  Where 
d  d.vou say  that  man  was?  A.  In  a  private  box,  one 
Of  tlie  lower  boxes  in  the  dress  circle  on  the  right  hand 
side  ot  the  stage. 

Testimony   of  I^ouis   J.    Cariand. 

By  Mr.  Ewing.— Q.  State  whether  you  are  acquainted 
with  Jacob  Ktterspaugh?    A.  lam. 

Q.  State  Whether  you  saw  him  in  Mr.  GitTord's  room 
on  llie  night  of  the  assassination  alter  it  liad  taken 
place,  and  what  did  Ritterspaughsa.von  tliat  occasion? 
A.  lie  wasiLSleep,  and  on  my  awakenim,'  him  lie  ap- 
peared frightened  and  thought  I  was  Mr.  Booth;  I 
asked  him  where  Spangler  was,  and  he  said  he  did  not 
know,  that  wlienhe  last  saw  Spangler  he  was  standing 
beliind  the  seenesjust  after  Buotli  ran  outthebacK  part 
of  the  theatre,  and  that  he  said  to  Snangler,  "that  was 
Mr.  Booth,"  when  Spangler  slapped  him  in  the  mouth 
and  sud,  "you  don't  know  who  it  was;;t  might  have 
been  Booth,  and  it  might  have  been  somebody  else.". 

Q.  Did  Ritterspauyh  tell  you  that  Spangler  slapped 
him,  n  the  lace  and  said,  Don't  say  which  way  ha 
went?    A.  No  sir. 

Q.  Did  he  ted  you  anything  to  that  effect?  A.  No 
sir. 

U.  Are  you  sure  that  he  did  not  say  it  to  you?  A.  I 
am  certain. 

U.  Where  was  Spangler  when  you  first  saw  him  af- 
ter the  assassination?  A.  In  the  theatre  on  thestage: 
I  was  ill  his  company  till  Sunday  night,  when  I  went 
to  tlu3  Hermann  House,  and  he  went  to  sleep  in  the 
theatre;  1  suppose  he  left  to  go  there  to  sleep. 

Q.  Where  was  lie  during  Saturaayand  Sunday?  A. 
On  the  Saturday  night  alter  the  murder  he  was  going 
to  sleep  in  the  theatre  as  usual,  but  tiiere  was  some 
talk  about  burning  the  theatre, and,  being  a  heavy 
sleeper,  he  was  al  raid  to  sleep  there,  so  became  to  my 
room  and  I  let  him  sleep  there  all  niglit ;  on  Sunday 
morning  I  went  to  church,  and  rnet  him  again  in  the 
street  near  the  tucatre;  we  walked  around  "that  after- 
noon and  parted  in  the  evening. 

Q.  Do  you  know  whether  or  not,  during  those  two 
days  you  \\  ere>with  Spangler,  he  had  much  money?  A. 
De  had  very  little  change. 

Q.  State  whether  Booth  often  frequented  the  thea- 
treand  stayed  about  thireagreat  de:il,  ai;<l  on  what 
terms  was  lie  with  the  employets?  A.  On  ver.v  inti- 
mate terms:  he  seemed  to  become  familiar  with  peo- 
p  e  on  ashort  acijuaintance. 

The  rope  found  in  Spangler's  carpet-bag  was  ex- 
hibited to  the  witness,  when  he  stat"d  that  it  resem- 
bled one  used  by  Mr.  Spangler  and  Mr.  Ritterspaugh, 
abcjut  two  weeks  before  the  murder,  to  carry  up  some 
lumber  to  the  lourth  story  ot  the  ttieatre.  lie  thought 
it  had  the  appearance  of  having  been  used  and  of  hav- 
ing Iain  out  of  doors. 

Cross-examined  by  Assistant  Judge  Advocate  Bing- 
ham.— Q.  Spangler  usually  slept  in  the  theatre?  A.  Yea 
sir. 

Q.  He  did  not  sleep  there  on  the  night  of  the  mur- 
der?   A.  No  sir. 

Q.  Did  he  sleep  there  on  Sunday  night?    A.  No  sir. 

Q.  Where  and  at  what  time  did  you  awaken  Ritter- 
spaugh? A.  It  wasonthe  first  floor.iii  wliatwascalled 
the  manager's  ollice,  at  about  twelve  o'clock  on  the 
night  of  the  murder:  I  was  alone  at  the  time, 

U  To  whom  did  .vou  tell  what  Ritterspaus>,h  said  to 
you?  A.  Toiubody  but  Wm.  Withers,  Jr.;  Hold  him 
on  the  Sunday  aiternoon  alter  the  assassiuatitin. 

By  Mr.  Ewing.— Q.  Was  Ititterspansh  fully  awake 
when  you  had  the  conversation  with  him?    A.  Yes  sir. 

Testimony  of  James  I>yon. 

By  Mr.  Ewing.— Q.  Are  you  acquainted  with  Jacob 
BiUersnangh.    A.  "!i'es. 

Q.  D  d  you  see  himon  the  day  after  the  President 
was  killed?    A.  I  did,  on  Saturday. 

Q,  Did  he  say  anything  to  you  about  a  conversation 
he  had  had  with  Spangler  directly  afier  the  assassina- 
tion? A.  Yes;  he  was  grumbling  and  saying -it  was 
well  for  Ned  that  he  hail  not  something  in  his  hand 
at  the  time;  wiiness  asked  wh3':  said  he,  "Ned  struck 
medast  night  a  very  hard  blow,  and  said  shut  up," 
at  tho  same  time,  "you  know  nothing  about  ii." 

Q.  In  what  conneciion  did  lie  s;iy  tnat  happened? 
A.  He  said  he  was  acquaintad  with  Booth,  and  re- 
marked to  Spangler  as  Booth  ran  out,  "i  know  who 
that  was;  that  was  Booth  who  ran  out;"  then  Ned  said 
"Shut  up;  keep  quiet;  what  do  j'ou  know  about  it." 

Q.  When  did  he  sa.v  that  was?  A.  That  was  wliile  the 
party,  Bootn  or  whoever  it  might  be,  was  leaving  the 
stage,  that  IS,  making  his  escape;  this'nian  Jake  then 
rushed  up  and  was  making  this  explanatim.  "I  know 
him;  that  was  Booth;''  Ned  then  turned  around  and 
strui'k  him  with  the  back  of  his  hand  and  .said,  "shut 
up:  you  know  nothing  about  it;  what  do  you  know 
about  it;  keep*qiiiet." 

Q.  Did  or  did  n  it  Jacob  Ritterspaugh  say  that  Spang- 
ler said  to  him  "do  not  say  which  way  he  went."  or 
any  words  to  that  effect?   A.  He  did  not,  I  am  surej 


124 


TRIAL   OF  THE   ASSASSIXS   AT  WASHINGTON. 


Crcs-examined  by  Judge  Bingham.— Q.  State  now 
exactly  what  Jake  baid  to  you  on  that  occas.on.  A. 
He  Said  '1  lul  lowed  out  the  party  and  was  close  at  his 
heeli:  I  said  to  iSpangler,  I  know  bim,"  or  words 
to  that  effect. 

Q.  He  said  he  was  right  at  Booth's  heels,  did  he?  A. 
Ko,  net  tliat,  he  said  he  w;vs  nearlj'. 

Q.  Did  not  you  say  lie  followed  the  party  close  at  his 
heels?  A.  Well.  I  sav  he  did.  and  received  a  blow 
from  Spangler  and  tUatshut  him  up. 

Testimony  of  J.  W.  Bunker. 

By  Mr.  Ewing.— Q.  What  is  your  occupation?  A.  I 
am  clerk  at  tlie  National  Hotel  in  this  city. 

Q.  Siaie  whether  or  not  alter  the.assassination  of  the 
Prtsdent  you  luund  any  articles  in  Booth's  rof)m  at 
the  hotel.  A.  I  racked  up  Booth's  luggage  and  had  it 
removed  to  our  baggage  room  on  the  day  alter  the  as- 
Bassination. 

Q.  Did  vou  find  any ''arpenter's  tools?  A.  I  found  a 
large-sized  glmblet  Willi  aa  iron  bundle  in  his  trunk; 
I  took  it  and  carried  it  to  my  room;  1  afterwards  gave 
it  to  Mr  Hall,  who  was  attending  to  Ford's  business. 

Q.  Do  you  know  whether  John  McCullough,  the 
actor,  was  in  Washington  on  the  1st  ot  April?  A.  1 
haveexamiueil  our  buokK  thoroughly  and  find  that 
the  last  tiaie  McCulIough  regi.>tered  was  on  the  11th  oi' 
March;  he  lelt  the  house  onllie"2(ith  ottliat  month;  his 
name  is  not  on  our  books  after  that  date. 

CI-  Waerewu'i  horn  the  habit  of  stopping  when  he 
came  lo  Washington?  A.  He  made  h  s  1  nir.e  at  the 
National:  I  have  never  known  of  his  stopping  at  any 
other  place. 

Q.  D.d  vou  see  him  in  the  city  after  the  26th  of 
March?    A.  X  d.d  not. 

Testimony  of  Chas.  B.  Hall. 

By  Mr.  Ewing.— Q.  Where  have  you  been  living  flir 
the  past  two  or  three  months,  and  what  has  been  your 
occupation?  A.  I  have  been  acting  as  cierk  for  Mr. 
'Wharton  a  sutler  at  Fortress  Monroe. 

Q.  Is  his  store  inside  the  fortiticalions  or  outside? 
A.  It  is  outside,  at' what  is  called  Old  Point. 

Q.  Are  yuii  acquainted  with  the  prisoner.  Arnold? 
A.  Igol  acc|uainted  with  liini  at  Mr.  Wharton's  store; 
became  there  in  the  latter  part  of  Marcli  or  tae  1st  ol 
April;  Icannotli.x  the  date;  it  w:is  on  aHuiida.v. 

Q.  State  how  long  he  remained  there,  and  \vhathis 
business  was.  A.  He  was  assistingme  atbook-keep- 
ing;  he  stayed  theie  two  weeks  and  one  day,  I  think. 

Q.  l:idyou  ste  him  there  constant  vat  that  time? 
A.  Ko;  I  was  engaged  at  anotner  piace  part  of  the 
time:  I  saw  him,  however,  every  da.v. 

Q.  State  whether  or  not,  and  if  so,  when.  Arno!d 
made  any  appicalion  for  employment.  A.  He  did;  I 
think  about  tiie  1st  of  March  some  time. 

Q.  D.J  you  know  what  became  of  Arnold's  letter?  A. 
Major  SI  evens  has  it. 

Q.  11  ow  many  letters  did  he  write  applying  for  a 
position?    A.  I  only  saw  one;  that  I  answered  uiyself. 

Q.  At  what  time  was  the  answer  written?  'a.  I 
could  not  te. I  that;  it  was  about  a  week  before  Arnold 
came:  I  wrote  lor  him  to  come. 

Q.  Dill  .vou  see  Arnold  every  night  during  the  timeof 
his  employment?  A.  Yes  sir;  he  slept  in  Mr.  Whar- 
ton's store  every  night. 

.  Testimony  of    George  Craiff. 

By.  Mr.  Ewing— Q.  State  where  you  live,  and  how 
you  have  been  employed  for  the  last  two  montiis.  A. 
I  have  been  at  Old  Point,  and  have  beeu  employed  by 
Mr.  Wharton  as  salesman. 

Q.  Have  you  seen  the  prisoner  Samuel  Arnold  ?  A, 
1  saw  him  about  the  latter  part  of  March  or  the  first  of 
April,  on  Sunday,  for  the  first  lime. 

Q.  What  boat  did  he  come  on  ?    A.  I  cannot  tell. 

Q.  How  long  did  he  remain  there?  A.  About  two 
weeks,  to  the  best  of  m.v  knowledge;  he  was  a  clerk  in 
Mr.  Wharton's  establishment:  chief  clerk  I  believe. 

Q.  How  olten  did  you.see  him  daring  his  slay  there? 
A.  I  saw  him  every  daj-;  I  cannot  say  how  maiiy  times 
a  day. 

Testimony  of  James  I.nsby. 

By  Mr.  stone.— I  reside  in  Prince  Georges  county; 
1  aiii  not  very  much  ac(|uainted  with  John  M.  Flojd; 
I  got  acquainted  with  him  since  Christmas:  I  saw  him 
in'Marlboro' in  April  last;  I  do  nut  know  exactly  the 
day;  it  was  on  Good  Friday,  on  the  day  that  Diucoln 
■was  killed. 

Q.  Did  you  .see  Mr.  Floyd  on  the  evening  of  that  day 
at  SurrattsviUe.  A.  I  and  him  went  that  day  Iroiu 
Marlboro'. 

Q.  W^hat  was  Floyd's  condition  atthattime?  A.  He 
was  very  drunk  I  thought;  I  reached  SurrattsviUe 
about  one  minute  and  a  half  before  he  did;  I  drove  up 
to  the  bar-room  door;  he  went  up  to  tlie  front  door. 

Q.  Did  you  see  the  prisoner,  Mrs.  Surratt,  there  that 
day?    A.  I  saw  her  as  she  was  siartingout  to  go  home. 

Q.  Was  she  a:  I  ready  to  go  home  at  the  time  Fio.vd 
drove  up?  A.  Yes,  the  buggy  was  there  wailing  ior 
her,  and  she  left  about  fifteen  minutes  afterwards. 

Cross-examination  by  Judge  Holt.— Q.  You  drove 
upon  one  side  of  the  house  and  Floyd  went  round  to 
theotherside,  didn't  he?  A.  Yes; 'there  was  a  Iront 
yard  he  went  through;  when  I  first  came  I  went  into 
the  bar-room  and  gut  a  drink, 


Q.  Did  you  see  Mrs.  8urratt  when  vou  first  came'' 
You  didn't  see  lier  in  the  bar-room,  did  vou?    A.  Ko 

Q,  A.nd  you  didn't  see  ber  wbeuhhe  first  cume  ud" 
A.  No.  '^' 

Q.  You  did  n't  .see  her  until  you  got  vour  drink""  A 
I  d  sreiuember  whether  I  got  my  drink  when  I  first 
saw  her  or  not. 

Q.  Yousay  Floyd  was  drunk:  how  do  you  know  that 
fact?   A.  I  have  seen  him  b:  fore. 

Ij.  Did  .\  on  see  him  drinking?  A.  Yes;  and  I  took 
drinks  with  him. 

Q.  Which  drank  the  most?  A.  I  never  measured 
mine. 

Q,  Were  you  as  tight  as  he  was?  A.  Kot  quite  as 
tight. 

Q.  Were youafteryouhad  theadditional  drink?  You 
had  the  advantage  of  taking  tLiat  drink  at  Surratts- 
viUe, whi  e  Floyd  went  around  ti)  the  kitchen,  hadn't 
yiu?  A.  1  dou'tKnow;  I  never  tried  lo  pass  even  with 
him;  I  did  not  say  I  was  drunk;  I  don't  know  w.ieiher 
I  was,  though  I  had  drank  with  him  right  smart  that 
day. 

By  Judge  Burnett.— Q.  Do  you  live  at  SurrattsviUe'' 
A.  No:  ami.eand  a  hiilf  neiow. 

■Q.  What  has  been  your  business  for  the  past  two  or 
three  year,s?  A.  I  have  been  a  larmer  at  the  time;  I 
hiive  never  beeu  away  irom  home  further  than  Wash- 
ington in  m.v  lie. 

Q.  Mr.  Floyd  was  sober  enough,  wasn't  he,  to  drive 
his  own  horse  and  to  take  his  fish.  &c..  into  thekitchen? 
A.  He  drove  his  own  horse;  I  didn't  see  him  go  to  the 
kitchen. 

Did  you  see  him  fix  Mrs.  Surratt's  buggy?  A.  No;  I 
do  not  know  any;hing  aiiout  that. 

Q.  How  long  before  he  arrived  at  the  house  had 
you  seen  him?  A.  I  came  a:l  a'ong  with  h  ui  from 
Marlboro',  Sometimes  in  iront  and  sometimes  behind 
him. 

ti.  How  far  is  it  from  Marlboro'  to  SurrattsviUe?  A. 
About  twelve  miles;  it  is  a  last  drive  of  about  two  and 
a  half  hours. 

U.  Did  you  stop  to  get  any  drinks  on  the  road?  A. 
No. 

Q.  Then  be  was  two  and  a  half  hours  without  getting 
any  drinks  beiore  he  came  to  Surrattsv.lle?  A.  Yes 
sir. 

Testimony  of  Matthew  J.  Pope. 

By  Mr.  Doster.— Q.  State  where  you  live  and  what 
your  business  is.  A.  I  live  down  at  the  Navy  Yard, 
and  keep  a  livery  stable ;  I  did  keep  a  restaurant,  but 
I  do  not  now. 

Q.  State  whether  or  not.  on  or  about  the  12th  of 
April,  the  prisoner  Aizeroth  called  at  your  place  and 
wanted  to  sell  a  bay  horse.  A.  There  was  a  geutleman 
called  at  my  siable,  1  don't  km^w  exactly  the  day,  to 
sell  a  large  bay  horse,  bl  nd  in  one  eye. 

tl  How  o;d  d.d  beseem  to  be?  a'.  I  don't  know;  I 
did  not  take  any  jiarticular  notice  of  his  age,  and  I  do 
not  know  that  I  examined  him  atall. 

Q.  Do  you  remember  tlie  person  who  brought  the 
horse  there.  A.  1  do  not  know  as  I  would  remember 
him  were  I  to  see  him  again. 

Q.  Look  at  the  pr.soiier  Atzeroth  and  see  if  you 
recognize  him  as  that  person?  A.  I  do  not  know.  The 
features  are  nearlv  alike.  If  he  was  the  one  he  is  not 
nearly  so  stout  a  man  as  he  was  tlien.  I  did  not  take 
much  notice  (f  him.  He  asked  n;e  if  I  wanted  to  buv 
ahorse.  I  told  him  I  aid  not.  It  was  sometime  in 
the  afternoon;  his  horse  stayed  at  the  stable  to  rest 
forsonie  two  or  three  hours:  he  went  to  the  res- 
taurant and  tf^ok  a  drink  ;  he  went  awav  with  a  man 
by  thenameof  John  Barr;  aHer  a  t:mo  he  came  back, 
and  the  man  who  brought  the  horse  then  took  bim 
away. 

Q.  Don't  you  remember  this  man  Barr  was  drunk 
atlhelime?  A.  lie  had  been  drinking  a  little:  I  do 
not  know  whether  he  was  drunk  or  not;  Mr.  B.irr 
was  one  of  the  mectiauics  at  the  Navy  Yard;  he  car- 
ried en  wheelwrighling. 

Q.  Was  n(;t  this  the  very  day  of  thei  Ihimination  on 
the  part  of  the  mechanics?  A.  I  do  not  know:  I  ihinu 
it  was  several  days  beore  the  assa,ssination  of  the  Pre- 
sident, but  I  took  very  little  notice. 

Q.  Have  you  or  notiound  an  umbrella  left  at  your 
house  by  the  prisoner?  A.  It  w\is  left  by  the  man'who 
brought  the  horse  to  the  stable,  at  the  same  time  he 
eft  the  horse. 

Testimony  of   Miss  Margaret  Branson. 

By  Mr.  Doster.— Q.  Where  do  you  live/  a.  I  live 
in  Baltimore,  and  first  saw  the  prisoner  P.iyne  at  Get- 
tysburg. I  do  not  remember  the  tune,  but  it  was  im- 
mediately a  ter  thebattle  ot  Gettysburg.  I  was  there 
a.s  a  volunteer  nurse.  He  was  in  m.y  ward  and  very 
kind  to  the  sick  and  wounded.  Id..utkiiow  whether 
he  was  there  as  a  nurse  or  not.  I  don't  know  if  he 
was  a  soldier.  He  had  on  no  unilorm.  As  nearly  as 
I  can  n  collect  be  was  dressed  in  blue  pants  with  no 
coat  and  a  dark  slouch  hat.  He  went  by  the  name  of 
Powell  and  by  the  niinie  ofDictor. 

Q.  How  loni;  did  you  know  him  there?  A.  I  do  not 
know  the  time;  1  was  there  six  weeks,  and  I  do  not 
know  whether  he  was  there  the  whole  time  or  not. 

Q.  In  the  hospital,  where  he  seemed  to  be  attending 
to  the  sick  and  wounded,  were  the  patients  boibCoji- 


TRIAL   OF   THE   ASSASSINS    AT  WASHINGTON. 


125 


federates  and  Union  soldiers?  A.  Yes;  I  left  the  hospi- 
tal tue  tirsi  uct'k  in  September;  I  met  Payne  again 
some  lime  tl.atfalland  winter;  I  do  not  remember 
when;  I  met  li  m  at  my  own  home;  he  remained  mere 
oniy  a  lew  hours;  X  had  very  little  coDversalion  with 
lum. 

Q.  Did  he  state  to  you  where  he  was  going? 

Oh'fcted  to  byJud^e  Bingham  on  iiie  ground  that 
decaralions  of  the  prisoner  could  not  be  read  in  evi- 
dence 

Mr.  Doster  replied  that  he  intended  to  set  up  the  plea 
of  insauily  in  tlieca^eii.  Payne,  and  that  while  the  de- 
claration of  the  iinsouer  Would  nut  be  admissible  to 
prove  his  innocence,  yet  to  prove  his  insanity  his 
declarations  were  acts,  and  there. ore  admissible. 

Jud^e  Bingham  ie,ilied  that  the  counsel  had  laid  no 
gronnds  lor'this  course  of  examination  to  prove  in- 
Banlty. 

M  r.  Doster  said  tbat  the  prosecution  themselves  had 
lai-d  the  groui  d  liy  jirovipg  a  series  of  acts  of  assassi- 
nation which  he  should  claim  were  the  work  of  an  in- 
sane man. 

Judge  Bingham  remarked  that  he  supposed  it  was. 
then,  the  theory  of  the  counsel  that  a  man  might  lake  a 
knife  large  enough  to  butcher  an  ox,  rush  past  all  the 
attendaiiLs  in  tl;e  house,  woiindingaud  maimingthem, 
Btab  a  sick  man  in  his  bed  ai;ain  and  again,  and  escape 
punishment  on  the  ground  that  the  acts  were  too  atro- 
cious lor  a  sane  man  to  commit. 

Mr.  Doster  rep. led  that  all  the  circumstance.?  con- 
nected With  the  assassiuatien  bore  upon  themselves 
evidence  of  tl'.e  work  of  an  insane  tnan.  The  prosecu- 
tion had  proved  that  the  accused  liad  entered  the  house 
by  a  stratagem  very  likely  to  be  resorted  to  by  an  insane 
man  without  the  slightest  possible  disguise,  stopping 
for  live  miunles  to  talk  to  a  negro  on  his  way:  alter 
committing  the  deed  miking  ho  attempt  at  conceal- 
ment, leaving  l.is  pistol  and  iiMt  there  in  the  room  and 
throwing  away  his  kni;e  deliberately  where  it  could 
be  found,  in  front  of  Mr.  t-'eward's  door,  getting  on  his 
horse  and  riding  away  so  deliberatel.v  that  a  man  on 
foot  could  follow  him  lor  a  square:  th<>n,  instead  of 
escaping  lis  he  could  very  well  have  done  on  h  s  liorse, 
turning  hi-i  horse  lo  ise.  wa  deriiig  about  the  c  ty, 
and  tiually  going  to  the  house  of  all  others  w-herehe 
■would  be  liable  to  be  arretted.  He  claimed  that  the 
prosecution,  in  the  proof  of  these  acts,  has  laid  abun- 
dantground  for  the  e.\aminaiion  he  was  now  mak- 
ing, and  he  called  atteiit:on  now  to  Paynes  .stolid 
manner  in  Court,  so  ditierent  froiu  that  of  the  other 
prisoners. 

Mr.  Clampitt  said  that  he  did  not  deny  the  right  of 
the  counsel  to  set  up  the  plea  of  insanity  or  any 
other  plea  for  his  c.lent,  but  he  rose  indiij- 
naiitly  to  protest  .against  his  bringing  inthehouse 
of  Mrs.  Sun  at  t,  as  a  place  where  such  a  man  vvou:d  be 
most  likely  to  be  arreted:  there  was  no  evidence  Ih  ;t 
the  house  of  Mrs.Snrratt  was  notaplace  he  would  be 
likely  to  go  to  for  the  purpose  of  hiding  and  screaniug 
himself  from  .iustice. 

The  objection  was  sustained  by  the  Court. 

Q.  How  long  did  he  stay  at  your  house?  A.  A  few 
hours. 

Q.  Do  you  know  where  he  went  then?    A.  I  do  not. 

Q.  When  did  you  see  him  the  third  time?  A.  lu 
January  of  this  year,  at  my  own  home. 

Q.  Describe  how  he  w,s"  dressed  at  the  time.  A.  In 
black  clothina.  citizens' dress. 

Q.  What  did  he  represent  himself  to  be?  A.  A  re- 
fugee from  Fauquier  county,  Virginia;  he  gave  his 
name  as  Payne. 

Q.  How  long  did  he  stay  at  your  house?  A.  I  think 
six  weeks  and  a  lew  days;  I  do  not  remember  the  e.\- 
act  time. 

Q.  Do.vou  remember  about  the  date  he  came  in  Ja- 
nuarv?  A.  I  cannot;  1  think  he  left  about  the  beginning 
of  March. 

Q.  D.d  he  ever  see  any  company  while  here?  A,  Never 
to  mv  knowledce. 

Q.  Did  you  ever  see  J.  Wilkes  Booth?    A.  No  sir. 

Q.  Do  you  know  whether  Payne  was  ever  called 
upon  about  that  time  by  .7.  Wilkes  Booth?    A.  No  sir. 

Q.  Did  he  or  not  take  a  room  in  your  mother's  house? 
A.  Yes. 

Q,  What  were  his  habits?  Was  he  quiet,  or  did  he 
gt)  out  a  good  deal?  A.  He  did  not  go  out  a  great  deal; 
he  was  reniarkably  quiet. 

Q.  In  what  way  did  hisquietne,S3showitself?  A.  He 
was  agr(  at  deal  in  his  room:  beseemed  to  bereserved 
and  I  thought  seemed  t.)  be-depressed  inspirits. 

Q.  W^as  lie  or  not  e.xceedingly  taciturn?  A.  He  was 
remarkable  lor  not  saying  anything. 

Q.  Have.vou  or  noi  a  library  in  your  father's  house? 
A.  No;  we  have  a  good  many  old  books;  a  good  many 
medic;  1  ones. 

Q.  Do  you  know  whether  the  prisoner  can  read?  A. 
I  do  not. 

Q.  Did  he  or  did  he  not  give  himself  up  to  reading 
medical  works  while  he  was  there?    A.  He  did. 

Q.  Was  not  his  taciturnity  so  remarkable  as  to  be 
commented  on  by  the  rest  of  the  boarders?  A,  I  think 
not. 

Q.  Do  you  know  whether  the  prisoner  was  at  that 
time  in  possession  of  a  great  amount  of  money?  A.  I 
do  not:  he  had  enough  to  pay  his  board. 

Q.  Do  you  know  how  the  prisoner  happened  to  leave 


your  house?  A.  We  had  a  negro  servant  who  was  ex- 
ceedingly impudent  to  him. 

Jiid,e  l!in?hain.— You  need  not  state  what  passed  be- 
tween ihe  girl  and  that  man. 

Mr.  Do.ster.— The  wiiness  is  just  to  state  that. 

Judge  Bingham.— Why? 

Mr.  Di  ser.— It  is  for  you  to  show  why  she  should  not. 

Judei;  Bingham.— Well,  let  her  answer  it. 

Witnesi.— He  was  arrested  by  theauthorities  and  sent 
North  to  Philadelphia. 

Cross-e.xamined  by  Colonel  Burnett.— Q.  He  was  ar- 
rested as  a  .Southern  refugee,  was  he  not.  and  madeto 
take  the  oath  of  allegiaiue?  A.  I  do  not  know  what 
lie  was  arrestfd  for,  a-!  1  never  knew  the  reason  whv; 
lie  was  taken  to  the  Provost  Marshal's  office  aud  wa3 
a  'terwards  released  and  returned  to  the  house. 

Q.  Doyou  know  whether  he  camy  directly  to  Wash- 
ington when  he  left  in  March?    A.  I  do  not. 

Q.  Did  he  make  any  acquaintance  in  W.ashington 
while  he  was  boarding  at  your  house?  A.  Not  that! 
know  of 

Q.  Was  he  absent  anytime  while  he  was  at  your 
house?    A.  Never  but  one  night  to  m,v  knowledge. 

Q.  Howmany  persons  boarded  at  your  house?  A.  I 
do  not  know. 

Q.  Were  t  hereany  other  Southern  refugees  boarding 
at\ourhouse?    A.  None  but  him. 

By  Mr.  Doster.— Q.  Was  or  was  not  the  prisoner, 
diiTing  the  month  of  February,  gone  long  enough  to 
have  made  a  ioiirney  to  Canada  and  back  again?  A. 
Not  to  my  IcnowJedge. 

Q.  If  hehad  been  would  you  have  known  it?  A.  I 
certainly  would.  Q,.  In  what  hospital  did  you  see  him 
at  Gettysburg?  A.  In  the  General  Hospital;  Dr. 
Chamberla'n's. 

U.  Wliodid  the  prisoner  seem  to  he  nursing,  the 
Conlederate  or  Union  wounded?  A.  He  attended  to 
dilTerentones  in  my  ward,  and  1  had  both  in  my  ward. 

Q.  Was  your  mother  with  you  there?    A.  No. 

Tostiinony  of  Slaraaret  Kaig-nne. 

By  Mr.  Doster,— Q.  State  whether  you  are  a  servant 
in  the  house  of  Mr.  Branson.    A.  Yes  sir. 

Q.  Did  you  seethe  prisoner  Payne  there?  A.  Yes^ 
he  came  there  in  Jannar.v  or  February  and  stayed  till 
about  the  middle  of  March. 

Q.  Do  you  remember  at  any  time  a  controvers.v  that 
Payne  had  with  the  negro  girl  there?  A.  Yes,  he  asked 
herto  clean  up  his  rooms  there:shesaid  she  would  not 
do  it.  He  asked  her  why.  she  said  she  would  not  do  it. 
He  called  her  sonae  names,  and  slapped  her,  and 
struck  her. 

Q.  Did  he  not  throw  her  on  the  ground,  stamp  on  her 
body  and  try  to  kill  her?    A.  Yes. 

Q.  Did  he  not  strike  her  on   the   forehead?    A.  Yes. 

Q.  M'liat  did  the  negro  girl  do  in  consequence?  A. 
She  went  to  have  him  arrested. 

Q.  Did  he  or  did  he  not. sa.v  he  would  kill  her?  A.  He 
did  while  he  was  striking  her. 

Tostiniotiy  of  Dr.  Charles  Wictools. 

By  Mr.  Doster.— Q.  Have  I  at  any  time  given  you 
any  intimation  of  the  answers  I  expect  you  to  give  be- 
I'ore  this  Court?    A.  Youhavenot. 

Q.  What  is  j'our  official  position  and  your  profes- 
sion? A.  I  am  a  doctor  of  medicine  and  Superinten- 
dent o''(;oveninient  Hospital  fortlie  Insane. 

Q.  How  long  have  you  occupied  that  position?  A. 
Thirteen  years. 

Q.  What  class  of  persons  do  you  treat  in  j'our  asy- 
lum?   A.  Insane  persons  e.xclusivelv. 

Q.  Arethe.ynoc  persons  who  have  been  in  theser- 
viceof  the  Government  e.xclusivelv?  A.  No:mypa- 
tients  include  the  insane  of  this  district,  and  occa- 
sioiiall.v  private  patients  from  other  portions  of  the 
country. 

Q.  Is  or  is  not  the  great  mass  of  persons  you  treat 
composed  of  soldiers  and  sailors?    A.  It  is. 

Q.  Please  deline  moral  in.s«nity?  A.  When  the 
moral  or  perceptive  faculties  are  alfected,  exclusively 
of  disease  of  the  brain.  I  call  it  moral  insanity. 

Q.  What  are  some  of  the  principal  causes  inducing 
moral  insanity?  A.  M.v  impression-  is  that  insanityis 
oftener  caused  by  pliysical  disease  than  b.v  moral 
causes:  the  fact  that  insanity  takes  that  form  is  apt  to 
depend  on  the  character  of  the  iiiuividual  becoming 
insane. 

Q.  Is  active  service  In  the  field,  among  soldiers,  at 
any  time,  the  cause  of  moral  insanity?  A.  It  is  not  a 
frequent  cause,  but  I  have  known  of  cases  of  moral  in- 
sanit.v  among  soldiers. 

.  Q.  Has  or  has  not  insanity  increased  very  much  in 
the  country  during  the  present  war?    A.  It  has. 

Q.  Has  it  not  increased  much  more  proportionally 
than  the  increase  of  the  arm.v?    A    Ith.ns. 

Q.  How  is  this  increase  accounted  for?  A.  By  the 
diseases,  hardships  and  fatigues  of  the  soldier's  life,  to 
which  the  men  were  not  accustomed  before  going  into 
the  service,  I  think. 

Q.  Are  .young  men  who  enlist  more  exposed  to  in- 
sanit.y  than  men  who  enlist  in  middle  life?  A.  lam 
not  sure  that  tne.v  are:  my  Impression  is  that  young 
men  accommodate  themselves  to  a  change  in  their 
manner  of  life  much  more  easily  than  men  of  middle 
age. 

Q.  What  are  some  of  the  leading  symptoms  of  moral 


126 


TRIAL   OF   THE   ASSASSINS   AT  WASHINGTOX. 


I 


insanity?  A.  The  casrs  are  as  different  as  the  indi- 
viduals affocted.  Ilaman,  for  instance.  bPlicvs  an 
act  to  be  rl?ht  which  hodid  not  believeto  be  ritrht  in 
health,  and  which  people  cenerally  do  not  believe  to 
be  richt,  Iwouid  regard  that  as  a  symptom  of  moral 
Insanity. 

Q.  Is  depression  of  spirits  at  any  time  considered  a 
symptom  of  insanity?    A.  It  is. 

Q.  Is  great  taciturnity  considered  a  symptom?  A.  It 
ts  a  freqiieiit  symptom"  of  insanity,  tliouyh  I  can  con- 
ceive how  taciturnity  could  existwitliout  insanity. 

Q.  Is  disposition  to  commit  suicide  a  symptom?  A. 
It  is. 

Q.  Is  preat  cunning  in  making  plans  a  concomitant 
of  insanity?  A.  The  insane  frequently  exhibit  great 
cunnmg  ii»  their  plans  to  elfect  their  object. 

Q.  Is  it  or  not  possible  lor  a  madman  to  confederate 
with  other  madmen  or  insane  men  in  their  plans? 
A.  It  is  not  impossible  but  it  is  unfreqnent. 

Q.  Do  madmen  ever  confederate  together  in  plans? 
A.  Very  seldom. 

Q.  Is  "or  is  not  a  morbid  propensity  to  destroy  a 
proof  of  insanity?  A.  Not  a  proof,  but  a  very  common 
attendant  on  insanity. 

Q.  Is  it  a  symptom  of  insanity  if  any  one  apparently 
without  provocation  or  cause  commits  a  crime?  A.  I 
sliould  regard  it  as  giving  rise  to  suspicion  of  insanity, 
but  not  a  proof  of  it  at  all. 

Q.  Is  or  is  not  conduct  different  from  the  usual  mode 
of  the  world,  the  best  prootof  insanity?  A.  I  will  an- 
swer that  by  saying  thatno  single  condition  is  a  ])ronf 
of  insanity  in  every  instance,  but  that  an  entire  de- 
parture from  the  usual  conduct  of  men  could  be  re- 
garded as  strong  ground  to  suspect  the  existence  of 
insanity. 

Q.  Are  not  madmen  remarkable  for  great  cruelty? 
A.  M.vimpres'^ion  is  that  madmen  exhibit  about  the 
same  disposition  in  that  respect  that  men  gonerally  do. 

Q.  Do  not  madmen  in  committing  a  crime  seem  to 
act  without  pity?    A.  They  frequently  do. 

Q.  If  oneshoiild  try  to  murder  asick  man  in  his  bed, 
without  ever  having  seen  him  before,  would  it  be  pre- 
sumptive proof  of  insanity?  A.  It  would  give  rise  in 
my  mind  to  a  suspicion  that  the  man  was  iD.sane:  I 
Bbould  not  regard  it  as  proof 

Q.  I  f  tlie  same  person  should  at  the  same  time  try  to 
murder  four  other  persons  in  the  house,  none  ot  whom 
he  hadeverseen.  would  it  not  strengthen  that  suspi- 
cion?   A.  I  think  it  would. 

Q.  If  the  same  person,  in  the  commission  of  tlie  deed, 
were  to  stop  for  five  minutes' conversation,  and  then 
walk  away,  delibnrately  leaving  liis  hat  and  pistol  be- 
hind, and  then  ride  away  so  slowiy  that  a  man  could 
follow  him  on  foot,  would  not  that  iurtlier  corroborate 
the«suspicion  of  insanity?  A.  I  thinlc  it  would:  Itisa 
peculiarityof  the  insane  that  when  they  commit  cri- 
minal acts  tliat  they  make  little  or  no  attempts  to  con- 
ceal them:  but  tliis  is  not  always  the  case. 

Q.  If  the  same  person  should  cry  out  while  stabbing 
one  of  ilie  attendants,  "I  am  mad  !  I  am  mad  !"  wou  d 
it  not  be  further  ground  for  sus|)icion  that  he  was  in- 
sane? A.  (Such  an  exclamation  would  give  grounds. 
in  my  mind,  to  a  suspicion  that  the  man  was  feigning 
insan'tv. 

Q.  What  would  be  the  ground  for  that  suspicion?  A. 
Because  insane  men  r.arel.v  make  such  exclamations  or 
similar  ones:  they  very  rarely  excuse  themselves  for 
criminal  acts  on  the  ground  that  they  are  insane. 

Q.  Do  not  madmen  sometimes  say  tbe.vnremad?  A. 
They  do  sometimes:  but  it  is  not  ieigning  witli  them. 

Q.  Do  yuu  not  remember  casei  in  j-our  medical  ex- 
perience when  madmen  liavetold  you  tlify  were  mad? 
A.  The.v  frequently  do  it  in  this  wav:— An  individual 
knows  he  is  regarded  as  insane,  and  if  taken  to  task 
for  any  improper  act  sometimes  a  man  will  excuse 
himself  on  the  ground  that  he  is  insane,  and  therefore 
not  responsible. 

Q.  It  the  same  person  I  have  mentioned  should,  al- 
though in  possession  of  a  sound  horse,  make  no  elT'ort 
to  escape,  but  abandon  his  horse  and  wander  off  into 
the  woods,  and  come  back  to  a  house  surrounded  with 
soldiers,  where  he  might  expect  to  be  arrested— would 
that  not  be  an  additional  ground  for  suspicion  oi  in- 
sanity? A.  I  should  regard  every  act  of  a  man  who 
committed  a  crime  inaicating  that  he  was  indiderent 
to  the  consequence,  as  a  ground  Ibr  suspicion  that  he 
was  insane. 

Q.  ICthis  same  person  should  return  to  this  house  I 
have  spoken  of  with  a  piece  nt  his  drawers  for  his  hat, 
seeing  the  house  in  possession  of  soldiers,  would  not 
that  be  additional  proof  of  insanity.  A.I  can  luirdly 
see  what  bearing  that  would  have  on  the  question  of 
insanity. 

Q.  I  understand  you  to  say  that  madmen  seldom 
disguise  tlieniselves:  the  disguise  in  question  consisted 
Ofa  piece  ofdrawers  taken  Ibr  a  hat;  I  asked  whether 
the  disguise  indicated  tlie  work  of  a  sane  or  an  insane 
man?  A.  It  would  depend  upon  circumstances;  with 
insane  men  it  is  a  common  peculiarity  that  they  dress 
themselves  in  a  fantastic  manner:  for  example, 
making  head-dresses  of  pieces  of  odd  garments;  they 
do  it  apparently  out  of  childish  fancy  for  something 
fantastic  to  attract  attention:  I  do  not  recollect  the 
case  of  an  insane  person  dressing  liims'^lf  in  garments 
Of  that  kind  lor  the  sake  otdisguising  himself. 

Q.  If  this  same  person,  after  his  arrest,  should  ex- 


press a  strong  desire  to  be  hung  and  great  indifference 
to  li.e,  would  that  be  an  additional  ground  lor  sus- 
picion of  insanity?    A.  I  think  it  would. 

II.  Would  it  be  further  ground  of  suspicion  if  he 
seemed  totally  Indifl'erent  during  his  trial,  and  laughed 
when  lie  was  identified,  betraying  a  stolidity  of  man- 
ner entirely  difl'erent  from  his  associates  ?  A.  I  think 
it  would. 

Q  State  what  physical  sickness  generally  accom- 
panies insanity,  if  any.  A.  I  believe  disease  either 
puuctional  ororganicoithebrain. always  accompanies 
insanity;  no  other  ph.vsical  disease  necessarily,  or  pet* 
haps  usually  accompanies  it. 

Q.  is  not  long  continued  constipation  one  of  the 
physi  al  conditions  accompanying  iusanit.v?  A.  Long 
continued  constipation  freijuently  prece<lps  insanity, 
but  is  not  very  Irecjuent  among  the  actually  insane? 

Q.  If  this  same  person  1  have   described  hnd  been 
sulTering  from  constipation  (or  four  weeks,  wou'd  that  • 
be  an  additional  ground  ibr  insanity?     A.   I  thinfc  " 
some  weight  might  be  given  to  that  circumstance. 

Q.  If  the  same  person  during  his  trial,  and  during^ 
his  confinement,  never  spoke  until  spoken  to  at  a  tima 
when  all  his  companions  were  peevish  and  clamo> 
ous:  ifhe  never  expressed  a  want  when  all  others  ex- 
pressed man.v:  if  he  continued  the  same  expression  of 
inditVerence  while  others  were  nervous  and  tinxious; 
if  liecontinued  immovable  except  a  certain  wi'dness 
in  the  movementof  his  eyes,  would  it  not  beaddltional 
ground  lor  believing  him  to  be  insane  ?  A.  I  think  it 
would. 

Q.  If  this  same  man.  after  committing  the  crime, 
should,  on  being  questioned  as  to  the  cause,  say  he  re- 
membered nothing  distinctly  but  a  struggle,  with  no 
desire  to  kill,  would  not  that  be  additional  ground  lor 
suspicion  of  insanity?    A.  I  think  it  would. 

Q.  What  are  the  qualities  of  mind  or  j'crson  most 
needed  by  a  keeper  to  secure  control  over  madmen? 
A.  Self-control. 

Q.  Are  not  madmen  usually  managed  by  persons  of 
strong  will  and  resolute  character?  A.  Yes;  I  thinlc 
they  are. 

Q.  Are  there  not  instances  on  record  of  madmen 
towards  all  others,  and  .vet  who  towards  their  keepers 
are  as  docile  and  obedient  as  dogs  towards  their 
masters?  A,  Nut  that  servile  obedience  which  a  dog 
exhibits  towards  his  master;  it  is  true  that  the  insane 
are  comparatively  mild  and  obedient  to  certain  per- 
sons, while  they  are  more  or  less  violent  towards  cer- 
ta'H  other  persons, 

Q.  Would  it;  not  be  possible  for  such  a  keeper,  who 
could  exercise  such  control  over  a  madman,  to  direct 
him  to  commit  a  crime,  and  secure  its  commission? 
A.  I  should  say  it  would  be  very  dillicult  unless  it 
was  done  in  a" few  minutes  alter  the  plan  was  laid 
and  the  directions  given. 

Q,  Is  not  the  influence  of  some  persons  over  mad- 
men so  great  that  their  will  seems  to  take  the  place 
of  the  madman's?  A.  There  is  a  great  diference  in 
the  control  difl'erent  individuals  have  over  insane  per- 
sons, but  I  think  it  rare  that  the  control  reaches  the 
extent  youhave  desciibed,  or  the  extent,  I  may  add, 
that  is  popularly  supjiosed. 

CJ.  Do  you  recognize  or  not  a  distinction 
between  mania  and  delusion?  A.  A  certain  distinc- 
tion, inasmuch  as  delusion  may  accompany  any  and 
everv  lorm  ofinsanlty,  while  the  term  mania  applies 
to  a  particular  form,' which  mayor  may  not  accom- 
pany delusion. 

Q.  I  ask  whether  instances  of  insane  delusion  are 
not  more  frequent  during  civil  war  than  any  other 
forms  of  insanity?  A.  My  impression  is  that  they  are 
not  as  frequent:  insanity  is  of  a  more  general  charac- 
ter, so  far  as  mv  experience  goes  during  the  war, 
among  soldiers  than  it  usually  is. 

Q.  Does  or  does  not  constantly  dwelling  on  the  same 
subject  lead  to  insane  delusion?  A.  It  frequently 
does. 

Q.  For  instance,  if  a  body  of  men  who  own  slaves 
are  constantly  hearing  speeches  and  sermons  vindi- 
cating the  divine  riglit  of  slavery,  and  when  the  in- 
stitution was  not  threatened  at  all  should  linally  go  t6 
war  lor  its  support,  would  not  that  be  an  evidence  that 
these  men  were  deluded?  A.  i  think  it  would;  but  it 
does  not  follow  that  the  delusion  ii  not  what  I  would 
technically  denominate  an  insane  delusion  arising 
fiom  d  scaseof  the  br.ain,  and  lor  which  a  man  is  ir- 
responsible. 

Q.  II  oneofthesesamemen  should  own  slavesand 
believe  in  the  origin  of  the  Insiituti  n,  I'ltrht  in  its  de- 
lense,  and  believe  that  he  had  also  Ion's  nt  in  deOnse  of 
h  s  home  and  freuds,  should  attempt  to  assassinate  the 
men  who  were  the  leaders  of  those  lie  believed  were 
killing  his  friends,  would  not  that  give  rise  to  the  sus- 
picion that  he  was  laboring  under  a  fanatical  delusion? 

The  question  was  objected  to  by  Colonel  Burnett;  if 
the  counsel  was  about  through  vvith  his  examination, 
lie  would  not  object:  otherwise  lie  would  object  to  the 
continuance  of  .an  examination  entirely  irrelevant  and 
foreign  to  the  issue. 

Mr.  Doster  replied  that  he  bad  about  a  dozen  more 
questions  to  put:  that  lie  hacl  sent  for  witnesses  in 
Florida,  who  had  not  yet  arrived,  and  his  examination 
of  Dr.  Nichols  was  in  anticipation  of  their  testimony, 
and  in  order  to  obviate  the  necessity  ot  recalling  him 
as  a  witness. 


TRIAL   OF  THE  ASSASSI-NS    AT  WASniXGTOX. 


""M 


TRIAL   OF   THE   ASSASSINS   AT   Vv^VSHIXGTON". 


127 


The  ob.iection  sustained  by  the  Coui-t. 

Q.  Is  it  your  upiniou  that  the  person  I  haye  spoken 
of  iucommittiuii  the  crime  alloged  under  the  circum- 
Btances  was  conscious  that  he  was  acting  contrary  to 
law,  or  whether  he  wan  laboring  under  any  and  what 
deMision? 

Objected  toby  Judge  Bingham,  on  the  ground  that 
the  case  put  was  one  entirely  hypotlietical,  and  as 
such  tlie  witness  was  not  qualilied  to  answer  it. 

Mr.  Uoster  replied  that  he  had  not  the  right  to  malie 
the  application  to  any  particular  case:  that  he  had 
talcen  the  question  Ironi  the  boolis  he  cited  to  sustain 
his  position,  -Wlieaton  on  Criminal  Law." 

Colonel  Burnett  said  that  the  counsel  was  pro- 
ceeding in  an  examination  based  upon  a  hy- 
pothesis, having  no  application  to  any  state 
01' lacts  proved  in  this  case,  and  there  was  no  law 
found  in  any  book  that  would  uphold  him  in  suciha 
course.  The  Assistant  .Tudgr'-Advocates  )iad  Ijeen  .n- 
structed  by  their  chief  to  allow  the  utmost  liberalHy 
to  counsel  in  the  delen^ie,  but  it  w.as  their  duty  to  in- 
terpose when  counsel  were  proceeding  so  far  as  to  ren- 
der the  record  absurd  and  contemptible. 

Mr.  Doster  replied,  that  he  believed  the  question  was 
Etrictiv  legal,  but  knowing  very  well  the  result  of  the 
objection  "in  this  Court  he  would  waive  the  question, 
and  put  it  in  this  form:— 

Q.  Under  this  state  of  facts  would,  or  would  not,  the 
inlcrence  of  insanity  result  therefrom?  A.  If  I  may 
be  allowed  to  make  an  explanatory  answer,  I  will  say 
that  1  have  thus  far  given  categorical  answers  to  the 
questions  put;  I  am,  as  a  rule,  very  much  opposed 
to  giving  opinions  upon  hypothetical  cases  li>r  the  best 
of  reasons,  as  I  conceive  that  I  have  now;  I  could  give 
no  detiuite  opinion  upon  the  facts  implied,  thereiore, 
in  the  questions  that  have  been  submitted;  every  case 
of  Insanity  is  a  case  ot  Itself  and  has  to  be  examined 
with  ail  the  light  that  can  be  thrown  on  it,  and  it  is 
impossible  lor  me  to  give  an  opinion,  thereiore,  upon 
a  hypothetical  case. 

Testimony  of  Mr.  Dawson. 

Q.  Are  you  a  clerk  in  the  National  Hotel  in  this  city? 
A.  Yes  sir. 

Q.  Look  at  that  letter  and  see  if  it  was  ever  received 
in  the  National  Hotel?  A,  It  was  found  "among  the 
initial  letters,  a  couDle  of  days  before  I  was  there:  I 
noticed  it  and  the  initials  struck  me  as  rather  pecu- 
liar. 

Q.  Do  you  know  the  exact  date  when  it  was  read? 
A.  No  sir. 

By  Judge  Advocate  Bingham.— You  opened  it  when 
you  brought  it  to  me;  it  was  not  opened  before?  A.  No 
Eir. 

Mr.  Pittman,  at  the  request  of  the  Court,  then  read 
the  following  letter:— 

SOUTH  Branch  Bridge.  April  fi,  1865.- Friend 
Wilkes:— I  received  yours  of  March  12th,  and  reply  as 
Boon  as  practicable.  I  saw  French  Brad  and  others 
about  the  oil  speculation.  The  subscription  ot  the 
stock  amounts  to  fSOOO,  and  I  add  $1000  myself,  which  is 
about  all  I  can  stand.  Nov/,  when  you  sink  your  well 
go  deep  enough.  Don't  fail,  Everything  depends 
on  you  and  your  helpers.  If  you  can't  get 
through  on  your  trip  after  you  strike  He, 
Btrike  through  Thornton's  Gap  and  cross  by  Caeca 
pon,  Eomney,  and  down  the  branch,  and  I  can  keep 
you  safe  from  all  hardship  for  a  year.  I  am  clear  of 
all  surveillance,  now  that  infernal  Piirdy  is  boat.  I 
hired  that  girl  to  charge  him  witii  an  outrage, 
and  reported   him  to    old    Kelly,    which    sent    him 

In       the      shade,     but     he     suspects     too       

much  now.  Iliid  he  better  be  s'Unced  for  pond.  I 
send  th  s  up  by  Tom  and  if  he  don't  get  drunk  yoti  will 
get  it  bv  the  nth.  At  all  events  it  can't  be  understood 
If  lost. 'I  can't  half  write.  I  have  been  drunk  for  two 
days.  Don't  write  so  much  highfalutin  the  next  time. 
No  more,  only  Jake  will  be  at  Green's  with  the  funds. 
Burn  this.    Truly  yours, 

(Signed*  LOU. 

Bue  Guthrie  sends  much  love. 

(Mailed  at  Cumberland  Md.,JIay8th.  This  letter, 
according  to  the  post-mark,  was  mailed  at  Cumber- 
land, lid..  May  8th.  although  it  is  dated  May  Gth.) 

Q.  To  whom  besides  Wilkes  Booth,  who  stopped  at 
vour  hotel,  do  the  initials  belong'.'  A.  As  tar  as  I  re- 
member, I  don't  know  anybody  else  to  my  knowledge. 

Testimony  of  Mr.  STott. 

Q.  Ihelievetl;3t  vou  were  the  barkeeper  or  one  of 
the  attendants  at  the  hotel  at  Surrattsviile.  A.  Yes 
sir. 

Q.  How  long  was  that  your  employment?  A.  From 
Januarj'.  till  I  w.us  arretted  on  th<?  inth  of  April;  one 
time  I  was  away  a  week,  and  sometimes  I  would  be 
away  a  d;.y  ortwo. 

Q.  I  dosireto  ask  you  what  your  attitude  has  been 
toward  the  Government  since  the  war?  A  I  have 
never  done  anything  against  it. 

Q.  <1rsaid  iinvthingaiiainst  it?    A.  Nosir. 

Q.  Nor  against  the  Union  party  in  Maryland?  A. 
No  sir. 

Q.  Do  you  know  Mr.  Smooth?    A.  Yes  sir. 

Q.  What  is  his  first  name?    A.  Edward. 

Q.  Do  you  recolltct  having  any  conversation  with 
Jtiim  on  the  UtU  of  April?   A.  J  do  not,  sir. 


Q.  Do  you  recollect  his  saj'ing  to  you  that  it  was 
suiDpo;ed  John  H.  Surratt  was  one  of  the  murderers? 
A.  No  sir. 

Q.  Do  you  recollect  telling  him  that  Surratt  was  un- 
doubtedly in  New  York?  A.  No  sir;  I  may  or  I  may 
not,  but  I  do  not  recollect, 

Q.  Did  you  say  to  him  that  "  John  knows  all  about 
that  matter,  and  that  you  could  have  told  him  all 
about  it,  and  it  would  haveoccurred,  six  months  ago?" 
A.  No  sir. 

Q.  Did  you  at  that  time  tell  him  not  to  mention  the 
conversation  you  had  with  him?  A.  No  sir;  I  don't 
think  I  could  have  said  such  a  thing. 

CJ.  You  have  never  been  unfriendly  to  the  Govern- 
ment?   A.  Nosir. 

Q.  You  have  never  taken  sides  with  the  Rebels? 
A.  No  sir. 

Bv  J.Iajor-General  Hunter.— Q.  Where  were  you  at 
the  time  ot  the  first  battle  of  Bull  Run?  A.  I  have  not 
had  anj'  particular  home  since  the  death  of  my  wife;  I 
think  I  was  in  Hill's  place. 

Q.  Did  you  rejoice  at  the  success  of  the  Rebels?  A. 
No  sir,  I  guess  I  did  not, 

Q.  Don't  you  know  that  you  did?  A.  No  sir,  I  know 
nothinur  of  the  kind. 

Q.  What  Church  do  you  belong  to?  A.  The  Catholic 
Church,  when  I  belong  to  any  at  all. 

Q.  That'll  do,  sir;  I  have  no  more  questions  to  ask 
you. 

By  Colonel  Burnett— Q.  How  long  since  you  belonged 
to  thatChnrch?    A.  Not  for  seven  years,  sir. 

Q.  You  only  occasionally  belonged  to  the  church,  eh? 
Well,  that's  all. 

Testimony  of  Mr.  Keybold. 

Q.  Have  }-ou  visited  Ford's  theatre  since  you  were 
upon  the  stand?    A.  Yes  sir,  I  have. 

Q.  Have  you  exa:nined  the  keepers  of  the  locks  of 
boxes  7  and  8?    A.  Yes  sir. 

Q.  State  the  condition  in  which  you  found  them.  A. 
Bor  8  had  been  forced  and  the  wood  was  split;  box  7 
was  also  forced,  you  could  pull  the  screws  in  and  out; 
box  8  the  keeper  is  lorced  aside. 

Q.  State  whether  or  not  it  was  done  by  any  instra- 
ment.  A.  I  think  not;  it  was  done  by  force  applied  to 
the  inside  of  the  door. 

Testimony  of  Mr.  Plant. 

Q.  What  is  .vour  residence  and  occupation?  A.  lam 
a  dealer  in  furniture  at  present:  my  residence  is  No.  .^50 
G.  street,  between  Ninth  and  Tenth,  Washington  city. 

Q.  Have  you  ever  been  engaged  at  any  time  in  cabi- 
netwirk?    A.  For  the  last  fourteen  years,  more  or  less. 

Q.  Have  you  visited  Ford's  Theatre  to-day?  A.  I 
have. 

Q.  State  whether  you  examined  the  keeper  on  the 
private  boxes;  and,  if  so.  what  boxes?  A.  Yes,  I  did, 
boxes  7  and  8,  and  to  all  appearance  they  had  both 
been  forced  open;  No.  7  I  coald  pnll  the  screws  out  and 
push  them  in  with  my  thumb  and  lingers;  in  box  4,  di- 
rectlj' under,  tlie  keeper  is  gone  entirely. 

Q.  Stale  whether  or  not,  according  to  your  profes- 
sional opinion,  the  keeper  of  boxes  seven  (7)  and 
eight  (8)  were  made  loose  by  an  instrument  or  by 
ibrce  applied  from  the  outside,  A.  I  should  judge,  sir, 
by  force  I'roni  the  outside. 

Q.  state  whether  you  noticed  a  hole  In  the  wall  in 
thepassage  which  leads  into  the  boxes.    A.  Yes  sir. 

Q.  State  whether  it  had  the  appearance  of  having 
been  covered.  A.  Yes  sir:  it  has  been,  but  I  could  not 
sav  with  what,  there  being  no  remnant  left. 

Q.  Did  you  notice  a  hole  in  t  itlier  oi  the  doors  of  the 
boxe.s?    "Ves;  in  the  door  of  box  No.  7. 

Q.  What  size?  A.  Not  more  than  a  quarter  of  an 
inch  in  diameter:  it  is  larger  on  the  outside  than  on 
the  inside;  a  sort  of  wedge  shaped. 

A.  Could  you  tell  how  that  wiis  made?  A.  I  should 
judge  with  some  instrument;  one  part  felt  as  if  it  was 
made  with  a  knife  at  the  right  hand  sideand  the  bot- 
tom of  the  hole,  and  another  part  looked  as  if  made 
with  a  gimlet;  i.neiiart  feels  rougli,  as  if  made  by  the 
withdrawing  of  the  gimlet  after  the  hole  was  bored. 

Q.  Do  you  think  tliat  a  gimlet  was  used  in  making 
the  hole?  A.  Yes  sir,  something  of  that  sort,  but  it 
might  have  been  done  with  a  knife. 

Testimony  of  William  Sinootii. 

(Witness  for  the  prosecution.)— Q.  State  where  yon 
reside.    A.  In  Prince  George  county. 

Q.  IIow  near  Surrattsville?    A.  About  one  mile. 

Q.  Are  yi'u  acquainted  with  a  man  named  Jenkins, 
a  tjrotl'er  of  Mrs.  Surratt?  A.  Yes  sir;  I  know  two  of 
her  brothers, 

Q.  Dovouknow  the  one  who  has  testified  in  this 
case,  .1.  B.  Jenkins?    A.  Yes  sir. 

Q.  State  what  position  he  has  occupied  towards  this 
Goveriiinent  during  the  Rebellion.  A.  During  the 
first  yearhewas looked  uponasaUnion  maii;alter  that 
he  was  looked  upon  as  a  Secesh  sympathizer. 

Q.  Do  vou  know  Mr.  Nolt?    A.  Yes  sir. 

Q.  Del"  you  have  any  conversation  with  him  on  the 
Saturday  succeeding  the  murder?    A.  I  had. 

Q.  State  what  it  was.  A.  I  met  two  young  men  con- 
Jiected  with  General  Augur's  head-quarters,  and 
one  of  them  told  me  Surratt  was  supposed 
to  be  the  man  who  cut  Mr.  Seward,  aud  I 
asked  Mr.  Noit  if  he  could   tell   me  where   bur- 


128 


TRIAL   OF  THE   ASSASSINS   AT  WASHIXGTOX. 


rattwas;  he  said  he  rpclcnnod  he  wns  in  New  York 
by  that  time;  I  asked  )iim  why  that  was,  and  ho  said, 
"My  Uod,  Jolm  Suriatt  knows  all  about  this,  anddo 
you  suppose  h(3  is  gnint;  to  slay  111  Wasbington  and  lot 
them  catch  iiim;  1  could  have  told  you  this  thiiii;  was 
going  to  happen  six  months  ulto;"  then  said  lie,  ''Keop 
that  in  your  skiu,  for  iiyou  would  mention  It  it  would 
ruin  mf." 

Q.  What  was  Nott's  attitude  to  the  Government?  A. 
I  have  heard  him  speak  against  the  Government,  and 
denounce  the  Adniiuistraiion  in  every  mannoraiid 
form,  and  heard  him  say  that  if  the  South  didn't  suc- 
ceed he  didn't  wantto  live  another  day. 

Ina  lon«;cross-fxaminati(in  the  witness  simply  re- 
peated his  testimony  in  chiel'. 

Testimony  of  Mr.  Roby. 

Q.  State  where  you  reside.  A.  In  Prince  George 
county. 

Q.  How  far  from  Surrattsville?  A.  Three  or  four 
hundred  yards. 

Q.  Are  you  acquainted  with  J.  G.  Jenkins?  A.  Yes 
sir. 

Q.  How  long  have  yon  known  him.    A.  Since  1861. 

Q.  State  to  the  Court  whether  you  held  any  position 
under  the  Government.  A.  I  was  appointed  an  en- 
rolling officer  on  the  l2th  of  June,  issi. 

Q.  State  to  the  Oourt  what  the  reputation  of  Jenkins 
Is  or  has  been  since  1801  with  reference  to  loyalty.  A. 
I  never  heard  but  one  opinion,  and  that  is  that  in  1861 
hewaslooked  upon  as  a  Union  man,  and  alter  that 
time  asasynipatliizer  with  the  South. 

Q.  Has  he  been  in  the  attitude<jf  a  talker  againstthe 
Government?    A.  Yes  sir,  since  1862. 

Cross-e.xaminatlon.— Q.  Were  you  a  member  of 
Cowan's Comjiany In  1S61?  A.  Kosir;I  wasamember 
of  another  coDQiiany. 

Q.  You  state  that  up  to  1862  Jenkins  was  regarded  as 
a' Union  man?  A.  "i'rs  sir:  I  saw  him  once  between 
the9th  of  April,  ISfil,  and  the  ISthof  July:  he  was  beg- 
ging money  for  a  Union  man's  family  who  had  been 
killed:  the  next  time  I  saw  him  was  at  my  house,  and 
he  was  then  opposed  to  the  nominees  of  the  Union 
party. 

Q.  What  have  you  heard  of  Jenkins  since  1862?  A. 
I  have  been  living  near  Surrattsville  since  September, 
1863,  and  have  seen  Jenkins  nearly  every  day:  he  was 
then  a  talking  against  the  Government,  and  at  the 
election  at  which  we  voted  for  the  new  Constitution, 
he  said  he  had  been  ofl'ered  office  under  the  'damn 
Government."  but  would  not  hold  office  under  such 
a  "God-damned  Government" 

Q.  WhatGovernment  ?  A.  The  Government  of  the 
■United  States. 

Q.  What  do  you  mean  by  the  Government  ?  A.  The 
laws,  the  Constitution,  and  the  enforcement  thereof. 

The  Court  here  adjourned  till  10  o'clock  to-morrow 
morning. 

The  Name  of  Payne  Said  to  toe  PowelJ. 

Washington,  June  3.— After  the  reading  of  the  re- 
cord of  yesterday  the  trial  was  proceeded  with. 

Testimony   of   Ex-Governor  Farwell    of 
■^Visconsin. 

By  Mr.  Doster.— Q.  State  whether  on  the  evening  of 
the  14th  of  April  last  you  went  from  Ford's  Theatre  to 
the  room  of  Vice  President  Johnson.  A.  Eetween  ten 
and  hall'-past  ten  o'clock  on  that  evening  I  went  di- 
rectly from  the  theatre  to  the  Vice  President's  room. 

Q,  State  whether  you  found  the  door  of  the  room 
locked  or  open.  A.  It  was  locked,  I  thin^;  I  am  not 
certain. 

Q.  Did  you  find  anybody  apparently  lying  In  wait 
about  the  room?    A.  I  did  not  discover  any  one. 

Q.  If  anybody  had  been  lying  in  wait  about  the  room 
would  you  have  been  able  to  see  them?  A.  I  did  not 
look  at  anything  but  the  door,  and  did  not  see  any  one 
at  the  door.  ,^ 

Q.  What  did  you  do  after  you  got  to  the  door?  A.  I 
rapped,  but  received  no  answer;  I  rapped  again,  and 
said,  in  a  loud  voice,  "Governor  Johnson,  if  you  are  in 
the  room  I  must  see  you." 

Q.  Did  you'  enter  the  Vice  President's  room?  A.  I 
did,  and  remained  there  half  an  hour. 

Q.  Wliileyouwerothero  was  the  room  visited  bvanv 
strangers?  A.  A  number  of  persons  came  to  tho'doof; 
alter  1  got  inside  I  locked  and  bolted  the  door,  and  did 
not  allow  any  pcr.son  to  come  in  without  it  was  some 
one  personally  known  lo  the  Vice-i'resident  or  myself; 
I  also  rang  the  bell  lor  the. servants. 

CJ.  State  whether  you  oversaw  the  prisoner  Atzeroth 
before?    A.  Not  to  my  knowledge. 

Q.  Do  you  take  your  meals  at"  the  Kirkwood  House? 
A.  I  do. 

Q.  Have  j'ou  not  observed  persons  asking  to  see  the 
Vice-President  while  he  would  be  taking  his  meals'  A. 
No  sir,  only  when,  as  I  have  been  at  the  table,  some 
gentleman  would  ask  me  casually  whether  the  Vice- 
President  was  in. 


Testimony  of  John  B.  Hubbard. 

.  By  Mr.  Doster.-Q.  State  whether  at  times  you  are 
in  charge  of  the  prisoner,  Payne?    A.  lam. 

Q.  Havoj-ou  at  any  time  during  his  confinement 
had  any  conversation  with  him?    A.  I  have. 

Q.  State  what  was  the  substance  of  that  conversa- 
tion? 

Assistant  Judge  Bingham  objected  to  the  question, 
onthegiound  that  the  declarations  of  the  prisoner 
were  not  admissible. 

Judge  Advocate  Holt  stated  that  as  a  confession  of 
the  prisoner,  it  would  not  be  admissilile.  but  iirneroly 
designated  to  show  his  condition  of  mind,  it  might  be 
considered. 

The  question  was  then  answered,  as  follows:— 

A.  I  was  taking  him  out  of  the  court  room  the  other 
day  when  hesaid  he  wished  they  Wfluld  make  haste 
and  hang  him,  that  he  was  tired  of  life;  and  that  he 
would  rather  be  banged  than  come  back  here. 

Q.  Did  heever  have  any  conversation  with  you  in 
relerence  to  the  subject  of  his  constipation?  A.  Yes 
sir;  about  a  week  ago. 

Q.  What  did  he  say  ?  A.  He  said  that  he  had  been 
so  ever  since  be  had  been  here. 

Q.  What  had  been  so  ?  A.  That  he  had  been  consti- 
pated. 

Q.  Have  you  any  personal  knowledge  as  to  the  truth 
of  that?    A.  Ihavenot. 

Q.  To  whom  did  you  tell  what  the  prisoner  said  to 
yon  ?    A.  To  Colonels  McCall  and  Dart. 

By  Assistant  Judge  Advocate  Bingham.— Q.  What 
else  did  the  prisoner  say  to  you  ?  A.  That  was  all  he 
said. 

Testimony  of  Colonel  TV.  H.  H.  M'Call. 

By  Mr.  Doster.— Q.  Have  you  at  any  time  haa 
charge  of  the  prisoner  Pa.vne?    A.  I  have. 

Q.  Are  5'ou  alone  in  charge  of  him?  A.  No  sir; 
Colonel  Frederick,  Colonel  Dart  and  myself  have 
charge  of  him. 

Q.  How  is  I  he  duty  divided  between  you?  A.  We 
have  each  eight  hours  out  of  the  twentj'-four. 

Q.  Does  your  dutj' lead  you  to  be  cognizant  of  the 
conduct  of  the  prisoner  in  his  cell?    A.  Yes-sir. 

Ci.  Do  you  know  anything  with  reference  to  the 
constipation  of  the  prisoner?  A.  To  the  best  of  my 
knowledge,  until  last  evening,  he  had  no  relief  since 
the29th  of  April. 

Q.  Have  you  ever  had  any  conversation  with  the 
prisoner  on  the  subject  of  his  own  death?    A.  No  sir. 

Testimon.y  of  John  £.  Roberts. 

By  Mr.  Doster— Q.  Is  it  apart  of  your  duty  to  take 
charge  of  the  prisoner  Payne?  A.  I  have  not  had  spe- 
cial charge  of  the  prisoner;  my  duties  are  general. 

Q.  Have  you  at  any  time  had  a  conversation  with 
him?    A.  Yes  sir. 

Q.  Have  you  ever  spoken  to  him  on  the  subject  of 
hi.s  own  death?  A.  On  the  day  thalMajor  Seward  was 
e.xaniinedhere,  and  the  prisoner  was  dressed  in  a  coat 
and  hat,  as  1  was  putting  the  irons  on  him  again  he 
told  me  that  they  were  tracing  him  pretty  close  and 
he  wanted  to  die. 

Q.  Did  be  say  that  he  was  tired  of  life?  A.  I  have 
told  you  all  th.t  hesaid. 

Q.  You  never  had  any  further  conversation  with 
him?  A.  Not  at  all;  not  on  the  subject  of  death;  words 
passed  between  n.s  now  and  then  on  thestairwa.v. 

By  Assistant  Judge  Advocate  Bingham— Q.  Did  he 
say  that  he  was  tired  of  life  and  he  wanted  to  die? 
A.  Yes  sir. 

Q.  He  coupled  with  that  the  remark  that  they  were 
tracing  him  in-etty  close;  in  other  words  finding  him 
out?    A.  Those  were  his  words. 

Testimony  of  I.ieut.  John  W.  I>empscy. 

Q.  State  where  you  are  on  duty?  A.  AtNo.G41  II  street, 
in  command  of  the  guard  having  charge  of  the  house 
of  Mrs.  Surratt. 

Q.  State  whether  you  were  with  the  party  that  made 
an  examination  of  the  house  at  the  time  the 
house  was  searched?  A.  I  vi-as  with  the  party  that 
cametothehouseonthel'Jthor20thof  April;'ihe  house 
was  se;irchod  before  that;  I  was  not  in  command  of 
the  guard  that  first  went  to  the  house. 

[A  photograph  of  J.  Wilkes  Booth  was  here  shown  to 
the  witness,  and  identified  by  him  as  the  one  which  he 
had  found  behind  a  picture  of  Morning  and  KvenlU';. 
The  back  of  the  photograph  bore  thenameof  J.  WUkes 
Booth  in  pencil  marks.] 

Teslintony  of  James  R.  ©"Brien. 

By  Mr.  Ewing— tj.  State  where  yon  were  employed 
on  the  11th  of  April  and  for  some  months  preceding 
that  day.    A.  In  tiie  Quartermaster-tieiieral'soUice. 

Q.  Had  you  un.v  engagement  with  Mr.  Ford?  A. 
Yea  sir:  1  was  usher  at  the  theatre  during  the  evening 
periorinances. 

Q.  .Do  you  know  anything  as  to  the  condition  of  the 
keepers  of  tlio  locks  of  boxes  7  and  b?  A.  The  keeper 
of  box  8  w-as  wrenched  off  or  broken  in  someway:  I 
do  not  know  how;  I  was  absent  one  evening  at  home 
sick,  and  I  afterwards  found  it  broken  ulf. 

Q.  When  did  you  notice  that  the  keeper  of  the  door 
of  box  S  bad  been  broken?  A.  I  noticed  it  the  lirst 
time  afterwards  that  X  went  into  the  bos;  that  was 


TRIAL   OF   THE   ASSASSINS  AT  WASniNGTON. 


129 


Bometime  before  the  assassination;  I  could  not  say  how 
long  belure. 

Q.  Wo  yoa  know  whether  the  door  could  be  fastened 
afterwards  by  locking?  A.  It  luight  be  locked,  but  I 
imagine  that  if  sho\  ed  it  would  come  open;  it  would 
always  sliut  tight,  and  I  had  no  occasion  tn  lock  it. 

Q.  ilow  was  tlie  keeper  ot' tlie  door  of  box  7.  A.  It 
appeared  to  be  all  right;  I  always  locked  that  box. 

"Q.  Which  door  was  used  w hen" the  Presidential  i)ariy 
occupied  the  two  boxes?    A.  The  door  of  box  8. 

Q.  How  was  it  generally  left  alter  the  party  entered? 
A.  Always  h-ft  open. 

Q-  Do  you  know  whether  the  door  leading  into  the 
passage  "whicli  separates  tlielwo  boxes  Ironi  the  wall 
had  a  lock  upon  it?    A.  No  sir;  it  had  no  lock. 

By  As.sistant  Judge  Advocate  Bingham,— Q.  The 
outerdoor  had  a  UitcU.had  it  not?  A.  No  sir;  it  was  not 
fa.slened  at  all. 

Q.  Box  eight  is  nearest  the  stage,  is  it  not  ?  A,  Yes 
sir, 

Testjanony  of  I>r.  Blauforcl. 

By  Mr.  Ewing.— Q.  State  whether  you  are  acquainted 
with  the  country  along  the  routes  from  here  to  Surralts- 
■viileand  Bryan  town  and  through  Surrattsvilleto  Port 
Tot)acco  ?  A.  As  far  as  Bryanlown  and  Port  Tobacco  I 
am  acquainted  with  it,  but  not  further. 

Q.  Are  you  acquainted  with  thelocalityof  Dr.  Mudd's 
house?  A.  I  am.  (A  map  of  the  locality  relerred  to, 
showing  the  different  roads  leading  from  Washington 
to  Bryantowu  and  vicinity,  was  shown  to  the  witness; 
also  a  plot  drawn  by  himself,  giving  the  ditferent  lo- 
calities lu  tlie  neighborhood  of  t)r.  .Samuel  A.  Mudd's 
house,  both  of  which  he  testihed  were  accurately 
drawn.) 

The  hour  of  one  o'clock  having  arrived,  the  Commis- 
sion took  a  recess,  as  usual,  until  two,  at  which  hour 
the  body  reassembled. 

£xamiisatioii  of  Susaa  Stewart,  (Colored). 

By  Mr.  Ewing.— Q.  State  where  you  reside?  A.  At 
Mr.  John  MilTer's,  about  a  mile  from  Bryantowu. 

Q.  How  near  do  you  live  to  the  houee  of  the  colored 
man  John  Boose?    A.  Only  a  short  distance. 

Q.  You  both  lived  on  the  little  cut-off  road  leading 
through  the  farm?    A.  Yes  sir. 

Q.  Stale  whether  you  know  Dr.  Samunl  A.  Mudd 
the  prisoner.    A.  I  do. 

Q.  Statewhetheryou  saw  him  on  the  day  after  the 
President's  assassination,  and  where?  A.  I  saw  Dr. 
Mudd  on  Easter  Saturday  between  three  and  four 
o'clock  in  the  evening;  Isawhiuiout  by  the  corner  of 
the  barn  near  Mr.  Murray's  house,  riding  along  slowly 
by  himself. 

Q.  At  the  time  you  saw  Dr.  Mudd,  could  you  see  the 
main  road  from  where  you  were  standing?  A.  I  did 
not  talie  any  notice  of  the  main  road;  some  one  said 
'•here  conit-s  a  gentleman,"  and  I  went  to  the  door  and 
saw  it  was  Dr.  Mudd. 

Q.  How  much  of  the  main  road  could  you  see  from 
where  you  were  standing?  A.  About  a  quarter  of  a 
mile  or  more. 

Q,  Did  you  see  anybody  on  the  main  road?  A.  I  did 
not;  if  there  had  been  anybody  with  him  I  could  easily 
have  seen  the  person. 

By  Assistant  Judge  Advocate  Bingham. —Q.  This  was 
on  Easter  Saturday  alternoon?    A.  Yes  sir. 

Q.  Dr.  Mudd  was  coming  apparently  from  Bryan- 
town?    A.  Yes  sir. 

By  Mr.  Ewing.— Q.  Did  you  see  which  way  he  was 
coming,  whether  he  was  coming  trom  Bryantowu  or 
not?    A.  Ko  sir. 

Testimony  of  Primas  Jobnson  (colored). 

Q.  Do  you  know  the  prisoner,  Dr.  Mudd?  A.  Yes 
sir. 

Q.  State  when  you  saw  him  after  the  President's 
assassination?  A.  I  saw  him  on  the  Saturday  after- 
noon afterwards,  about  three  or  half-past  three  o'clock. 

Q.  Did  you  see  him  as  he  was  going  to  Bryantown 
that  day?    A.  Yes  sir. 

Q.  Did  you  see  anything  of  a  man  riding  along  with 
him  as  he  was  going  to  Bryanlown?  A.  INb  sir;  Master 
Bam.  Mudd  was  by  himself;  there  was  a  man  went 
along  after  he  had  gone  on. 

Q.  Did  you  see  anything  of  that  man  who  followed 
Master  Sam.  Mudd  coming  back?  A.  Yes  sir;  the 
same  man  that  went  in  towards  Bryantown  came  back 
b.y  himself  about  an  hour  and  a  half,  I  reckon,  belore 
Master  Sam.  Mudd. 

Q.  Where  is  Mr.  Boose's  house?  A.  I  suppose  it  Is  a 
couple  ofmiles  this  side  ot  Bryantown,  on  the  road  be- 
tween Bryantown  and  Dr.  Bam.  Mudd's. 

Testimony  of  Charles  Bloyce. 

By  Mr.  Ewing— Q.  Do  you  know  the  prisoner,  Dr. 
Bamuel  A.  Mudd?    A.  Yes  sir. 

Q.  Were  yoiuabont  his  house  lastyear,  and  if  so,  how 
often?  A.  I  went  there  on  the  1-th  day  after  the 
Christmas  before  la.st,  and  was  about  the  house  every 
Saturday  and  Sunday,  except  between  the  lOth  of 
April  and  the  20th  of  May,  when  I  was  hauling  seine. 

Ci- -"^re  you  the  husband  of  one  of  his  servants,  who 
has  been  here  as  a  witness?    A.  Yes  sir. 

Q.  Have  yon  ever  seen  Ben.  Gvvynn  or  Andrew 
Gwinn?  A.  Yes  sir,  about  four  years  ago,  when  the 
warHrst  commenced,  they  passed  along  by  Mr.  Dyei's, 


Q.  Did.vou  see  either  of  them  about  Dr.  Mudd's  house 
lastyear?    A.  Kosir. 

Q.  Did  you  see  or  hear  anything  ofWatt  Bowie.  John 
H.  Surratt.  Capt.  White,  of  Tennessee,  Lieut.  Perry,  or 
J.Wilkes  Bo'ith?    A.  Ko.sir. 

Q.  Neither  saw  nor  heard  of  any  of  them  about  Dr. 
Mudd's  house  last  year?    A.  No  sir. 

Q.  Did  you  know  of  any  t:onfederate  ofHcers  or  any 
men  in  unilorm  being  about  there  last  year?  N.  No, 
sir. 

Q.  Do  you  know  Mary  Simms?    A.  Yes  sir. 

Q.  Do  you  know  what  the  colored  folks  about  there 
thiukof  her  as  a  truth-teller?  A.  The  folks  there  said 
she  was  notniuch  Ota  truth-teller;  that  she  told  such 
lies  they  could  not  believe  lier. 

tj.  What  didthey  think  about  MyloSimms?  A.  They 
thought  the  same  about  him;  I  used  to  Ihiuk  myself 
that  he  was  a  liar,  because  he  used  to  tell  me  liessome- 
times. 

Q.  What  was  Dr.  Mudd's  character  as  a  master  of 
his  servants?  A.  I  would  callhim  alirst-rateman;  I 
never  heard  of  him  whipping  or  saying  anything  to 
them:  they  did  pretty  much  as  they  pleased. 

Q.  Did  you  ever  hear  him  threaten  to  send  any  of 
his  servants  to  Richmond?  A.  No  indeed,  I  never 
heard  one  of  them  say  a  word  about  it. 

By  Assistant  Judge  Advocate  Bingham. — Q.  Did  you 
ever  hear  anj'thing  about  his  shooting  any  ot  his  ser- 
vants?   A.  I  did  hear  that. 

Q.  You  thought  that  was  first-rate  fun?  A.  I  don't 
know  about  that.    (Laughter.) 

Testimony  of  Marcns  P.  Korton. 

Colonel  Burnett  stated  that  in  the  discretion  of  the 
Court  this  witness  had  been  called  to  give  testimony 
bearing  more  or  less  directly  upon  the  prisoners.  Dr. 
Mudd,  Atzeroth  and  O'Laughlln.  Itwasthe  practice 
in  Jlilitary  Courts,  even  alter  the  testimony  had  been 
closed  on  both  sides,  for  the  Court  to  call  and  examine 
further  witnessesif  in  their  judgment  necessary.  If. 
however,  the  counsel  for  the  defense  wish  to  interpose 
an  objection,  now  was  the  proper  time  for  them  to  do 
so. 

Mr.  Cox  stated  that  he  should  object,  for  the  reason 
thatit  had  once  been  distinctlyanuouuced  that  all  evi- 
dence on  the  part  of  the  Government,  except  that 
strictly  rebutting  in  its  nature,  was  closed  only  so  far 
asshould  relaie  to  the  general  subject  otthe  conspi- 
racy, and  not  affecting  directly  the  case  ofanyoneof 
the  prisoners. 

Mr.  Ewing  said  that  so  far  as  he  was  concerned  he 
was  willing  iliat  any  further  evidence  should  be  intro- 
duced, provided  lime  was  given  for  the  defense  to 
meet  it. 

Colonet  Burnett  replied  that  it  was  for  that  very  pur- 
po-e  he  bad  called  the  witivcss  now. 
The  Court  decided  to  receive  the  proposed  evidence. 
By  Colonel  Burnett.— Q.  Wheredo  you  reside?    A.  In 
the  city  of  Troy,  N.  Y. 

Q.  State  where  you  were  during  the  latter  part  of 
the  winter  and  thesjiring  ot  this  year.  A.  I  was  at  the 
National  Hotel,  in  this  city,  from  about  the  10th  of 
January  until  the  10th  or  middle  of  March. 

Q.  While  there  did  you  become  acquainted  with  J. 
Wilkes  Booth?  A.  Not  personally  acquainted;  I  knew 
him  by  sight;  I  had  seen  him  act  several  times  in  the 
theatre. 

Q.  While  at  the  hotel  state  whether  you  saw  any  one 
with  him?  A.  Thereare  tliose  thati  recoguixeas  hav- 
ingseeuduring  that  time  in  company  with  J.  Wilkes 
Booth;  rather,  I  should  say  I  saw  those  two  men  With 
him.    (Atzeroth  and  O'Laughlln). 

Q.  At  what  time?  A.  1  do  not  remember  the  exact 
day;  it  was  near  to  the  Inauguration  of  President  Lin- 
coin;  Atzeroth  I  saw  twice,  and  the  other  one  I  sup- 
pose four  or  five  times. 

Q.  State  whether  at  any  time  you  accidentally  over- 
heard any  conversation  between  Booth  or  either  of 
these  parties,  and  if  so,  what  it  was?  A.  I  did  with 
Atzeroth;  I  can't  give  the  precise  language,  but  the 
sulistance  of  it  was  that  if  the  matter  succeeded  as  well 
with  Johnson  as  it  did  with  Buchanan,  they  would  get 
terriblv  sold. 

Q,  Did  you  hear  any  other  conversation?  A.  There 
was  something  said  that  the  testimony  of  witnesses 
would  be  of  that  character  that  very  little  could  be 
proved  by  them;  Booth's  statements  I  heard  in  the 
same  conversation  on  the  evening  of  either  the  2d  or 
3d  of  March  last;  I  did  not  know  what  was  referred  to. 
Q.  State  now  which  of  the  other  prisoners  you  have 
seen  beibre,  and  under  what  circumstances.  A.  I  saw 
that  one  (Dr.  Mudd)  (nice,  while  I  was  at  the  National 
Hotel;  he  came  to  my  room  on  the  morning  of  the  8d 
of  March,  entered  hastily,  and  appeared  to  be  some- 
what excited;  he  said  he  had  made  a  mistake,  that  he 
wanted  to  see  Booth;  I  told  him  Booth'.s  room  was 
perhaps  on  the  floor  above;  I  did  not  know  the  num- 
ber; from  the  apjiarently  excited  manner  of  the  per- 
son entering  my  room  I  leit  my  writing  and  wentout 
into  the  hall  and  followed  him;  he  went  down  stairs, 
and  as  he  reached  the  story  below  he  turned  and 
looked  at  me. 

Q.  Did  or  did  not  you,  when  you  first  entered  the 
room  this  morning,  recognize  the  prisoner,  Mudd,  as 
the  person  you  met  on  that  occasion?  A.  I  pointed 
him  out  to  11.  Jones  this  morning,  the  prisoner  I  now 


130 


TRIAL   OF   THE   ASSASSINS   AT  WASHINGTON. 


see  was  the  one.  or  it  wtis  ii  porson  exactly  like  him;  I 
am  satisfied  he  was  tho  iiia:i. 

U.  Did  you  ever  see  luiu  afterwards?  A.  Not  before 
to-day. 

Q.  State  what  circnmstaucL'.s  enable  you  to  fix  tlie 
date.  A.  I  fix  ii  f'rcjin  tlieiiictot  it<i)ro.xim:ty  totho  in- 
aut'iiration;  I  ttilnk  icwa,s  about  teu  or  eleven  o'clocli 
ou  iliiimorning  before. 

Q.  Miglit  it  not  have  been  iu  the  previous  month  of 
rel)ruary?  A.  I  thinli  theday  1  have  named  waa  the 
date. 

Q.  Are  you  ascertain  about  tliat  as  you  are  of  the 
identuy  of  the  pris^iuiT?    A.  lam. 

Cross-examined  by  Wr.  Co:^.— Q.  Can  you  fix  thedate 
of  tlie  conversation  0'i,aughliu  had  witii  Booth".'  A. 
I  cannot. 

Q.  Was  any  person  in  company  with  them  while 
they  were  conversinx?    A.  ^osir.  ' 

Q.  Did  you  overhear  anythin'j;  said  inanyofthese 
conversations?    A.  No,  I  wa.-;not  near  enough. 

By  Mr.  Kwing.— Q.  Howdoyoufi.xthethiidofMarch 
as  theUay  Dr.  Mudd  entend  y.iur  room?  A.  Only 
from  the  lact  of  tlie  inanuunaion;  I  did  not  make  any 
memorandum  of  it.  or  cliartjo  my  mind  particularly 
with  the  dale;  I  recoi;c('l  tlie  morning  Dr.  JSiAuid  en- 
tered my  room  I  had  :i  motion  p(.'ntl  ncjin  theSupreme 
Court  of  the  United  States  lor  that  day,  and  I  was  pre- 
paring my  papers. 

Q,  When  did  you  ar?rne  the  motion  ?  A.  On  that  day. 

Q.  What  was  the  motion?  A.  It  wa3  to  disrai.ss  a 
certain  patent  case  /'roni  the  Court  l-^r  want  of  jurisdic- 
tion, in  a  case  originating  iu  the  Northern  District  of 
Kew  York. 

Q.  How  was  he  dressed?  A.  That  I  could  not  say; 
his  garments  were  black,  and  he  had  a  hat  in  his  hand; 
I  do  not  know  as  I  can  give  any  name  to  the  hat;  it 
had  a  high  crown. 

Q.  Can  you  describe  any  other  article  of  d- ess?  A. 
No,  It  was  a  hasty  glance  coming  in  and  going  out. 

Q.  Do  you  recognizethe  prisoner  Mudd  vvithasmuch 
certainty  in  your  own  mind  as  you  dj  theolliers?  A. 
In  my  own  mind  I  have  no  duubt  a.s  to  either  of  the 
three. 

Q.  Do  you  recognize  any  of  the  other  prisoners  at  the 
bar?  A.  1  do  not.  know  that  I  ever  saw  any  of  the 
others  before. 

By  Mr.  Doster.— Q.  State  if  you  can  the  precise  date 
of  the  conversation  between  Atzeroih  and  Booth?  A. 
I  cannot;  the  place  was  in  the  office  of  the  hotel  and 
the  time  was  early  in  tlie  evening. 

Q.  How  did  you  liappen  to  hear  them?  A.  I  was  sit- 
ting in  a  seat  near  them:  in  a  lirtel.  we  sometimes 
overhear  parties,  even  when  talking  with  others. 

Q.  Were  they  talking  in  a  loud  or  low  tone  of  voice? 
A.  They  were  not  talking;  ina  very  loud  tone  of  voice. 

Q.  How  near  were  jou  to  them?  A.  Within  two 
or  three  feet. 

CJ.  Was  the  prisoner  dre.ssed  then  as  he  is  now?  A.  I 
should  think  not;  I  did.not  take  particular  notice,  how- 
ever; 1  passed  it  as  I  do  a  thousand  oUier  things. 

Q.  You  do  not  recognize  liim.  then,  by  his  dress  ?  A 
No;  by  his  appearance;  I  do  not  know  as  he  had  so 
much  of  a  scowl  ur>on  his  lace  tlien  as  now. 

Q.  Was  he  as  lleshy  tlien  as  now  ?  A.  I  couM  not  say 
as  to  that;  I  did  not  take  his  dimensions  as  to  his 
avoirdupois  weight. 

Q.  You  say  you  have  not  seen  Atzeroth  since  then 
until  to-day;  about  two  months  ago?   A.  About  that. 

Q.  Have  you  repealed  that  conversation  from  that 
time  until  to-day?  A.  1  spoke  to  Mr.  King  about  it 
once. 

Q.  Are  you  in  the  habit  of  remembering  conversa- 
tions you"  overhear  casually  for  two  mouths?  A.  I 
remember  some  things  a  lung  time. 

Q,.  Are  you  in  the  liabit  of  remembering  faces  for 
that  time?    A,  I  do  sometimes. 

Q.  And  you  can  swear  to  tliat  precise  conversation? 
A.  1  have  only  undertaken  to  repeat  the  substance  of 
it. 

Q.  Are  you  a  lawyer?   A.  I  am. 

Q.  And  have  you  read  the  testimony  in  this  case?  A. 
Not  generally  at  all;  I  have  read  the  examination  of 
two  or  three  witnesses. 

By  Mr.  Coxe.— Q.  W  fre  the  conversations  you  saw 
between  Booth  and  O'fiaughlin  in  the  public  hall?  A. 
They  were;  I  heard  none  of  tliem. 

By  the  Court.— (i.  What  is  the  character  of  your  eye- 
sight? A.  I  am  somewhat  near-sighted:  I  ahvaj-s  wear 
glasses. 

Q.  I^oyou  have  perfect  confidence  in  recognizing 
people's  countenanced?  A.  1  would  at  the  distance  1 
saw  these  men. 

Q.  What  was  the  impression  created  by  this  man 
who  came  into  your  room  that  led  you  to  lollow  him? 
A.  It  was  his  hasty  entrance  and  hasty  exit. 

Q.  Did  he  seem  embarrassed  or  mistaken  when  he 
entered  the  room?  A.  J le  seemed  somewhat  e.-:cited, 
and  apologized  by  sajMng  he  had  made  a  mistake. 

Q.  llad  you  occupied  that  room  previous  to  that 
day?  A.  I  had  been  changed  into  that  room  perhaps 
ten  days  previously. 

Cross-Examination  of  Li.  S.  Roby. 

By  Mr.  Ewing.— Q.  State  where  you   live.     A.  In 
Charles  county,  Maryland. 
Q.  Were  you  in  Bryautown  ou  the  day  after  the 


assassination  of  the  President?  A.  I  was  on  the  even- 
ing of  that  day ;  I  arrived  there  at  three  o'clock,  I 
guess. 

Ci.  State  what  you  heard  about  the  assassination  of 
the  President.  A.  Welieard  before  getting  there  of 
the  lact,  but  1  did  not  believe  it;  when  we  got  near 
tnere,  however,  1  found  s(ddiers  staiioncil  along  the 
road,  and  1  inquired  of  tliem  and  tliey  said  it  was  a 
fact;  I  made  inquiry  as  lo  wlio  was  ttio  perpetrator; 
they  said  it  was  somebody  who  belonged  to  the  theatre; 
they  did  not  give  the  name,  and  spoke  as-lhou'^h  they 
did  not  know;  I  had  conversation  with  several:  there 
wasagreatdeal  ofcomusion.  butbeforel  left  I  heard 
it  was  Booth,  from  Dr.  George  Mudd. 

Q.  Were  you  about  Beau's  store  during  the  time  you 
was  there  ?    A.  1  passed  it.  but  did  n.  it  go  iu. 

ii.  State  whether  you  are  acquainted  with  D.  J. 
Thomas,  who  has  been  a  witness  lor  the  proseculion  ? 
A.  I  am. 

Q.  Do  you  know  his  reputation  in  the  neighborhood 
in  whicli  be  lives,  lor  veracity  ?    A.  It  is  b;id. 

CJ.  From  vour  knowledge  of  his  reputation  for  ve- 
racity would  you  believe  himunder  oath  ?  A.  Idouot 
believe  1  would. 

Cross-examined  by  Colonel  Burnett.— Q.  How  near 
do  you  live  to  Mr.  Thomas?  A.  \Vithiu  four  or  five 
miles- 

Q.  How  intimately  have  you  known  him  for  the  last 
four  or  live  years?  A.  I  have  known  him  quite  inti- 
mately. 

Q.  Slate  what  your  own  attitude  has  been  toward  the 
Governmentsince  the  Rebellion?  A.  It  is  my  belief  I 
have  been  a  loyal  citizen;  I  have  done  no  overtact  in 
any  shape  or  manner. 

Q.  Have  you  said  anything  against  the  Government 
or  tciven  any  counselor  assistance  to  the  Kebels?  A. 
No;  there  are  some  acts  of.'the  Adminisiration  that  I 
have  not  spoken  pleasantly  about ;  nothing  else. 

Q.  Have  you  said  anythingagainst  auy  of  the  speci- 
fications of  the  Government  in  seeking  "to  i^ut  down 
this  Kebehion?    A.  1  do  not  think  I  have. 

Q.  Have  you  maintained  the  attitude  of  a  friend  of 
theGoveniuienc  or  of  a  friend  totheSouth  during  ihe 
Rebellion?  A.  Shortly  alter  the  war  broke  out  i' took 
an  oath  of  lealty  to  the  Government,  and  have 
strongly  adhered  to  it,  neither  turning  to  the  left  nor  to 
the  right. 

Ci.  What  acts  of  the  Administration  have  you  talked 
against?    A.  Arbitrary  arrests. 

U.  Arbitrary  arrests  of  Rebels?    A.  No,  of  citizens. 

ti.  Were  they  not  Itebels?  A.  No,  they  professed  to 
be  loyal  citizens:  I  do  not  recollect  who  they  were. 

U.  Do  3'ou  recollect  a  man  by  the  name  of  Joyle?  A. 
I  do. 

Q.  Do  you  know  him  as  the  man  who  murdered 
Captain  Watkins?  A.  I  have  only  seen  him  once 
since  that  time. 

Q.  Did  you  not  harbor  him  and  feed  him  after  the 
murder?  A.  No  sir;  he  came  to  my  house  on  the 
morning  after  the  general  election;  I  live  not  far  from 
the  road;  heonly  stayed  a  short  time;  the  only  time  I 
haveseen  him  since  the  murder  w;us  once  on  the  road. 

By  Mr. liwing.— Q.  in  your  statement  in  regard  to 
tlie  veracity'of  Mr.  Thomas  as  a  witness  did  yoli  refer 
to  his  reputaiioii  beforeor  since  the  war?  A.  All  the 
time;  he  seems  lo  be  a  kind  of  man  who  will  imagine 
things  that  iire  not  true,  and  get  to  believe  they  are 
facts,  and  stick  to  tiiem  all  the  time. 

By  Judge  Bingham.— Q.  You  do  not  m.ean  to  say 
that  ho  would  tell  what  he  did  not  believe  to  be  true? 
A,  No,  but  he  would  toll  things  not  true,  although  he 
believed  them  himself  to  be  true. 

Testimony  of  E.  I>.  K.  Bean. 

ByMr  Ewing.- Q.  State  your  occupation?  A.  lam 
a  merchant  atBryantown. 

U.  State  whether  the  prisoner.  Dr.  Mudd,  made  any 
purchases  .of  you  the  day  after  the  assassination  of  th'e 
President?  A.  1  think  1  sold  him  somecalico;  1  only 
remember  the  day  from  some  circumstances  that 
fixed  it  in  my  mind. 

Q.  State  what  yon  he.ird  that  day  in  Bryantown  as 
to  the  assassination  of  the  President?  A.  I  heard  that 
day  that  the  President  was  assassinated:  I  asked  by 
wliom.and  I  understood  it  to  be  a  man  of  the  name 
of  Boyle,  who  was  said  to  have  murdered  Captain 
Watkins. 

Q.  Did  you  on  that  day  hear  that  it  was  Booth  who 
assa-ssinated  the  President?  A.  I  cannot  jiarticularly 
say;  my  imiiressioii  is  that  X  did  not  on  tiiat  day. 

U.  Were  there  soldiers  in  and  out  of  your  store  that 
day,  and  citizens?  A.  "Ves.  and  the  subject  of  the  aa- 
sa.ssination  was  the  general  topic  of  conversution. 

Q.  State  whether  you  had  any  conversation  with  the 
prisoner.  Dr.  Mudd,  about  the  assassination?  A.  The 
day  I  sold  him  the  calico  I  had  some  discussion  with 
him  on  that  subject;  1  remarked  to  him  it  was  bad 
news. 

.ludge  Bingham— It  is  not  competent  for  the  witness 
to  state  that  conversation. 

Mr.  Ewing  said  lie  was  aware  that  similar  questions 
had  been  overruled,  but  still. believing  the  quest  ion  was 
u  proper  one.  he  desired  to  have  it  eutered  and  the  de- 
cision of  the  Court  upon  ii. 

The  objection  was  sustained  by  the  Court. 

Q.  It  was  the  conversation  you  had  with  Dr.  Mudd 


TRIAL   OF   THE   ASSASSINS    AT   Y/ASHINGTOX. 


131 


that  enabled  you  to  fix  the  date  whenyou  sold  the  cali- 
co, was  it?    A.  Yes  sir. 

Cross-examined  by  Judge  Bingham.— Q.  When  did 
you  learn  that  Booth  was  the  man  wlio  liad  murdered 
President  Lincoln?  A.  KeuUy  I  do  not  remember  the 
flay. 

Q.  Then  you  do  not  know  that  it  was  not  on  Easter 
Saturday,  do  you?    A.  I  do  not. 

Q.  Did  you  hear,  at  the  same  time,  that  the  man  who 
had  murdered  the  President  liad  been  traced  to  vvitliin 
three  miles  ol'Brj'anlown?  A.  I  do  iiol'know  whether 
it  was  at  the  same  time;  I  heardsorue  time  that  he  was 
traced  to  within  three  or  three  aiid  a  halt'miles  of  that 
place. 

Q.  Can  you  tell  how  you  heard  it?  A.  I  do  not  know; 
it  was  in  general  conversation. 

Q.  Did  you  connect  the  sale  of  the  calico  with  that 
fact,  as  well  as  tlie  killing  or  the  President  by  Booth? 
A.  I  did  not;  1  think  I  did  not  hear  of  that  tact. 

Q.  How  do  you  know  it  was  on  Monday?  A.  I  do 
not  know. 

Q.  And  you  cannot  positively  state  that  it  was  not  on 
Saturday?    A.  Ko  sir. 

By  Mr.  Ewing.— Q.  But  your  impression  is  that  you 
did  not  hear  it  on  Saturday?  A.  My  impression  is  that 
I  did  not. 

Testimony  of  John  H.  Giles. 

By  Mr.  Cox.— Q.  Where  do  you  reside?  A.  AtRuU- 
mau's  Hotel,  Pennsylvania  avenue.  Washington. 

Q.  Do  you  know  the  accused,  Michael  O'Laughlin? 
A.  Yes,  I  have  known  him  personally  for  about  four 
months. 

<4.  Bid  you  see  him  on  the  Thursday  before  the  as- 
sassination of  the  President?  A.  I  saw  him  in  the 
evening:  he  was  with  a  Mr.  Murphy,  with  Lieutenant 
Henderson,  Purdy  and  several  others. 

Q.  Where  was  It?  A.  It  was  at  our  place,  two  doors 
from  the  (jtofjp ollice;  I  saw  him  early  in  the  evening, 
and  then  later,  about  ten  o'clock,  and  they  remained 
till  al  ter  eleven  o'clock. 

Q.  Did  .vou  join  them  when  they  went  out?  A.  I  did, 
and  was  with  them  till  one  o'clock. 

Q.  Did  you  see  them  on  Friday  evening,  the  evening 
of  the  assassination?  A.  Idid:  I  was  with  them  all  the 
evening. 

Q.  Was  O'Laughlin  at  your  hotel  at  the  time  thenews 
of  the  assassination  of  the  President  was  received?  A. 
Yes,  he  was;  I  should  think  it  was  about  half-past  nine 
or  ten  o'clock. 

Q.  Your  house  is  owned  by  a  man  by  the  name  ot 
Lichau,  is  it  not?    A.  Yes. 

Q.  Is  it  the  house  known  as  the  Lichau  House? 
A.  No;  the  Lichau  House  is  on  Louisiana  avenue,  be- 
tween Fifth  and  Sixth  streets,  near  Canterbury  Music 
Hall. 

Cross-examined  by  Judge  Bingham.— Q.  You  think 
the  news  of  the  President's  murder  came  along  about 
lialf-past  nine  or  ten  o'clock?  A.  I  think  so;  I  coolduot 
teil  certainly;  Idid  not  look  at  the  clock. 

Re-Cross-Examination  of  9Xr.  Reed. 

By  Mr.  Aiken.— Q.  Are  you  acquainted  with  John  H. 
Surratt?    A,  1  know  him  by  sight. 

Q.  .State  the  time  you  saw  him  last.  A.  I  saw  him 
about  half-past  two  o'clock  on  the  day  of  the  assassi- 
nation, the  nth  of  April. 

Q.  Did  you  ever  have  any  conversation  with  him? 
A.  Icanuotsay  that  I  havesincel  wascjuite  aboy;  he 
has  been  merely  a  speaking  acquaintance. 

Q.  Where  were  you  when  you  saw  him?  A.  I  was 
standing  on  the  stoop  of  Hunt  &  Goodwin's  military 
store. 

Q.  State  how  his  hair  was  cut.  A,  It  was  cut  very 
singularly:  it  was  rounded  down,  and  fell  on  his  coat 
collar  behind. 

Q.  Did  he  have  a  moustache  or  whiskers?  A.  I  do 
not  know  that  he  had;  in  fact,  I  did  not  look  at  his 
face,  particularly,  at  all. 

Q.  Look  at  that  picture  of  John  H.  Surratt,  and  see  if 
you  recognize  it?  A.  It  is  very  much  like  the  clothing, 
but  it  is  not  the  style  of  hair  he  had  when  I  saw  him. 

By  Judge  Bingham.- Q.  That  is  the  picture  of  John 
H.  Surratt,  is  it  hot?  A.  Y'es,  it  is  a  fair  picture  of  him, 
though  his  hair  is  not  cut  as  it  was  when  I  saw  him  on 
the  nth  of  April. 

Testimony  of  Miss  Anna  Ward. 

By  Mr.  Aiken.— Q.  State  your  residence.  A,  In 
Washington  city. 

Q.  Are  you  acquainted  with  the  prisoner,  Mrs.  Sur- 
ratt? A.  Yes,  I  have  known  her  tor  seven  or  eight 
years. 

Q.  Have  you  ever  known  her  on  any  occasion  fail  to 
recognize  you  or  her  friends  when  you  have  met  her? 
A.  She  failed  to  recognize  me  once  when  I  met  her  on 
the  street;  I  had  also  failed  to  recognize  her;  she  made 
an  apology  to  me,  and  I  madethe  .same  apology  to  her. 

Q.  Are  you  near-sighted?  A.  I  am;  this  was  on 
Seventh  street;  Mrs.  Surratt's  daughter  was  with  her, 
and  called  her  attention  to  the  fact  that  she  had  not 
spoken  to  me. 

Q.  Did  you  ever  have  occasion  at  any  time  to  read 
for  her?  A.  Yes,  I  gave  her  a  letter  to  read:  she  re- 
turned it  tome,  and  asked  me  to  read  it,  saying  she 
could  aot  see  to  read  by  gas  Jight. 


Q.  Do  you  recollect  any  other  occasion  when  she 
failed  to  recognize  persons?  A.  1  do  not  know  that 
1  do. 

Q.  Did  you  receive  a  letter  from  John  H.  Surratt  not 
long  since?    A.  1  did. 

Q.  Where  is  that  letter?  A.  I  gave  it  to  his  mother; 
I  pi^snme  it  has  been  destroyed. 

Ut  Please  state  to  the  Court,  as  well  as  vou  can  re- 
collect, all  the  circumstances  of  John  H.  Surratt's 
artairwith  you  in  engaging  a  room  ut  the  Herndoa 
House.  A.  He  called  one  afternoon  and  asked  to 
see  me. 

Judge  Bingham.  You  need  not  state  that  conversa- 
tion. 

Mr.  Aiken.  Very  well,  then,  we  turn  the  witness 
over  to  you.  Perhaps  you  may  want  to  make  some  in- 
quiries yourself  about  that  matter. 

Cross-e.xaimned  by  Judce  Bingham.— Q.  Have  you 
been  in  the  habit  of  visiting  often  at  Mrs.  Surratt's?  A. 
Occasionally,  up  to  the  day  of  the  assasination;  that 
was  the  last  day  I  visited  her. 

Q.  On  all  the  occasions  when  you  went  to  the  house 
did  slie  recognize  you  withoutditliculty?  A.  Yes;  once 
or  twice  she  opened  the  door  for  me;  at  other  times  I 
sent  my  name  tip. 

Q.  She  was  quick  to  recognize  the  voice,  wasn't  she? 
A.  Yes. 

Q,  You  are  acquainted  with  John  H.  Surratt?  A. 
Yes. 

Q.  Did  you  go  with  him  or  go  alone  to  the  Herndon 
House  to  obtain  a  room?  A.  1  did  not  obtain  a  room, 
I  simply  went  there  to  ascertain  if  there  was  a  vacant 
room. 

Q.  When  was  that?  A.  I  do  not  know;  it  was  a  long 
time  ago. 

Q.  Was  it  probably  the  last  of  February  or  perhaps 
of  March?    A.  It  may  have  been. 

Q.  You  went  there  to  obtain  a  room  for  a  delicate 
gentleman,  did  you  not?  A.  1  did  not  Know  what 
lierson. 

Q.  Have  you  met  any  of  the  prisoners  at  thebar?  A. 
I  can't  see  them  well  enough  to  answer;  I  do  not  think 
I  have. 

(.i.  Did  you  meet  any  strangers  at  Mrs.  Surratt's 
house?  A.  I  met  Bootli  there,  and  I  met  two  gentle- 
men who  boarded  there 

Q.  You  gut  a  letterfrom  John  H.  Surratt,  postmarked 
Montreal,  Canada  East?    A.  Yes. 

Q.  When  did  joii  receive  it?  A.  I  received  two  from 
him;  the  tirst  on  the  day  of  the  assassination:  I  do  not 
recollect  the  date  of  the  second;  there  was  a  very  short 
interval  between  them. 

Q.  You  delivered  both  of  these  letters  to  Mrs.  Sur- 
ratt? A.  I  delivered  one  to  her,  and  the  other  to  her 
daughter  Anna. 

Q.  Have  you  seen  it  since?    A.  No. 

Q.  Did  you  answer  any  letters  received  from  him? 
A.  Neither  of  these;  he  wrote  me  two  letters  at  the 
same  time,  inclosingihe  letters  for  his  mother;  I  an- 
swered those  addressed  to  me. 

Q  And  all  were  about  the  time  of  the  President's  as- 
sassination? A.  I  do  not  recollect  when:  they  were 
all  alter  he  left  home,  and  I  think  very  soon  after  the 
President's  assassination. 

Q.  You  haven't  got  any  of  them?    A.  No  sir. 

Q.  Do  you  know  whether  the  letters  to  yourself 
have  been  destroyed?  A.  I  do  not;  I  left  them  with 
his  motlier,  and  have  not  inquired  for  them  since. 

Q.  You  asked  for  a  room  to  rent  at  the  Herndon 
House  for  a  man?  A.  I  did  not;  I  simply  asked  for 
some  rooms. 

Q.  Who  was  with  you  at  that  time?  A.  No  one;  I 
was  alone,  on  my  way  to  the  Post  Office. 

By  Mr.  Aiken.— Q.  Have  you  known  Mrs,  Surratt 
as  a  lady  always  attentive  to  her  duties?    A.  I  have. 

Q.  Do  you  know  anything  iis  to  her  general  charac- 
ter? A.'My  knowledge  of  her  has  always  been  that  of 
a  Christian  and  a  lady. 

By  the  Court.  Q.  Do  you  attend  the  same  church  as 
Mrs.  Surratt?   A.  I  do,  sir. 

Testimony  of  Mr.  Gessford. 

By  Mr.  Ewing.  Q.  State  in  what  business  yon  were 
employed  on  the  nth  of  April  last?  A.  I  was  ticket- 
seller  at  Ford's  theatre. 

Q.  How  long  were  you  at  the  ticket  office  during  the 
dayornight?  A.  My  business  at  the  ticket  office  com- 
menced abouthaU-pastsix  in  the  evening. 

Q.  State  whether  or  not  the  private  boxes,  except 
those  occupied  bv  the  parly  ot  the  President,  were  ap- 
plied for  that  evening?    A.  No  sir. 

Q.  State  whether  or  not  any  tickets  to  those  boxes 
had  been  sold  during  the  d.ay?    A.  I  think  not. 

No  further  witnesses  for  the  dnfeuse  being  in  attend- 
ance, Jlr.  Doster  made  application  for  a  personal  ex- 
amination to  be  made  of  the  prisoner  Payne  by  Dr. 
Nichols,  Superintendent  of  the  Government  Institu- 
tion lorthelnsane,  forthepurposeoftestingthesanity 
of  the  prisoner.    The  application  was  granted. 

Mr.  Doster  also  requested  that  the  testimony  for  the 
defense  be  not  considered  as  closed  until  George 
Powell,  the  father  of  Payue,  and  other  witnesses,  who 
had  been  summoned  from  Florida,  who  would  testily 
in  respect  to  Payne's  antecedents  and  the  tendency  oa 
the  part  of  the  family  to  in;>uuity,  tiUould  be  present. 


132 


TRIAL   OF   THE    ASSASSINS   AT    WASHINGTON. 


Judge  Biniiham.  Then  are  we  to  regard  that  as  an  au- 
thentic stutenieut  that  the  prisoner's  name  is  Powell? 

Mr.  Doster.— I  liavo  stated  tlial  his  i'atlier's  name  is 
Powell,  and  1  take  it  for  Erantod  the  inli'rence  will  be 
drawn  that  that  is  the  name  ot'the  prisoner. 

Colonel  liuriiett  stated  tliat  a  reasonable  time  would 
beallowed  lor  tlie  defense  to  meet  the  now  evi(Jence 
introduced  by  the  tiovornment  to-day.  Further  thau 
tliat  he  hojied  there  would  be  no  postponement. 

The  President  of  the  Court  said  that  ample  time  had 
been  allowed  to  obtain  witnesses  for  the  defense,  and 
tliat  the  reiiuest  of  Mr.  Doster  would  not  be  granted. 

The  Court  then  adjoui'ned  until  Monday  at  10  o'clock 
A.M. 

The  Suppressed  Testi«nony. 

The  following  testimony  in  secret  session  of  the 
Court  has  been  obligingly  furnished  for  publication. 
That  of  Sanford  Conover  has  heretofore  been  surrepti- 
tiouslj'  printed  in  a  mutilated  form,  and  hence  the  ne- 
cessity of  now  iiublishing  it  entire.:— 

TestiniOMy  of  Kichard  Moiitg:omer.y. 

Richard  Montgomery,  a  witness  called  for  the  prose- 
cution, being  duly  sworn,  testified  as  follows:— 

By  the  Judge  Advocate.— (i.  Are  you  a  citizen  of 
New  York?    A.  Yes  sir. 

Q.  State  whether  or  not  yoa  visited  Canada  In  the 
summer  of  1SG4.    A.  I  did. 

Q.  How  long  did  you  remain  there?  A.  I  remained 
tliere,  going  back  and  forth,  over  since,  until  within 
about  a  week  and  a  half  or  two  weeks'  time. 

Q.  Did  you  or  not  know  in  Washington  City,  Jacob 
Thompson,  lormerly  Secretary  of  the  Interior,  and 
Clement  C,  Clay,  formerly  of  the  United  States  Senate? 
A.  I  did. 

Q.  Will  you  state  whether  you  met  those  persons  in 
Canada  and  wliere?  A.  I  met  them  in  Canada.  atXia- 
gara  Falls,  at  Toronto,  at  St.  Catharine's,  and  at  Mon- 
treal a  number  of  times,  and  very  frequently  since  the 
summer  of  1864  up  to  this  time. 

U.  Did  you  or  not  meet  George  N.  Sanders?  A.  I 
did. 

Q.  And  a  man  by  the  name  of  J.  P.  Holcomb?  A. 
Yes  sir,  Prolessor  Holcomb. 

Ci.  Can  you  name  any  other  Rebel  citizens 
of  the  United  States  in  Canada,  of  note,  that 
you  met?  A.  Yes  sir,  I  met  Beverly  Tucker, 
N.  C.  Cleary  (1  think  those  are  the  initials) 
and  a  great  many  others  under  fictitious  names;  there 
was  another  one  by  thenameof  Ilarriugton;  those  are 
the  ones  that  I  jjrincijially  had  communication  with;  I 
met  another  one  by  the  name  of  Clay,  not  Clement  C. 
Clay:  1  met  one  Ilicks  up  there  also. 

Ci.  Under  how  many  diflerent  names  did  Jacob 
Thompson  pass  in  Canada,  do  you  know?  A.  It  would 
be  impossible  lor  me  to  tell  you;  I  knew  him  under 
three  or  four,  and  others  knew  him  under  other  names; 
his  principal  name  wa.s  Carson. 

Q.  iJi>  you  know  under  what  name  Clement  C.  Clay 
passed?  A.  Yes  sir;  one  of  them  was  Hope;  another, 
T.  E.  Lacy;  I  have  forgotten  the  initials  of  his  name 
as  Hope:  T.  E.  Lacy  was  the  i)rincipal  one;  another 
one  was  Tracy. 

Q.  State  any  conversation  you  may  have  had  with 
Jacob  Thompson  in  Canada,  in  the  summer  of  ISfit,  in 
regard  to  putting  the  President  of  the  United  States 
out  of  the  way,  or  assassinating  him.  A.  Durmg  a 
conversation  in  1S(M.  Jacob  Thompson  said  to  me  that 
he  had  his  friends  (Confedcr.ates)  all  over  the  Northern 
States,  who  were  ready  and  willing  to  go  any  length 
for  tlie  good  of  the  cause  of  the  S(juth,  arid  he  could  at 
anytime  have  the  tyrant  Lincoln,  and  any  others  of 
his  advisers  tjiat  ho  chose,  put  out  of  his  way;  that  he 
would  but  have  to  point  out  the  man  that  he  consid- 
ered in  his  way  and  his  friends,  as  he  termed  them, 
would  put  him  out  of  it,  and  not  let  him  know  any- 
thing about  it  if  necessary;  and  that  they  would  not 
consider  it  a  crime  when  done  for  the  cause  of  the 
Confederacy. 

Q,  Did  you  or  not  see  Thompson  some  timo  in  the 
month  of  .lanuary,  18G5,  and  where  7  A.  That  was  in 
Canad.-i,  in  Montreal. 

Q.  Will  you  state  what  ho  then  said  to  you.  If  any- 
tliing,  in  regard  to  a  proposition  which  had  been 
made  to  him  to  rid  the  world  of  the  tyrant  Lincoln? 
A.  He  said  a  proposition  had  been  made  to  him  to  rid 
tho  world  of  the  tyrant  Lincoln,  Stanton,  Grant,  and 
some  others;  that  he  know  the  men  who  had  made  tho 
proposition  were  bold,  daring  men,  and  able  to  exe- 
cute anything  that  they  would  undertake  without 
regard  to  the  cost;  that  he,  himself,  w.-xs  in 
favor  of  Iheitroposition,  but  h.ad  determined  to  defer 
his  answer  until  he  liad  consulted  his  Government  at 
Richmond,  and  that  he  w.as  then  onlv  awaiting  their 
approval;  he  said  that  he  tliought  it  would  be  a  bless- 
ing to  the  people,  both  North  and  South,  to  have  those 
men  killed. 

Q,  This  was  in  January  ?    A.  That  was  in  January 
last. 
■»  Q,  What  time  in  the  month  was  it?   A.  It  was  about 


the  middleof  the  month;  I  saw  him  a  number  of  times; 
I  could  not  give  tlie  exact  day  ofthat  conversation. 

Q.  Was  it  about  that  lime  that  you  saw  Clement  C. 
Clay,  and  had  a  conversation  with  him?  A.  No  sir:  in 
tho  summer  of  1S04,  immediately  afierMr.  Thomi  son 
had  told  me  what  he  was  able  to  do,  1  reiicatcd  tlie  con- 
versation to  Mr.  Clay,  and  he  said  "  that  is  so;  we  are 
all  devoted  to  our  cause,  and  ready  to  go  any  length, 
to  do  anything  under  the  sun,"  was  his  e.xpresbiou,  I 
remember,  "  to  serve  their  cause." 

Q.  Look  at  those  prisoners  at  the  bar.  and  see  if  yoa 
recognize  any  of  them  as  having  been  seen  by  you  in 
Canada,  and  under  what  circumstances.  A.  I  have 
seen  that  one  without  his-coat,  there  Cpointing  to  Lewis 
Payne,  one  of  the  accused);  I  don't  know  his  name. 

Q.  Will  you  state  when,  and  under  what  circum- 
stances you  saw  him?  A.  I  have  seen  him  a  number 
of  times  in  Canada;  I  saw  him  aliout  the  Fails  in  the 
summer  of  ]B(J4,  and  I  saw  him  again,  I  guess  it  was 
the  last  time  and  had  some  words  with  him,  at  the 
Queen's  Hou-1,  at  Torc>nto  City,  Canada  West. 

Q.  State  all  that  occurred  at  that  time.  A.  I  had 
had  an  interview  of  some  time  with  Mr.  Thompson; 
several  others  had  sought  an  interview  while  I  was 
closeted  with  him,  and  had  been  refused  admittance; 
alter  I  vv;ss  through  with  Mr.  Thompson,  and  in 
leaving  the  room,  I  saw  this  man,  Payne,  in  the  pas- 
sage way,  near  his  door;  Mr.  Clement  C.  Clay,  Jr., 
was  talking  with  him  at  the  time;  Mr.  Clay 
stopped  me  and  held  my  hands,  finishing  a  conversa* 
tion  in  an  undertone  with  this  man,  and  w'hen  he  left 
me  for  a  moment  he  said  "wait  lor  me,  1  will  return;" 
he  then  went  and  spoke  to  some  other  gentlemen  who 
were  entering  Mr.  Thompson's  door,  and  be  came 
back  and  bid  me  good-bye,  asking  me  where  he  could 
see  me  in  half  an  hour,  and  1  told  him,  and  made  an 
appointment  to  meet  Mr.  Clay;  while  Mr.  Clay  was 
away  from  me  I  spoke  to  this  man,  and  asked  bim 
who  he  was;  I  commenced  talking  about  some  of  the 
topics  that  were  the  usual  topics  of  conversation 
among  the  men  there,  and  he  rather  hesitated  tellina 
who  he  was;  he  (Payne)  .=aid,  '■Oh.  I  am  a  Canadian,'' 
giving  me  to  understand  that  I  was  not  to  ask  any 
more. 

Q.  Did  you  not  ask  Thompson  or  Clay  who  he  was? 
A.  Yes  sir,  I  made  some  mention  in  regard  to  this 
man  to  Mr.  Clay, in  the  interview  I  had  with  him  about 
half  an  hour  alter  I  saw  him  standing  in  the  vassage- 
w-ay,  and  he  said.  "What  did  he  say?"  said  I,  "He  said 
he  was  a  Canadian;"  and  he  said,  "That  is  so,  he  is  a 
Canadian,"  and  laughed. 

Q.  Did  he  say  he  was  one  of  their  friends,  or  make 
any  remark  of  that  sort?    A.  Hesaid,  "We  trust  him." 

Q.  What  was  the  iilea  conveyed  by  the  term  "Canar 
dian"  with  his  lau'_'li?  A.  That  was  a  very  common 
expression  among  the  friends  of  theirs  ihat  were  in  the 
habit  of  visiting  tue  States,  and  gave  me  to  understand 
that  I  was  not  to  asu  any  more  questions;  that  theij 
intercourse  was  oi  a  very  confidential  nature,  and  that 
their  business  was  of  a  very  confidential  nature. 

Q.  Have  you  been  to  Canada  since  the  a,ssassination 
of  tho  President?    A.  Yes  sir. 

Q.  State  whether  you  met  any  of  these  men  of  whom 
you  have  spoken  on  your  return  to  Canada,  and  if  so, 
what  conversation  you  had  with  them  there  in  regard 
to  the  assassination  of  the  President?  A.  1  met  Bevei> 
ly  Tucker,  a  very,'i'ew  d;iys  alter  the  assassination, 
three  or  four  or  live  times? 

Q.  Where?    A.  At  Montreal. 

(J.  What  conversation  had  you?  A.  Hesaid  a  great 
deal  in  conversation  about  the  wrongs  that  the  South 
had  received  from  the  hands  of  Mr.  Lincoln,  and  that 
he  deserved  his  death  long  ago;  that  it  was  a  pity  that 
he  did  not  have  it  long  ago,  and  that  it  was  too  bad  the 
boys  had  not  been  allowed  to  act  as  they  wanted  to. 

U.  Do  you  mean  by  the  boys  tho  men  who  were  to 
assassinate  him?  A.  Yes  sir,  the  Confederate  soldiera 
who  were  up  there,  who  had  been  engaged  in  thei» 
raids;  they  used  theexpresssion  "their  boys"  in  regard 
to  their  soldiers  and  the  men  in  their  employ;  it  is 
common  among  them. 

Q.  Did  you  meet  wvith  Booth  there?  A.  No  sir,  I 
never  saw  Mr.  Booth  in  Canada. 

Q.  Did  any  of  those  men  of  whom  you  have  spoken 
say  that  Booth  was  one  of  the  men  referred  to  by 
Jacob  Thompson  who  w.as  willing  to  assassinate  the 
I'resident?  A.  Yes  sir;  W.  H.  Cleary  told  me;  I  re- 
lated to  him  the  conversation  I  had  had,  or  a  portion 
of  it,  with  Mr.  Thompson  in  January,  and  he  said  that 
Booth  was  one  of  the  jwrties  to  whom  Thompson  had 
reference. 

Q.  Did  he  say  in  that  connection  anything  further  in 
regard  to  him?  A.  No  sir:  hesaid  in  regard  totheas- 
sasiuation  that  it  was  too  bad  that  the  wholework  had 
not  been  done. 

Q.  What  did  you  understand  by  that  expression,  "the 
whole  work?"  A.  1  inferred  that  they  intended  to  as- 
sassinate a  greater  number  thau  they  succeeded  in 
trying  to. 

Q.  Do  you  know  what  relation  this  man  Cleary  sus- 
tained to  Thompson  ?  A.  Mr.  Holcomb  told  me  I 
would  find  Mr.  Cleary  to  be  the  confidential,  a  sort  ot 
secretary  to  Blr.  Thompson;  Mr.  Thompson  told  me  he 
was  posted  upon  all  of  his  affairs,  and  that  if  I  sought 
him  at  any  time  that  he  might  be  away  I  could  state 
my  business  to  Mr.  Cleaj-y,  and  it  would  be  aU  tjie 


TRIAL   OF   THE   ASSASSINS    AT  WASHINGTON. 


133 


Bame;  that  I  could  bave  perfect  confidence  in  bim,  that 
he  was  a  very  close-mouthed  man. 

Q.  Did  Cleary  make  any  remork  when  speakins;  of 
his  regret  tUat  the  whole  work  had  not  been  done; 
was  aiiy  threat  made  to  the  eOect  that  it  would  be  yet 
done?  A.  Yes  sir;  he  said  they  had  belter  look  nut; 
we  are  not  dune  yet,  and  remarked  that  they  never 
would  Rive  up. 

Q.  What  statement  did  Cleary  make  to  you,  if  any, 
tn  regard  to  Booth's  having  visited  Thompson?  A.  lie 
said  that  he  hiid  been  there  twice  in  the  winter;  that 
he  thought  the  last  time  was  in  December;  he  had  also 
been  there  in  the  summer;  he  said  he  had  been 
there  before  December;  he  thought  that  that  was  the 
last  time. 

Q.  On  your  return  to  Canada  did  you  learn  from 
these  parties  tliat  they  supposed  themselves  to  be  sus- 
pected of  the  assassination,  and  were  they  taking  any 
Steps  to  conceal  the  evidence  of  their  guilt?  A.  Oh  yes 
sir;  they  knew  a  verj-  few  days  alter  the  assassination 
that  they  were  suspected  of  it;  Tucker  and  Cleary  both 
said  they  were  destroying  their  papers. 

Q.  Have  you  stated  what  Tucker  said  to  you  when 
you  had  an  interview  with  liim  a.ter  you  returned? 
A.  ne  said  it  was  too  bad  that  they  had  not  been  al- 
lowed to  act  when  they  wanted  to. 

Q.  (Submittingto  witness  apapercontainingasecret 
cipher.)  Will  you  look  at  this  and  state  if  you  are  fa- 
miliar with  the  cipher  used  by  the  Confederate  au- 
thorities? A.  I  am  familiar  with  two  of  them;  the 
paper  containing  the  cjplier  was  here  "oflered  in  evi- 
dence. 

Q.  Do  you  recognize  that  as  one  of  the  ciphers  in 
use  among  the  Confederates?    A.  Yes  sir. 

Q.  During  your  stay  in  Canada,  were  you  or  not  in 
the  service  of  tlie  Government  and  seeking  to  acquire 
lor  its  use  information  in  regard  to  the  plans  and  nur- 
pose  of  the  Rebels,  who  were  known  to  be  assembled 
there?   A.  I  was. 

Q.  To  ei-able  you  to  do  this,  did  you  or  not  deem  it 
proper  and  necessary  that  you  should  assume  a  dil- 
ferent  name  from  your  real  name,  and  that  under 
which  you  now  appear  before  this  court?  A.  Y'es  sir, 
I  did. 

Q.  What  did  you  learn  they  were  doing,  if  anything? 
A.  They  were  destroying  a  great  many  papers:  they 
also  knew  that  they  were  gomgtobe  indicted  in  Ca- 
nada for  violation  of  the  neutrality  laws  a  number  of 
days  before  the.v  were  indicted. 

Q.  How  did  you  learn  they  were  destroying  papers 
tfbout  that  time?    A.  They  told  me. 

Q.  Wliich  one  of  them?  A.  Each  of  them  made 
mention  of  that. 

Q.  What  name  did  you  assume  in  your  intercourse 
With  them?  A.  I  assumed  as  my  proper  nam.e  James 
Thompson,  and  then  leading  them  to  suppose  that 
that  was  my  right  name,  and  that  I  wished  to  conceal 
it  tliere,  so  as  not  to  be  identified  by  the  Federal  spies; 
I  adopted  other  names  at  any  hotel  I  might  be  slop- 
ping; I  never  registered  Thompson  on  the  book;  lied 
them  to  suppose  that  I  wished  to  conceal  that  name, 
tut  James  Thompson  was  the  name  that  they  had 
supposed  was  my  proper  name. 

Q.  Your  whole  object  in  all  this  was  simply  to  ascer- 
ftiia  their  plans  against  the  Government  of  the  United 
States?    A.  Yes  sir;  that  was  my  whole  object. 

Q.  Will  you  state  how  you  became  acquainted  with 
this  cipher  whicli  has  just  been  shown  you?  A.  Isavv 
that  cipher  in  Wr.  Clay's  house,  the  private  house  in 
\Khich  he  was  stopping  in  St.  Catharine's. 

Q.  When  was  that?  A.  That  was  in  the  summer  of 
1864. 

Q.  Have  you  not  also  been  the  bearer  of  despatches 
fbr  these  persons?  A.  Yes  sir;  I  was  intrusted  with 
despatches  to  carry  from  Canada  to  Richmond. 

Q.  Did  yon  carry  them  ?  A.  I  carried  some  to  Gor- 
donsville  with  instructions  that  I  was  to  send  them 
from  there. 

Q.  Did  you  receive  despatches  in  reply?  A.  Once  I 
(Ed. 

Q.  Were  they  carried  hack?  A.  Yes  sir,  they  were 
carried  back. 

Q.  Did  you  come  through  Washington;  did  you  make 
them  known  to  the  Government?  A.  Yes  sir:  each 
time  I  delivered  the  despatches,  always  to  the  Go- 
vernment of  the  United  States:  I  passed  nothing  that 
I  took,  except  by  their  permission 

Q.  From  whom  were  the  despatches  received  at  Gor- 
(Jonsville  received?  A.  A  gentleman  who  represented 
himself  tome  as  being  in  tlieir  State  Department, 
and  sent  with  the  answer   by  their  Secretary  of  State. 

Q.  And  you  boretbe  despatches  to  whom;  toTliomp- 
son  or  Clay?    A.  I  bore  it  back  to  Mr.  Thompson. 

Q.  All  of  these  men,  Thompson,  Clay  and  Cleary, 
represented  themselves  as  being  in  the  service  of  the 
Confederate  Government?    A.  Yes  sir. 

Q.  When  wa.s  it  that  you  received  that  despatch  at 
GordonsviUe?  A.  It  was  in  the  fall,  I  believe;  it  was  in 
October. 

Q.  Did  you  ever  hear  the  subject  of  these  raids  from 
Canada  upon  our  frontier,  and  of  the  burning  of  our 
cities  spoken  of  among  these  conspirators?  A.  Yes  sir, 
many  times. 

Q.  By  Thompson,  Clay,  Cleary,  Tucker,  Sanders,  and 
those  men?    A.  Y'es  sir;  I  know  that  Mr,  Clay  was  one 


of  the  prime  movers  in  the  matter  before  the  raids  were 
started. 

Q.  You  understood  in  your  conversations  with  them 
tliat  all  these  men  fully  ai)proved  of  these  enterprises? 
A.  Yes  sir,  they  received  the  direct  indorsement  of 
Mr.  Clement  C.  Clay,  Jr.;  he  represented  himself  to  me 
as  being  a  sort  of  representative  of  the  War  Depart- 
ment. 

U.  Do  you  not  consider  that  you  enjoyed  fully  the 
confidence  of  those  men.  so  that  tliey  freely  communi- 
cated to  you?  A.  I  do;  I  do  not  tliink  they  would  liava 
intrusted  those  despatches  to  me  unless  they  had  the 
fullest  confidence  in  me. 

Q.  Did  tliey  or  not,  at  all  times  represent  themselves 
as  acting  under  the  sanction  of  their  Government  at 
Richmond?  A.  They  represented  themselves  as  hav- 
mg  full  power  to  act  without  reference  to  them:  they  re- 
peatedly told  me,  both  Mr.  Clay  ana  Thompson,  that 
thev  had  full  power  lo  act  by  their  Government  in 
anything  they  deemed  expedient,  and  for  the  benefit 
of  "their  cause. 

Q.  Were  you  in  Canada  at  the  time  the  attempt  was 
made  to  lire  the  city  of  Kew  York?    A.  Yes  sir. 

Q.  Was  that  the  subject  ot  much  conversation 
among  these  people?  A.  I  left  Canada  with  the  news 
two  days  belore  the  attempt  was  made  lo  bring  it  to 
the  Department  at  Washington. 

Ci.  That  such  a  project  was  contemplated?  A.  Yea 
sir. 

CJ.  You  knew  that  it  originated  there  and  had  tha 
full  sanction  of  these  men?    A.  Yes  sir. 

Q.  Do  you  mean  to  say  the  same  in  regard  to  the  St. 
Albans  "raid?  A.  Yes  sir:  I  did  nut  know  the  point 
where  that  raid  was  to  be  made,  but  I  told  the  Govern- 
ment at  Washington  that  they  were  about  to  set  ou» 
on  a  raid  of  that  kind  before  the  St.  Albivns  raid:  I 
also  told  them  of  the  intended  raid  upon  Buffalo  and 
Rochester,  and  by  that  means  prevented  those  raids. 

Q.  Captain  Beale,  who  was  subsetiuenlly  Iiauged  at 
New  York  was  known  tliere  as  leading  in  this  enter- 
prise, was  he  not  ?  A.  I  did  not  know  him  by  that 
name. 

Q,  W^as  he  .spoken  of  among  those  men  ?  A.I  ne'ver 
heard  him  spoken  of;  they  were  in  the  iiabit  of  using 
their  fictitious  name  in  conversation  with  eacli  other. 

Q.  You  say  that  you  do  not  know  anything  about 
Beale?  A.  No  sir;  I  knew  that  the  object  of  his  mission 
was  contemplated;  I  did  not  know  who  were  to  be  the 
immediate  executors  of  the  plot;  I  knew  of  the  plan  at 
the  time,  and  reported  it. 

Q.  Did  you  hear  thesubject  of  the  funds  by  which  all 
these  enterprises  were  carried  on  spoken  of  among 
these  conspirators  as  lo  who  had  the  funds,  or  the 
amount  they  had.  or  anything  of  that  sort?  A.  Y'es 
sir:  in  regard  to  the  raiding  Mr.  Clay  liad  funds. 

Q.  Did  you  ever  hear  the  probable  amount  spoken  of 
bv  any  of  them?  A.  No  sir;  he  represented  to  me  that 
h'e  always  had  plenty  of  money  lo  pay  for  anything 
that  was  worth  paying  for;  he  told  me  he  had  money. 

Q.  Do  you  know"inwhat  bank  in  Montreal  these  Re- 
bels keep  their  account  and  funds?  A.  No  sir,  I  do 
not. 

Q.  Y'ou  know  that  there  was  a  Banit  of  Ontario  in 
Montreal?  A.  Yes  sir;  I  know  that  tliere  is  such  a 
banlj;  I  know  that  they  deposited  in  several  dill'erent 
banks:  they  transacted  agooddeal  of  business,  in  what 
I  think  is  called  the  Niagara  District  Bank:  it  is  almost 
opposite  where  Mr.  Clay's  residence  was  in  St.  Cathe- 
rine's; during  the  summer  they  transacted  a  great 
deal  of  business  at  that  bank. 

Q.  What  seemed  to  be  George  N.  Sanders'  position 
there  if  lie  had  a  defined  position?  A.  Mr.  Clay  told 
me  that  I  had  better  not  tell  him  tlie  things  that  I  was 
bent uuon  nor  the  things  that  they  Intrusted  tome; 
that  he  was  a  very  good  man  to  do  their  dirty  work; 
that  is  just  what  Sir.  Clay  told  me. 

Q.  He  was  then  doing  their  work,  but  it  was  dirty 
work?  A.  Mr.  Clay  said  he  associated  with  men  that 
they  could  not  associate  with;  that  ho  was  very  useful 
in  that  way;  a  very  useful  man  to  them  indeed. 

Cross-examined  by  Mr.  Aiken.— Q.  Where  are  yea 
from?    A.  New  Y'orK  city  originally. 

Q.  What  time  in  the  year  was  it  that  you  said  Mr, 
Thompson  told  you  a  proposition  had  been  made  to 
him?    A.  In  the  early  part  of  the  year. 

Q.  In  January?    A.  In  January. 

Q.  You  stated,  I  think,  that  immediately  after  that 
you  saw  Mr.  Clav?    a.  No  sir,  I  did  not. 

Q.  When  did  "you  see  Mr.  Clay?  A.  Immediately 
after  the  conversation  in  the  summer. 

Q.  The  summer  of  lS6-i?  A.  Yes  sir,  in  which  he 
spoke  ot  "Thompson  "  being  able  lo  put  the  President 
out  of  the  way  whenever  he  was  ready. 

Q.  Did  you  ever  hear  anything  in  Canada  ot  Mr. 
Surratt  as  being  connected  with  the  plot?  A,  I  did 
not. 

y.  Did  you  receive  any  pay  from  the  Confederate 
Government  for  going  to  Gordonsviilewitli  despatches? 
A.  I  received  for  the  services,  to  defray  railroad  ex- 
penses, the  equivalent  of  one  hundred  and  filty  dollars 
in  greenbacks;  it  was  not  one  hundred  and  fifty  dollars 
in  greenbacks;  it  was,  I  have  forgotten  the  amount,  in 
Canada  money;  gold  was  about  2»'i0  at  the  time;  I  have 
forgotten  what  it  was;  I  received  that  and  reported  the 
factof  having  received  it  to  the  War  Department  at 


134 


TRIAL   OF   THE   ASSASSIXS   AT  WASHIXGTOX, 


Washington,  and  applied  it  on  my  expense  account  as 
bavins  been  received  irom  the  Government. 

Q.  On  your  return  with  the  Oordoiisvillo despatches 
forthe  Rebels  in  Canada  did  you  leave  a  copy  of  lliose 
despatches  here?  A.  1  handed  the  original  despatclies 
over  to  tlie  aiithorilies,  and  those  or  tliem  tliat  they 
selected  to  go  ahead  X  carried  on,  and  those  they  did 
not  they  retained. 

By  the  Court.— Q.  I  want  to  ask  an  explanation  of 
an  answer  vuu  made.  I  understood  you  in  your  testi- 
mony tos:iythat  alter  Ihe  assassination  of  thePi-esi- 
dent"  some  of  those  who  had  been  engaged  in  it  had 
returned  to  Canada,  and  jou said  tliey  expressed  re- 
gret that  Ihcy  had  not  been  allowed loproceedearlier? 
A.  You  misunderstood  me;  I  did  not  saythatanyof 
those  who  had  been  engaged  iu  tlie  attempt  at  assassi- 
nation or  in  tlie  assassination  had  returned  to  Canada. 

Q.  Buttliose  whoiiirected  it  from  Canada  e.tprcssed 
regret  that  thev  had  not  been  allowed  to  proceed 
sooner?  A.  One  of  the  parties,  the  one  who  reiire- 
eented  himself  as  being  a  commercial  agent,  Mr.  Bev- 
erly Tucker.saidtiiat  It  wasapity  that  the  buys  had 
not  been  allowed  to  act  when  tliey  first  wanted  to. 

Q.  Did  you  understand  why  they  were  prevented  in 
not  proceeding  sooner?  A.  I  did  not;  I  inferred, 
thouch,  from  what  I  had  heard  from  Mr.  Thompson 
before,  that  he  had  detained  them  in  order  that  he 
might  choose  a  fitting  opporinniiy. 

Q.  Your  impression  was  thattiiey  were  detained  up 
to  thattime  by  Mr.  Jacob  Thompson?  A.  X  inierred 
so  because  wlien  bespoke  of  the  matter  to  me  in  his 
conversation  ot  January.  l^Go,  he  said  he  was  in  lavor 
oftheproposition  that  hart  been  made  to  himto  put  the 
President,  Mr.  Stanton,  General  Grant,  and  others  out 
of  the  way,  but  had  deferred  giving  his  answer  until 
he  had  consulted  his  Government  at  Kichmond,  and 
was  then  only  waiting  their  approval. 

Q.  Did  you  understand  that  he  had  received  the  an- 
swer, and  given  the  direction  following  that?  A.  I 
never  understood  so;  I  never  asked  tbe  question  or  re- 
ceived that  repl.v. 

Q.  What  was  your  impression?  A.  My  impression 
was  that  be  had  received  tue  answer;  I  inferred  that 
be  had  received  that  approval,  and  thatihe.v  had  been 
detained  waiting  for  that,  from  what  Beverly  Tucker 
said. 

Q.  I  understood  you  to  mention  the  name  of  Prof. 
Holcomb  in  connection  with  that  of  .Sanders,  Clay, 
and  others.  I  would  like  to  know  how  far  you  can 
Identify  liim  in  these  movements,  plans,  and  opera- 
tions of  these  men?  A.  X  made  a  proposition  to  Mr. 
Clay  to  carry  despatches  for  them,  and  to  do  their 
work,  as  a  means  of  getting  into  their  confidence. 
And  Mr.  Cleaiy  told  me  before  Mr.  Holcomb  that  he 
had  authority  to  sign  his  (Clays)  name  bv  power  of 
attorney,  and  his  own.  both  of  them  being  representa- 
tives of  the  Confederate  S-tates  Governm.ent,  as  thev 
called  it. 

Testimony  of  James  B.  Mcrritt. 

James  E.  Merritt,  a  witness  called  for  the  prosecu- 
tion, being  duly  sworn,  testified  as  follows:— 

By  the  J  udge  Advocate.— Q.  Of  what  State  are  you  a 
native?  X  do  not  know  whether  I  am  a  native  of  Kew 
York  or  Canada,  but  have  always  hailed  from  Kew 
York. 

Q.  What  is  your  profession?    A.  Physician. 

Q.  Have  you  been  residing  or  not  for  some  time  in 
Canada  and  if  so,  in  what  part  of  Canada?  A.  X  have 
been  in  Canada  about  a  jear  or  nearly  a  year,  part  of 
thetimeat  Windsor,  part  of  the  time  at  Korth  Dum- 
fries, Waterloo  county. 

Q.  Were  you  or  not  in  the  month  of  October  or  No- 
vember la.st  iu  Toronto,  Canada  ?    A.  I  was. 

Q.  Stale  whether  you  met  there  a  man  by  the  name 
Of  Young.    A.  1  met  George  Young  there, 

Q.  Did  Young  profess  to  be  from  Kentucky?  A.  I 
believe  that  he  did;  X  bel  ieve  he  was  formerly  of  Mor- 
gan's command.  Iventucky. 

Q.  Did  .vou  meet  a  man  named  Ford,  also  of  Ken- 
tucky, a  deserter  ?    A.  Yes  sir. 

Q.  Did  you  meet  a  man  named  Graves,  from  Louis- 
ville ?    A.  Yes  sir. 

Q.  Did  you  have  any  conversation  with  Young  in  re- 
gard to  public  alTairs  of  that  time?    A.  Yes  sir,  some. 

Q.  Will  you  state  what  he  said  to  you,  if  anything,  in 
regard  to  some  very  important  matters  beiiiK  on  the 
tapis  in  the  iuterest  of  the  XSebellion?  A.  He  asked 
me  if  I  had  seen  Colonel  Steele  before  I  left  Windsor. 

U.  Who  was  Colonel  Steele?  A.  Colonel  Steele,  X  be- 
lieve, is  a  Keutuckian;  what  his  given  name  is  X  do  not 
know. 

Q.  Was  he  a  Rebel,  In  the  Rebel  service?  A.He  had 
been,  as  I  understood,  a  Rebel,  in  the  service. 

Q.  Proceed  with  what  Young  told  you?  A.  He  asked 
me  if  Colonel  Steele  had  said  anything  to  mo  in  rela- 
tion to  the  X'residential  election.  X  told  him  that  lie 
had  not.  Then  he  .said  we  have  something  on  the 
tapis  of  much  more  importance  than  any  raid  that  we 
have  made  or  can  make,  or  something  of  that  char- 

Q.  bid  he  proceed  to  state  what  it  was?  A.  I  asked 
him  what  it  was;  he  said  it  was  determined  that  "old 
Abe"  should  never  be  inaugurated;  if  X  understood 
right  that  was  liis  expression;  X  a-sked  him  how  lie 
knew;  he  said  he  knew  that  he  would  not  be  inaugura- 


ted; they  had  plenty  of  friends,  I  think  he  said  in  Wash- 
ington, and  he  spoke  in  relation  to  Mr.  Lincoln,  and 

used  some  ungentlemanly  words;  called  him  a old 

tj-rant.  or  something  like  that. 

Q.  That  was  Young?    A.  Yes  sir, 

Q.  Did  you  afterwards  see  Steele  and  Sanders  toge- 
ther?   A.  Yes  sir. 

Q.  You  mean  Geo.  IST.  Sanders?  A.  I  do;  I  was  in- 
troduced to  Geo.  N.  Sanders  by  Colonel  .Steele. 

Q.  Will  you  Slate  what,  if  anything,  was  said  in  re- 
lation to  the  same  matter  by  eitiier  oi  tliemonthat 
occasion?  A,  X  asked  Colonel  Steele  what  was  going 
to  be  done,  or  how  he  liked  the  prospects  of  the  I'resl- 
dential  election;  Coionel  Steele's  expression  was, '  the 

old  tyrant  never  will  serve  another  term  if  he  is 

elected:"   Mr.  Sanders  said  • 'he  would  have  to  keep 
himself  very  close  it  he  did  serve  another  term." 

Q.  Did  Sunders  say  that  at  the  sume  time  tl.at  Steele 

said  the old  tyrant  never  should  serve  another 

term?    A.  Yes  sir. 

Q.  Were  you  afterwards  in  Montreal,  in  the  month 
of  X>hruary  last?    A.  X  was. 

Q.  Did  you  ornot  hear  among  fheRebels  there  the  sub- 
ject 01  tiiC  assassination  of  the  President  ireeiy  spoken 
01?    A.  "i'es  sir. 

Q.  Did  you  or  not  hear  mentioned  the  names  of  per- 
sons who  were  williugtoassa.ssinate  him?  A.  I  heard 
Mr.  .Sanders  name  over  a  number  of  persons  that  were 
ready  and  willing,  as  he  said,  lo  engage  in  the  under- 
taking to  relieve  the  President,  Vice  President,  Cabinet 
and  some  ofthe  leadingGenerals. 

Q.  What,  if  anything,  did  George  N.  Sanders  say  In 
relation  to  their  having  plenty  of  money  to  accom- 
plish these  assassinations?  A.  Mr.  Sanders  said  that 
there  was  any  amount  of  money  to  accomplish  the 
purpose;  I  think  that  was  the  expression  u  ed. 

Cl.  That  was  the  assassination?  A.  Yes  .sir;  he  read 
a  letter  which  he  said  he  had  received  irom  the  Pro- 
sident  ofthe  Confederate.States. 

Q.  Jleaning  Jeff.  Davis?    A.  Yes  sir,  which  letter- 
justified  him  in  making  any  arrangements   that   he 
could  to  accomplish  the  object. 

Q.  Was  there  not  a  meeting  of  those  Rebels  at  that 
time  in  Montreal,  where  Sanders  was,  and  where  you 
were  also?    A.  Yes  sir. 

Q.  Was  it  at  this  meeting  that  Sanders  read  this 
letter  from  Jeff.  Davis?    A.  "V'es  sir. 

Q.  Will  youstate  some  of  the  language  of  that  letter, 
the  strong  language  which  he  used,  ii  the  tvrannyof 
Mr.  Lincoln  was  submitted  to  ?  A.  X  do  not  know  that 
I  can  use  the  exact  language. 

Q.  The  substance  of  it?  A.  The  letter  was  in  sub- 
stance, that  if  the  people  in  Canada  and  the  Southern- 
ers in  the  .State,  were  willing  to  submit  to  be  governed 
by  such  a  tyrant  as  Lincoln,  he  did  not  wish  to  recog- 
nize them  as  friends  or  associates,  or  someliiing  like 
that. 

Q.  And  you  say  that  in  that  letter  he  expressed  hi3 
approbation  of  whatever  measures  they  might  take  to 
accomplish  this  object?  A.  Yes  sir. 

Q.  Was  that  letter  read  openly  in  this  meeting  by 
Sanders?    A.  Yes  sir. 

U.  After  it  was  read  was  it  or  not  handed  to  mem- 
bers of  the  meeting  and  read  bv  them,  one  alter  an- 
other? A.  Col.  Steelereadit,  X  tiiink;  capt.  Scott  read 
it.  and  Young  and  Hill. 

O.  These  were  all  known  as  Rebels,  were  they  not? 
A.  I  believe  they  were. 

Q.  Did  they  or  not  all  acquiesce,  after  read- 
ing it,  in  the  correctness  with  which  Sanders  had  read 
it  openly  to  the  meeting?  A.  There  was  no  remark 
made  as  to  any  misstatement  of  the  letter  by  Sanders, 

Ci.  As  far  as  you  could  judge  did  it  seem  to  be  since 
that  meeting  that  it  was  proper  to  have  this  object 
accomplished?  A.  I  did  not  hear  any  objection 
raised. 

Q.  You  said  that  was  In  the  month  of  February;  can 
yousay  at  whattimeof  the  month  that  meeting  was 
held?  A.  I  should  think  it  was  somewhere  about  tho 
middle  of  I'ebruary. 

Q.  By  whom  were  yon  In'vlted  to  attend  the  meeting? 
A.  Captain  Scott  invited  mo  to  attend  the  meeting. 

Q.  Was  it  on  that  occasion  or  on  some  other  that 
Sanders  named  over  the  persons  who  were  waiting  to 
accomplish  this  assassination.    A.  At  that  lime. 

Q.  Win  you  state  whether  among  the  persons  thus 
named  John  Wilkes  Booth  was  mentioned?  A.  Booth's 
name  was  mentioned;  X  do  not  remember  that  the 
John  Wilkes  was  added  to  it. 

Q.  Did  you  see  Booth  yourself  in  Canada?  A.  Not 
then;  X  .saw  l^.ooth  in  October,  isiH. 

Q.  Can  you  recall  now  other  names  that  were  men- 
tioned besides  Booth's?  A.  Yes  sir;  George  Harper 
was  one,  Cliarks  Caldwell,  one  Randall  and  Harrison. 

Q.  Did  you  hear  that  person.  Xlarrison,  spoken  of  by 
any  other  name  7  Did  you  hear  the  name  Surratt 
mentioned?    A.  X  heard  .surratt's  name  mentioned. 

Q.  Do  you  know  whether  it  was  the  same  person  or 
not  ?    A.  X  do  not  think  It  waf 

Q.  His  name  is  John  Harrison  Surratt.  A.  Surratt's 
name  was  mentioned. 

Q.  Did  you  see  the  prisoner,  Harold,  in  Canada,  at 
that  time?  A.  X  say  X  saw  Harold;  X  saw  the  one  who 
was  called  Harrison,  in  Toronto. 

Q  Would  you  recognize  him?  look  at  these  prisoners, 
and  see  if  yoa  recognize  him.    A.  After  lookmg  at  the 


TRIAL   OP   THE   ASSASSINS  AT  WASIIINGTOX. 


135 


prisoners.  T  should  think  that  thinl  one  on  the  bench 
there  was  the  man  (pointing  to  Harold  ). 

Q.  He  was  spoken  o!  a??  onpwho  was  ready  to  accom- 
p'lsh  assas'.sination?  A.  I  understood  Jfr.  .Sanders  to 
saj' lie  was  ready  to  accomplish  it.  or  as-;ist  in  it;  his 
narne  was  nieniioned  in  connection  with  others,  by 
others;  ho  went  thereby  tlie  name  of  Harrison. 

Q.  Look  at  the  remainder  of  the  prisoners  and  see  if 
you  recogni;;e  any  of  tliem.  Po  .vou  remember  havinp; 
Keentlie  i^risoner  Payne  in  Cariad  ?  A.  I  do  not ;  I 
sliould  not  recognize  as  ever  having  met  in  Canada 
any  except  TT  -rold. 

Q.  Did  i  understand  you  to  s  ly  that  in  the  conversa- 
tion oecnrrins  between  these  Rebels  and  their  friends 
there  was  no  reserve  at  all  in  disciiS'^ing  the  question 
of  the  assassination  of  the  President  and~his  I'abinet? 
A.  I  do  not  tliink  yon  understood  me  correctly  if  you 
understood  me  tliat  there  was  no  reserve;  there  was 
not  a  great  amount  of  reserve. 

Q.  Tt  was  discussed  freely  among  themselves,  then? 
A.  Yes  sir. 

Q.  AmoDcr  the  persons  named  was  there  not  one 
who  hoie  the  nick-name,  probably  it  was  "PKig  To- 
bacco" or  "Port  Tobacco?"  A.  "Phitt  Tobacco."  I 
never  saw  him  that  I  know  of,  but  I  Iieard  the  name. 

Q.  Was  lie  in  this  I'st  that  Sanders  spoke  ol?  A  I 
am  not  iiositive  whether  Sanders  used  his  nameornot, 
but  I  think  he  did. 

Q.Doyou  remember  that  Sanders.In  speaking  of  Booth 
as  one  who  was  wil  ling  to  assassinate  the  Presidentand 
Cabinet,  mentioned  asamong  there,ason=;  forit  he  was 
related  toBcale.whohad  been  recently  hanged  in  New 
York?  A.  He  said  that  Booth  was  "heart  and  soul  in 
this  matter,  and  felt  as  much  as  any  person  could  feel. 
for  the  reason  that  he  was  a  cousinto  Beale,  who  was 
hung  in  New  York;  whether  he  was  a  cousin  or  not,  I 
do  not  know. 

Q.  What  did  he  say,  if  anything,  in  regard  to  the 
assassination  of  the  Vice  President,  now  President,  of 
the  United  States?  A.  He  said  that  if  they  could  dis- 
pose of  Mr.  Lincoln  it  would  be  an  easy  matter  to  dis- 
pose of  ivtr.  Johnson,  as  he  was  such  a  drunken  sot  it 
would  bean  easy  niatter  to  dispose  of  him  ia  some  of 
his  drunken  revelries. 

Q.  IJid  ho  say  anything  in  regard  to  Mr.  Seward,  the 
Secre'ary  of  State?  A.  When  he  read  the  letter  he 
Bpoke  of  Mr.  Seward,  and  I  inferred  that  that  was  par- 
tially the  language  of  the  letter;  I  tliink  it  was  that 
if  these  parties,  the  President,  the  Vice  President  and 
Cabinet,  or  Mr.  Seward,  could  be  disposed  ot  it  would 
satisfy  the  people  of  the  North  that  they  (theSouth- 
erners)  had  fi  lends  i n  the  North,  and  that  a  jieace  could 
be  obtained  on  better  terms  tlian  it  could  otherwise-be 
obtained;  that  thev,  tlie  Piebels.  would  endeavor  to 
bring  about  a  war  between  the  Vnited  States  and  Eng- 
land, and  iliat  Mr.  Seward,  through  liis  energy  and 
sagacity,  liad  thwarted  all  their  ellbrts. 

Q.  That  was  suggested  as  one  of  the  reasons  for 
getting  rid  of  him?  A.  Yes  sir;  for  removing  him. 

Q.  At  a  liter  period,  say  early  in  April, did  youmeet 
an.v  of  these  jiarties?  A.  Yes  sir. 

<j.  State  who  they  were  and  what  conversation  oc- 
curred between  .vou  and  them.  A.  I  was  in  Torontoon 
Wi'fliif'sday  and  Tliursday.tlieotli  and  (;tli  of  Ap.  il  last, 
and  in  tlie  evening  of  Wednesday  I  was  on  mv  way 
going  to  tlie  theatre  when  ImetllaVperand  Ford:  they 
asked  me  to  go  with  them  and  spend  the  evening,  and 
I  declined,  as  I  was  going  to  the  theatre:  the  next  morn- 
ing I  was  around  by  the  Queen's  Hotel,  and  I  saw 
Harper.  Caldwell,  Kandall,  Ford,  and  one  Charles 
Halt. 

Q.  Pid  you  see  a  man  called  Texas?  A.  Yes  sir. 

Q.  State  the  conversation  which  occurri'd  then  be- 
tween you?  A.  Harper  said  that  the.v  were  going  to 
the  States,  and  they  wore  going  to  kick  uj)  the 
damnedst  row  that  had  ever  been  heard  of  vet;  there 
was  some  other  conversation  ptisscd  among  us;  I  do 
not  now  remember  wliat  it  was;  nothing  of  anv  impor- 
tance, till  in  the  course  of  an  hour  or  twoaltcrvvards  I 
met  Harper,  and  he. said  if  I  did  nofliear  of  the  death 
of  old  Abe,  or  the  Vice  President,  and  of  General  Dix, 
In  less  than  ten  days,  I  might  put  liim  down  as  a 
damned  fool;  the  .^tll,  as  I  find  on  looking  at  my  visit- 
ing list,  and  this  was  on  the  6th. 

Q.  Did  Harper  at  the  time,  or  not,  speak  of  Booth 
and.Surrattas  beingat  Washington?  A.  Ithinktliat 
Booth's  name  w;is  mentioned  as  being  in  Washington, 
but  I  do  not  remember  Surratt's  at  that  lime. 

Q.  Was  anytliing  said  in  regard  to  tlieir  having 
friends  in  Washington?  A.  Thev  said  they  had  i)!enty 
Of  friends  here,  and  that  there" were  some  litleen  or 
twenty  going  to  Washington. 

Q.  Did  you  or  not  call  afterwards  and  ascertain  that 
Harper  had  in  fact  left  on  thestli  of  Aiiril?  A.  On  the 
Saiurday.alterwards  I  w.as  at  (Jalt:  Harper's  mother 
Is  livincrscme  inur  or  five  miles  from  Gait,  between 
that  and  Paris;  I  ascertained  then  that  ho  had  been  to 
the  place  where  he  had  been  stopping,  and  Caldwell, 
too.  and  h.ad  started  for  the  States. 

Q.  After  you  had  ascertained  tliis  information  that 
they  had  left  lor  Wa.shington  probably  lor  tlie  purpose 
of  assassinating  the  President,  what  steps,  if  any,  did 
you  take  in  the  matter?  A.  I  went  to  a  just  ice  of  tlie 
peace  for  the  purpose  of  giving  information  to  have 
them  stopped;  his  name  was  Davison. 

Q.  Slate  what  occurred  ou  your  application?   A. 


When  I  gave  the  information,  he  said  that  the  thing 
was  too  ridiculousl.v  absurd,  cr  supremely  absurd  to 
take  any  notice  of;  it  won  Id  only  make  me  apjioar  very 
foolish  to  givestich  inlbrmatioh.  and  cause  arrests  to 
be  made  on  those  grounds,  as  it  was  so  inconsistent 
that  no  person  would  believe  it. 

Q.  And  therelbredid  he  or  not  decline  issuing  any 
process?  'A.  He  declined  to  issue  process. 

Q.  I»o  youor  notknowatwhattimethis  man  Harper 
returned  I'rom  1  lie  States  to  Canada?  A .  I  have  no  per- 
sonal knowledge  that  he  returned  at  all. 

Q.  What  knowledge  have  you  on  the  subject?  A.  I 
was  iuGalt  on  Friday  again, and  luuiid  there, from  Mr. 
l''ord,that  he  liad  been  home  on  Thursday,  and  had 
started  to  go  back  to  the  Stales  again;  that  was  the 
Thursday  after  the  a.ssassination. 

Q.  Did  you  know  while  there  one  Colonel  Ashley,  fi 
Bebel  officer?  A.  I  did  not  know  that  he  was  a  Itebel 
officer;  I  knew  that  he  was- a  Itebel  sympathizer;  ha 
was  a  broker  at  Windsor,  opposite  Detroit. 

Q.  Did  you  ever  Keealetier  irom  Jacob  Thompson, 
formerlv"Spcretary  of  the  Interior,  to  him?  A.  Some 
time  last  lall.  I  cannot  tell  exactly  what  time.  Colonel 
Ashley  handed  me  a  letter,  which  he  said  he  had  re- 
ceived from  Jacob  Tliompson,  asking  him  lor  funds 
for  the  benefit  of  the  Eebels,  to  carry  out  their  objects 
in  Canada,  and  he  asked  me  if  I  could  not  contribute; 
he  read  me  the  letter. 

Q.  What  did  yon  understand  from  him  and  from 
that  letter  to  be  those  objects?  A.  My  understanding 
was  that  the  purpose  was  to  raise  means  to  pay  the 
expenses  ot  those  who  were  unable  to  pay  their  own 
expenses,  to  go  to  the  States  and  make  raids;  I 
so  understood  the  meaning  of  the  letter;  I  may  have 
misinterpreted  it. 

Q.  Did  you  have  any  conversation  with  Jacob 
Thompson  or  Clement  C.  Cla,y?  A.  I  had  a  conversa- 
tion with  Mr.  Clay. 

Q.  A  t  what  lime?    In  February. 

Q.  State  what  it  was.  A.  I  snoke  to  him  in  Toronto 
about  the  letter  that  Mr.  Sanders  had  exhibited  in 
Moutreai— the  letter  of  Jefferson  Davis. 

Ci.  Did  you  state  to  him  what  that  letter  was?  A.  He 
seemed  to  understand  the  nature  and  character  of  the 
letter  perfectly;  I  asked  him  what  he  Ihought  about 
it.  and  he  said  he  thought  tlie  end  would  justify  the 
means;  that  was  his  expression. 

Q.  Justify  the  assassination?  A.  That  the  end  would 
juslilV  the  means. 

Q.  You  sa.vthat  when  you  mentioned  to  him  the  let- 
ter from  Jefferson  Davis  approving  of  this  plan  of 
assassination,  he  seemed  to  understand  il  perfectly? 
A.  Yes  sir,  he  seemed  to  undeistaiid  it. 

Q.  You  spoke  of  having  heard  the  name  Surratt;  do 
you  remember  that  he  was  at  any  time  pointed  out  to 
you  while  you  were  in  Canada?  A.  He  was  pointed 
out  to  me  once. 

Q.  At  what  time  was  that  and  where?  A.  It  was  In 
February,  and,  I  think,  in  Toronto. 

tj.  With  whom  was  he  there,  did  you  observe?  A.  I 
did  notsee  him  with  anyone;  he  was  walking  on  the 
other  side  of  tlie  street,  and  was  ))ointed  out  to  me  as 
beingSurratt,  and  I  am  inclined  to  think  it  was  Scott 
who  pointed  him  out;  and  when  he  was  pointed  out 
Scott,  Ford  and  myself  were  standing  on  the  sidewalk. 

Q.  How  often  did  you  see  Bootii  there?  A.  I  saw- 
Booth  there  two  orthiee  times. 

Q.  Willi  whom  didyougenerall  J' see  him  associating? 
A.  1  do  not  know  that  I  could  tell;  1  sat  at  the  table 
with  him  once  at  the  St.  Lawrence;  Sanders  was  at  the 
same  table,  and  Scotland  Steele  and  myself. 

(J.  Did  .vou  see  Sanders  and  Booth  together?  A.  I 
do  not  know  that  I  did  any  more  than  at  the  table; 
the.v  were  conversing  with  each  other  at  t  he  table;  we 
all  dranl-c  some  wine  at  Mr.  Sanders'  expense. 

Cj.  Was  not  Booth  recognized  by  them  all  as  their 
friend  and  as  fully  committed  to  any  enterprise  they 
were  engaged  in?  A.I  cannot  answer  that  question, 
tor  I  do  not  know. 

Q.  Did  you  hear  what  Sanders  said  of  Booth?  A.  I 
know  what  was  said  in  the  meeting;  outside  of  that  I 
did  not  hear  any  person  speak  parliculariy  in  relation 

to  liootll. 

Q.  Did  you  have  personal  acquaintance  with  Booth 
yourself?  A.  No  sir;  1  had  seen  him  a  good  many 
times  on  the  stage,  and  knew  him  very  well  by  sight. 

ti.  (Exhibiting  to  the  witness  the  photograph  of  J. 
Wilkes  Booth,  "exhibit  No.  1.)  Is  that  a  correct  re- 
preseutalion  of  him?  A.  I  should  think  that  was  the 
man. 

Ci.  What  is  the  full  name  of  Harper,  of  whom  you 
have  sjioken?    A.  George  Harper. 

Cross-examined  by  Mr.  Stone.— Q.  Did  you  see  the 
man  who  was  called  Harrison,  and  whom  .vou  now 
think  is  Harold,  more  th.an  once  in  Canada?  A.  1  think 
I  saw  him  two  or  three  times. 

U-  At  what  time  did  you  see  him?    A.  In  February. 

Q.  What  time  in  February?  A.  About  the  middle,  or 
somewhere  about  the  15th  or  20th  ol  the  month. 

Q.  Did  you  make  his  acquaintance?    A.  1  did  not. 

Q.Doyou  remember  who  pointed  him  out  to  yon? 
A.  I  think  that  il  was  a  Mr.  Brown,  and  Ford  and 
Holt  were  together. 

Q.  Was  it  in  a  street?    A.  In  a  saloon. 

Q.  Night  or  day?    A.  In  thoevoning. 

Q.  Did  you  notice  liim  more  parHcularly  than  the 


13G 


TRIAL   OF   THE   ASSASSINS   AT   WASHIXGTOX. 


generality  of  persons  in  the  saloon?  A.  I  noticofl  him 
n  little  more  par.icularly  on  account  of  liis  name 
having  been  mentioned  in  counectiou  with  others  at 
Montreal. 

Q.  Was  this  inJIontreal?  A.  No,  this  was  in  Toronto. 

Q.  Was  i;o.)tii  in  the  saloon?    No. 

Q.  After  lie  was  pointed  out  .vou  saw  him  once  or 
twice,  and  tlion  he  went  by  the  name  of  Harrison,  you 
Bay?  A.  It  is  my  imi>ressioii  that  he  went  by  that 
Dame:  I  do  not  ri'iiiember  having  heard  the  name  of 
Harold  mtnliimul  at  all. 

Q.  Did  ycu  sea  him  alter  that  at  any  time  till  now? 
A.  No,  sir,  I  did  not. 

Q.  And  vou  saw  him  to-day  for  the  first  time  since 
that?    A.  Yes, sir. 

Q.  How  was  he  dressed  then,  do  you  remember?    A. 

1  do  not  know  that  I  do. 

Q.  I  mean  the  general  style  of  the  dress:  was  he 
dressed  well  or  not?  A.  I  did  not  see  anything 
about  his  dress  that  particularly  attracted  my  at- 
tention. 

Q.  I  do  not  mean  the  color  of  his  clothes,  but  was  he 
genteelly  d res -ed?  A.  I  should  thinlc  he  was  comfort- 
ably dressed:  some  people's  ideas  of  gentility  ditfer  from 
those  of  others. 

The  hourfi.xed  by  the  rules  for  that  purpose  having 
arrived,  the  Commission  took  a  recess  till  12  o'clock 
P.M. 

Court  room,   Washington.  T>.  C.  Fridaj'.  May  2, 18fi5, 

2  o'clock  P.  M.  James  J.  Murphy,  Edward  V.  Murphy 
and  Robert  Con:rases  were  duly  sworn  b.v  the  Judge 
Advocate  as  reporters  to  the  Commission  in  the  pres- 
ence ot  the  Court. 

Cross-Examination  of  James  H.  Merritt. 

Continued  by  JNlr.  Aiken.— Q,  Where  were  you  born? 
A.  I  was  born  iu  Canada. 

Q.  Then  you  are  a  native  ot  Canada?  A.  The  first 
question  aslvt-d  me  by  the  Judcre  Advocate,  was  what 
State  are  you  a  native  of:  my  answer  was  that  I  could 
not  tell:  I  can  exi  lain  th  I:  my  people  lived  iu  Eome, 
Oneida  counly,  Ne\v  York;  lather  and  mother  were  in 
Canada  visiting  and  taking  care  of  someof  their  friends 
at  the  time  I  was  born;  thequestion  was  raised  the  fir.st 
time  I  olferei  my  vote  whether  I  was  a  native  ot  New 
York  or  Canada,  and  was  undecided. 

By  the  Judge  Advocate.— Q.  That  was  what  you 
meant  by  your  answer?    A.  Y'es  sir. 

By  Mr.  Aiken.— What  is  your  age?    A.  Nearly  fortv. 

Q.  How  often  did  you  visit  Canada  last  summer  arid 
fall?  A.  I  have  been  there  all  the  timesince  Mavlast, 
pretty  mucli,  with  the  exception  of  a  few  days  in  De- 
cember, and  at  that  time  1  occasionally  went  back 
and  forth  to  Detroit. 

Q.  What  was  your  business  in  Canada?  A.  Practi- 
cing medicine. 

Q.  When  did  you  first  meet  any  of  the  parties  you 
havo  named  in  Canada?  A.  Som"e  of  them  I  met  the 
first  day  I  was  there. 

Q.  Y'ou  went  in  Jlay?     A.  Yes  sir,  I  went  in  Mav. 

Q.  Where  were  tliey?     A,  Ford  was  there  in  May. 

Q.  By  whom  were  you  introduced  to  those  parties? 
A.  Some  of  them  introduced  themselves. 

Q.  Were  jou  introduced  to  any  of  them?  A.  Then 
I  was  introduced  afterwards  to  some;  Colonel  Ashley 
introduced  mo  to  i\Ir.  Clay. 

Q.  Was  that  tlie  first  introduction  you  had  to  these 
parties?  A.  That  was  the  first  Introduction  I  had  to 
Mr.  Clay. 

Q.  To  any  of  them?  A.  Oh,  no!  I  think  Colonel 
Ashley  introduced  me  to  two  or  three  others:  there, 
among  the  rest,  was  Captain  Scott. 

Ci.  How  was  it  that  you  were  on  snch  confidential 
terms  with  these  gentlemen?  A.  Because^  was  a  good 
Southerner,  and.  represented  myself  as.  Such. 

Cl.  Is  that  tlie  reason  why  yoa  were  asked  to  con- 
tribute?   A.  Y'es  sir. 

Q.  On  account  of  your  known  ftatus  there  as  a  South- 
erner? A.  Tliey  supposed  I  was  a  good  Southerner, 
and  I  presume  that  was  the  reason  Mr.  Ashley  asked 
me  to  contribute. 

Q.  Y'ousDoke  of  drinking  wine  with  Mr.  .Sanders: 
was  that  before  or  alter  the  meeting  at  which  the  let- 
ter was  read  to  which  you  referred?  A.  That  was  after 
the  interview  we  had  in  October,  but  before  the  meet- 
ing at  which  tlie  leiter  of  Davis  was  read. 

U.  Where  was  that  meeting  held?  A.  In  Mr.  San- 
ders' room. 

Q.  Who  invited  you  to  be  present  at  that  meeting? 
A.  Captain  Scott. 

Q.  Is  it  possible  thata  portion  of  that  letter  has  been 
mLsappreliended;  I  would  like  to  have  you  state  the 
main  points  in  it  again?  A.  Mr.  Sanders  read  the  let- 
ter uloud:  I  did  nut  read  the  letter  myself;  I  think 
tliat  I  stated  that  in  t  e  commencement;  the  purport 
of  the  letter  was  that  Jlr.  Davis  did  not  wish  to  re- 
cognize any  persons  as  his  friends  who  were  willing 
to  submit  to  be  governed  by  Mr.  Lincoln,  conveying 
the  sentiment  the  language  might  be  varied  a  good 
deal, and  that  if  the  President  and  Vice-President,  and 
some  of  the  Cabinet,  and  the  leading  generals  could 
be  disposed  of,  it  would  satisfy  the  people  ot  the  North 
that  they  (tlio  Kel)elsi  had  friends  here. 

Q.  That  was  btated  in  the  letter?  A.  That  was  stated 
in  the  letter;  I  thiulc  that  was  the  meaning  of  the  le'i^ 


ter:  the   phraseology  I  perhaps  do   not   exactly   re- 
member. 

Q.  We  want  to  know  what  was  actually  said  in  the 
letter.  A.  I  say  that  that  was  tlie  substance;  i  do  not 
say  that  was  tiiu  e.xaet  phraseology. 

C>.  Was  there  anything  more  in  the  leiter?  A.  There 
was  considerable;  it  was  quite  a  lengthy  letter. 

C!.  Did  you  make  any  expressions  at" the  time  in  the 
meeting?    A.  No  sir. 

Q.  Did  you  see  the  justice  of  the  peace  to  whom  yoa 
reierred  immediately  after  that  meeting?    A.  No  sir. 

Q.  How  long  was  it  afterwards?  A.  It  was  over  a 
month. 

Q.  What  time  was  the  letter  read?  A.  The  letter 
was  read  in  February,  and  I  went  ou  the  lOth  of  April 
to  sea  the  justice  of  the  peace. 

Q.  Alter  the  justice  of  the  peace  refused  to  accede  to 
your  request,  what  did  you  then  do?  A.  I  then  called 
upon  a  judge  (.f  the  Court  of  Assizes,  made  my  state- 
ment to  him,  and  he  said  I  should  have  to  goto  the 
grand  jurj'. 

Q.  Uliatdidyou  do  then?  A.  I  did  not  do  anvthing: 
I  went  home. 

Ci.  Wiien  did  you  first  communicate  to  the  Goverrj- 
ment  this  information  that  you  have  detailed  here? 
A.  I  tiiiuk  it  was  two  weeks  ago  to-day. 

Q.  Smce  the  assasination  of  the  President?  A.  Yes 
sir. 

U.  What  was  your  object  in  keeping  this  information 
so  long  to  yuurselt?  A.  There  was  no  authority  vo 
communicate  it  to. 

Q.  But  as  a  good  citizen  you  were  bound  to  commu- 
nicate it:  why  did  you  not  do  it?  A.  In  the  first;  place 
I  was  nut  here  where  I  could  communicate:  I  am  a 
practicing  phy:<iciau  in  North  Dumfries,  Canada;  it  is 
some  five  hundred  or  six  hundred  miles  from  here. 

Q.  There  is  a  post  office  at  Dumfries?  A.  \'es  sir; 
there  is  one. 

U.  There  is  one  at  Toronto  and  one  at  Montreal?  A. 
Y"ts  sir. 

Q.  Is  that  the  only  reason  that  you  have?  A.  No  sir; 
I  cannot  assign  any  particular  reasons  why  I  did  not 
communicate  it,  theCovernment,thOLigh,  was  iu  pos- 
session of  the  information  without  my  communicating 
It.  I  understand. 

Q.  Was  it  nut  owing  to  the  fact  that  you  are  a  Soutb- 
eruerin  your  (eeiings  and  affixations?    A.  No  sir. 

Q.  Where  were  you  when  Mr.  Surratt  was  pointed 
out  to  yon,  as  you  .state?    A.  In  Toronto.  I  think. 

Q.  At  what  time  of  the  year  was  that?  A.  That  was 
in  February. 

Q.  In  February,  1865?    A.  Yes,  sir;  la.st  February. 

Q.  Did  you  have  a  good  view  of  the  gentleman?  A- 
T  saw  him  on  thestreet. 

Q.  Were  JOU  on  the  same  side  of  the  street  with  him, 
oracross?  A.  On  the  same  side;  he  was  pointed  out 
coming  towards  me.  and  on  the  opposite  side;  he 
crossed  on  the  same  crossing,  and  passed  do%vn  by  me. 

Q.  What  sort  of  a  looking  man  was  he?  A.  1  never 
saw  him;  but  he  is  a  man.  1  should  think,  as  tall  as  I 
am,  nearly  five  feet  si.x  inches  or  seven  or  eight 
inches,  rather  slim,  and  he  wore  a  moustache. 

Q.  What  was  the  color  of  that  mou.stache?  A.  Dark. 

Q.  What  was  the  color  of  his  hair?  A.  I  did  not 
notice  his  hair  particularly;  I  noticed  that  he  had  a 
moustache. 

Ci.  What  was  the  color  of  his  eyes?  A.  I  do  not 
know  that  I  noticed. 

Ci.  How  wiis  he  dressed?  A.  Dressed  in  ordinary 
clothes,  like  any  gentleman  would  be. 

Q.  Dark  colored  clothes?  A.  I  should  think  they 
were,  but  1  might  be  mistaken. 

ti.  Are  you  pretty  positive  that  they  were  dark- 
colored  clothes  ?  A.  I  would  not  be  positive  that  they 
were;  I  would  not  be  positive  that  it  was  Surratt, 
either,  because  I  do  not  know  the  man. 

Ci.  What  day  of  the  month  was  that,  as  near  as  you 
can  recollect  ?  A.  I  should  think  it  was  somewhere  in 
the  neighborhood  of  the  20th,  perhaps;  it  was  alter  the 
middle,  I  should  judge. 

Ci.  Who  was  the  American  Consul  at  Toronto  ?  A.  I 
do  not  know;  I  do  not  know  an  American  Consul  in 
the  province. 

Ci.  Did  you  ever  meet  him?    A.  Not  that  I  know  o£ 

Q.  There  was  one  there?  A.  I  do  not  know  that  I 
ever  met  him. 

QU  When  you  were  drinking  wine  at  Mr.  .Sanders' 
expense,  and  in  convivial  conversation  with  him,  did 
he  disclose  to  you  freely  any  of  the  plans  and  pur- 
poses of  the  Southern  men  in  Canada?  A.  Not  at  iho 
table. 

Q.  Did  he  privately  in  his  room?  A.  I  had  no  coo- 
vei-sation  with  Mr.  Sanders,  except  what  I  had  atthose 
interviews, in  relation  to  any  conduct  of  the  Southern- 
ers in  Canada;  that  was  inhisrootn  at  the  time  I  was 
introduced  to  him  by  Clem.  Steele. 

Q.  To  go  back  airain— under  what  circumstances  was 
the  gentleman  whomyou  think  wasSurratt  pointed  t  uS 
to  j'ou?  A.  I  do  not  know  that  it  was  under  any  partU 
cular  circumstances;  u  man  by  the  name  of  Ford,  who 
waspresent  at  the  meeting  held  in  Montreal,  said  :— 
•'Doctor,  that's  ^^urratt." 

Q.  WasSurratt  mentigned  in  the  meeting?  A.  Surratt's 
name  wa.s. 

U.  Were  yon  talking  with  Ford  at  that  time  in  regard 


TRIAL   OF   THE   ASSASSINS    AT   WASHINGTON. 


137 


to  any  of  the  plans  and  purposes  divulged  in  that  meet- 
ing? A.  Yes  sir. 

Q.  Was  that  the  occasion?  A.  That  is  how  he  hap- 
pencfi  to  ppi-ali  of  this  man. 

Q.  You  think  he  was  a  man  about  Ave  feet  six  in- 
ches liigh?  A.  I'iveleet  six  or  eight  inches,  I  should 
Judge. 

(4.  Your  impression  is  that  he  was  dressed  in  dark 
clothes?  A.  1  tou.J  not  s.^.v  wliat  his  clutlios  were;  ho 
niigl;t  liave  been  dressed  in  dark  clotlies,  or  darkgrey, 
or  grey;  I  could  not  now  tell,  lor  the  life  of  me,  what  he 
was  dressed  in. 

Q.  Yiai  think  he  had  a  dark  moustache?  A.  I  think 
his  mor.stache  was  dark;  it  was  not  red;  at  least  I  think 
U  v.'-is  nut. 

Bv  tlie  Judge  Advocate.— Q.  I  understand  you  to  say 
thai  l!ie  occasion  of  Kurratt's  bring  pointed  out  to  you 
was  because  he  was  one  of  the  men  si)oken  of  in  this 
meelinu' who  were  willing  to  accompli:  li  the  assassina- 
tion of  tlie  President?  A.  He  was  one  of  the  men 
spoken  oi'by  Jlr.  Sanders;  Mr.  Ford  was  present  at  the 
time  Jfr.  Sanders  mentioned  it. 

U.  liuw  many  were  present  at  that  meeting?  A.  I 
should  thhik  there  were  ten  or  liliecn. 

Q.  How  many  can  you  name?  name  as  many  as  you 
can.  ti.  There  was  Mr.  Sanders.  Colonel  istecie,  (.'apt. 
bcott,  Ceorge  Harper,  Caldwell,  Ford,  Kirk,  Benedict, 
George  Young  and  Byroa  Hill. 

Q.  IJo  vou  know  wliether  this  Harper  was  orwas  not 
from  Ilichmond.  Virginia?  A.  I  believe  that  Harper 
and  Caldwell  were  both  residents  of  itichmoud,  Vir- 
ginia; at  least  they  represented  tiiemselves  as  such. 

Q.  Did  tliey  represent  themselves  to  liave  been  in 
the  Rebel  service?  A.  1  believe  they  had  been;  I  think 
they  had  been  in  the  Rebel  service:  whether  they 
were  commissiened  or  private  s  I  cannot  say. 

Q.  The  Clav  of  w^hom  you  have  spoken  is  Clement 
C.  Clay,  of  Alabama,  formerly  of  the  United  States 
Senate,  is  it  not?  A.  Yes  sir;  C.  C.  Clay— a  tall, slim 
man. 

By  Mr.  Aiken.— Q.  From  what  point  did  you  commu- 
nicate this  information  to  the  Uoverument?  A.  In  the 
War  Department. 

Q.  Difl  vou  como  directly  here?  A.  Y'es  sir;  I  have 
in  my  irocket  u  letter  from  the  Provost  Marshal-Gene- 
ral, stating  that  ho  had  received  a  letter  which  proved 
to  have  been  written  by  Squire  Davison,  giving  infor- 
mation of  niy  visit  to  him  when  I  wished  to  have 
Harper  and  Caldwell  arrested,  and  when,  on  the  re- 
ceipt of  that  letter,  they  sent  to  Canada  forme;  it  you 
wish  to  see  the  letter  I  can  produce  it. 

By  the  .fudge  Advocate.— Q.  By  whom  was  that  let- 
ter "writttn?    A.  ByCJeneral  Fry. 

The.ludge  Advocate,  without  objection,  offered  the 
letter  in  evidence.    It  is  as  follows:— 

•'Wak  Dki'aetment,  Provost  Marshal-Geit- 
EKAL's  Bureau,  Washixoton,  D.  C.  April  i;u,  l.sd-S.— 
To  Dr.  .J.  B.  Merrill,  Agent,  Canada  West.— Sir;  I  have 
been  informed  that  you  possess  inlbrmalion  connected 
with  a  plot  to  assassinate  the  President  of  the  United 
States  and  otlier  prominent  heads  of  this  Govern- 
ment. Ihe  bearer  has  been  sent  to  present  this  let- 
ter to  vou.  and  to  accompany  you  to  this  city,  it  you 
will  co"me.  The  Secretary  of  War  authorizes  me  to 
pledge  you  protection  and  security,  and  to  pay  all 
expenses  connected  with  your  journey  both  ways, 
and,  in  addition,  to  promise  a  suitable  reward  if  use- 
ful information  is  furnished. 

Independent  of  these  considerations,  it  is  hoped  that 
the  cause  of  humanity  and  justice  will  induce  you  to 
act  promptly  in  divulging  anything  you  may  know 
conucettd  with  the  recent  tragedy  in  this  city,  or  with 
an.y  other  plots  yet  in  preparation.  The  bearer  is  di- 
rected to  pay  all  expenses  connected  with  your  trip, 
"lam,  ttc.  very  respectiully, 
"  Y'our  obedient  .servant, 

'■JAMES  B.  FRY, 
"Provost  Marshal-General." 
The  original  of  the  foregoing  is  annexed  to  this  re- 
cord, and  marked  Exhibit  is'o.  ■',. 

By  the  Judge  Advocate.— Q.  It  was  under  that  letter 
you  came?    A.  Yes  sir. 

By  the  Court. —Q.  The  witness  in  giving  the  reason 
for  his  admission  to  the  meeting  of  the  conspirators  in 
Canada,  said  it  was  because  he  was  a  good  .Southern 
man,  aid  then  in  giving  a  reason  lor  not  communi- 
Ciitingthis  information  to  the  Government,  he  said 
empliaticall  V  that  be  was  not  a  good  Southern  man- 
how  is  that  discrepancy  explained?  A.  I  said  they  ad- 
mitted me  because  I  was  a  good  southern  man.  and 
I  said  it  in  such  a  way  that  I  thought  it  would  be  un- 
derstood that  I  had  ma'le  the  impression  on  their 
minds  that  I  was  a  good  Southern  man;  God  knows  I 
am  not  a  .Southern  man  in  sentiment,  because  I  have 
taken  the  oath  of  allegiance  too  often. 

Bv  Mf.  Aiken:— Where  were  you  at  the  time  Mr. 
Ashley  asked  you  to  contribute?  A.  In  Windsor,  oppo- 
site Detroit. 

Q.  You  stated  that  you  did  not  contribute  anything 
at  that  time.    A.  I  did  not. 

Q.  Did  you  ever  contribute  anything  for  that  spe- 
cific purpose?    A.  No  sir. 

Q.  Either  in  money,  or  services,  or  advice?  A.  jSTo 
sir. 

U.  When  did  you  leave  New  York?  A.  Four  or  five 
or  six  years  ago,  more  than  that. 


Q.  When  were  you  last  in  New  York  city?  A.  I 
have  not  been  there,  I  think,  since  I85S  or  iS.j'J. 

Q.  Did  you  know  anything  of  the  plot  to  burn  that 
city?    A.  I  did. 

Q.  Did  you  communicate  that  to  anv  one?    A.  I  did. 

Q.  To  whom?    A.  To  Colonel  Hill,  of  Detroit. 

Q.  How  did  you  come  to  find  out  auytuing  about  It? 
A.  I  heard  ittalked  of  at  Windsor. 

Q.  Did  you  communicate  .vour  knowledge  before  or 
after  the  attempt  to  burn  that  city?  A.  Before  the  at>- 
tempt. 

Q.  Are  you  acquainted  with  Robert  Burfall,  of  To- 
ronto?   A.  No  sir. 

Q.  Did  you  ever  see  him?    A.  Not  that  I  know  of. 

Q..  He  is  the  Consul  there.    A.  I  do  not  know  him. 

Q.  Who  of  the  .Southerners  communicated  to  you 
their  intentions  to  burn  New  York  city  at  Windsor? 
A.  Robert  Drake,  formerly  of  Morgan's  command. 

Q.  Was  he  the  only  one?  A.  Another,  of  the  name 
of  Smith:  I  do  not  know  Smith's  first  name,  but  they 
were  both  of  Morgan's  command,  and  they  both  had 
been  toChicago  to  attend  the  I'residential  Convention; 
they  went  there  for  the  purpose  of  destroying  the  pub- 
lic peace  and  releasing  the  prisoners  at  Camp  Doug- 
las; at  least  they  told  me  that  was  their  object  in  going 
after  they  returned. 

Q.  After  you  had  been  thus  made  aware  of  the  plot 
to  burn  the  city  of  New  York,  and  commit  that  depre- 
dation in  Chicago,  why  did  you  continue  your  Iriendly 
relations  with  that  class  of  men?  A.  For  the  purpose 
of  giving  information  when  I  should  find  it  of  im- 
portance; another  thing,  my  practice  was  mostly 
among  that  class  of  men  among  Southerners;  if  you 
go  to  Canada  you  will  find  that  nine-tenths  of  the 
people  are  rank  Rebel  sympathizers. 

Q.  Did  you  continue  your  iriendly  or  confidential  re- 
lations with  them  after  that?    A.  1  did. 

Q.  By  whom  were  you  paid  for  communicating  the 
information?  A.  I  never  have  received  a  dollar;  the 
CJoverument  did  advance  me  money  here  the  other 
day  to  pav  my  expenses;  I  have  proof  in  my  pocket, 
wliich  I  can  show,  if  it  is  necessarj',  froui  the  Provost 
Marshal  at  Detroit,  that  I  furnished  valuable  informa- 
tion without  any  remuneration. 

Q.  Wh.v  after'this.  and  you  were  continuing  your  re- 
lations with  them,  should  they  continue  to  think  you  a 
good  southerner?  A.  Y'ou  must  ask  them:  they  can 
give  you  more  information  on  that  point  than  I  can. 

Q.  Did  you  intentionally  deceive  them?  A.  My  in- 
tention was  to  get  all  the  information  I  could  from 
them. 

Q.  At  the  same  time  pretending  to  be  their  friend? 
A.  Yes  sir. 

Testimony  of  SandfortJ  Cojiover. 

Sandford  Conover,  a  witness  called  for  the  prosecu- 
tion, being  duly  sworn,  testified  as  Ibllows;— 

By  Judge  Advocate  Bingham.— Q.  State  your  full 
name  and  present  place  of  I'esidence.  A.  Sandford 
Conover,  Montreal,  Canada. 

Q.  How  long  have  j-ou  resided  in  Montreal?  A. 
Since  October  last. 

Q.  State  where  you  resided  previous  to  going  to 
Canada.    A.  I  resided  a  short  time  in  Baltimore. 

Q.  (State  whether  you  resided  farther  South  before 
that.    A.  Yes  sir,  at  Richmond  ? 

Q.  State  what  you  were  doing  at  Richmond?  A.  I 
was  a  clerk  in  the  War  Deparljnent  for  a  time. 

Q.  How  long?    A.  Upwards  of  SIX  months. 

Q.  Do  you  mean  the  War  Department  of  the  ConfetJ- 
erate  States  Government,  as  it  was  called?  A.  Y'ea 
sir,  in  the  Rebel  War  Department. 

Q.  Who  was  at  that  time  Secretary  of  War  for  that 
organization?    A.  Mr.  James  A.  Seddon. 

Q.  How  did  yon  come  to  be  in  the  Rebel  service  ?  A. 
I  was  conscripted,  and  detailed  for  a  clerkship;  it  was 
a  cheap  way  of  getting  clerks. 

ti.  Stateto  the  Court  whether  when  you  were  over 
in  Canada  you  made  the  acquaintance  of  iiny  of  the 
persons  connected  with  the  Confederate  organization, 
as  it  w.as  called.  Rebels  from  the  Southern  States.  A. 
J  did,  and  have  been  quite  intimately  associated  with 
them. 

Q.  State  the  names  of  those  with  whom  you  were  so 
acquainted  in  Canada.  A.  George  N.  Sanders,  Jacob 
Thompson,  Dr.  Blackburn.  Beverly  Tucki-r.  William 
C.  Cleary,  J^owis  Castleman.  the  Rev.  Mr.  Cameron, 
Mr.  Porterfield,  Captain  Magruder,  and  a  number  who 
are  o floss  note. 

Q.  Did  you  know  Clement  C.  Clay?  A.  I  knew  him; 
I  may  also  include  Generals  Frost,  of  Missouri,  and 
Carroll  of  Tennessee. 

Q.  Were  you  also  acquainted  with  any  iicrsons  who 
occ.isionally  visited  the  persons  named  in  Canada 
from  the  United  states?    A.  I  knew  soine. 

Q.  What  were  their  names?  A.  I  knew  Mr.  Surratt; 
I  knew  Booth. 

Q.  John  Wilkes  Booth?    A.  Yes  sir. 

Q.  State  whether  you  saw  either  of  those  persons  last 
named  in  Canada  since  then  once?  A.  I  never  saw 
Booth  since  then  once;  I  saw  Surratt  on  several  suc- 
cessive days. 

Q.  With  whom  did  you  sera  them  when  there?  A.  I 
saw  Surratt  on  a  numbc  r  of  days  in  April  last:  I  saw 
him  in  J  acob  Thompson's  rooms,  and  X  also  saw  him 


138 


TRIAL   OP   THE   ASSASSINS   AT    WASHINGTON. 


in  company  with  Oeorge  N.  Sanders  at  two  or  three 
places. 

Q.  Did  he  pass  by  the  name  of  John  H.  Surratt?  A. 
Surratt;  1  am  not  posiuvc  about  his  iirst  name:  1  have 
heard  him  called  Jack,  by  some. 

By  Mr.  Ca'^tleman.— Q.  Describe  the  personal  ap- 
pearance of  this  Sir.  Surratt?  A.  He  is  a  man  about 
five  leet  nine,  ten  or  eleven  inches,  somewhere  in  that 
neighborhood  I  should  judge;  a  spare  man,  light  com- 
plexion and  light  hair. 

Q.  You  suyyousaw  him  in  Montreal  in  April  last? 
A.  Yes  sir. 

Q.  About  what  time  in  April?  A.  It  was  within  a 
week  beioro  the  President's  assa-ssinatiou;  I  think 
about  the  6th  or  7th  of  April;  somewhere  in  that  vi- 
cinity. 

Q.  In  whose  company  w.as  heat  the  time  you  saw 
liim  there?  A.  l  saw"  him  in  Mr.  Thompson's  com- 
pany and  in  Mr.  Sanders'. 

U.  Y'OLisuyyou  saw  iiim  in  Mr.  Thompson's  room? 
A.  I  saw  iiim  in  Mr.  Thunipsuus  room. 

Q.  Slate  whether  he  gave  any  communication  to 
Mr.  Thompson  in  his  room,  in  your  presence,  and 
■what  that  communication  was?  A.  There  was  a  com- 
munication thereat  that  time,  from  which  it  appeared 
that  Mr.  Surratt  had  brought  despatches  from  Rich- 
mond to  Mr.  Thompson;  these  despatches  were  the 
Bubject  of  the  conversation. 

a.  From  whom  in  Richmond  were  the  despatches 
brought?  A.  From  Mr.  Benjamin:  I  think  there  w;is 
also  a  letter  in  cipher  from  Mr.  Davis;  I  am  not  posi- 
tive as  to  the  latter,  but  there  was  a  letter,  whether  it 
■was  in  cipher  or  not. 

Q.  Do  you  mean  Judah  P.  Benjamin,  Secretary  of 
Btateof  the  so-called  Confederacy?    A.  Y'es  sir. 

Q.  Y'ou  say  the  despatches  were  the  subject  of  con- 
versation; wliat  did  they  say  was  tlie  substance  of  the 
despatche-i.or  about  what  did  they  purport  to  be?  A. 
I  had  some  conversation  with  Mr.  Thompson  pre-, 
viously  on  the  subject  of  a  plot  to  assassinate  Mr.  Lin- 
coln and  his  Cabinet,  ot  which  I  had  in'ormed  tiie 
paper  for  which  I  was  corresp mdent,  and  I  had  been 
invited  to  participate  in  that  enterprise. 

Q.  By  whom  had  you  been  so  invited?  A.  By  Mr. 
Thompson,  and  on  this  occasion  he  laid  his  hand  on 
the  papers  or  despatches  there  and  said.  "  This  makes 
the  thing  all  right,"  relerringtothe  assentof  theKebel 
authorities. 

Q.  Did  tiiey  speak  of  the  persons  that  the  Rebel 
authorities  had  consented  might  be  the  victims  of  this 
plot?  A.  Y'es  sir;  Mr.  Lincoln,  Mr  Johnson,  theSecre- 
tary  of  War,  the  Secretary  of  State,  and  Judge  Cha.se. 

Q.  Did  they  say  anything  about  any  of  the  Generals? 
A.  And  General  Grant. 

Q.  In  that  conversation  was  anything  said,  and  if  so, 
what  was  said  by  Thompson  and  Surratt,  or  either  of 
them,  touching  theellect  theassassination  of  these  ofli- 
cers  named  would  have  upon  the  peojileof  the  United 
States,  and  their  iiower  to  elect  a  President?  A.  Mr. 
Thompson  said  on  that  occasion.  I  think.  I  am  not  so 
positive,  that  it  was  on  that  occasion,  but  he  did  say 
on  the  day  beTore  the  interview  of  which  I  speak,  that 
it  would" leave  the  Government  entirely  without  a 
head:  that  there  was  no  provision  in  the  Constitution 
ofthe  United  States  by  which  they  could  elect  another 
President. 

Q.  If  these  men  were  put  out  of  the  way?  A.  If 
these  m(  n  were  removed. 

Q.  Stale  whether  any  other  member  of  the  Cabinet 
wa.s  named  in  that  connection  touching  the  despatches 
and  the  approval  from  Richmond.  A.  No  sir;  no  fur- 
ther than  this;  Mr. Welles  was  named,  but  Mr.  Thomp- 
60U  said  it  was  not  worthwhile  to  kill  him,  he  was  of 
no  consequence;  that  was  the  remark  made  at  the 
time. 

Q.  Y'ou  stated  that  there  wa-s  a  letter  in  cipher  from 
Davis,  as  well  as  the  despatches  of  Secretary  Benja- 
min.'   A.  Yes  sir. 

Q.  Was  the  substance  of  the  letter  of  Davis  also 
spoken  of?    A.  Only  generally. 

Q.  In  connection  uiih  the  despatch?    A.  Yes. 

Q.  Was  any  otner  subicct  mentioned?    A.  Yes.    If 
may  be  allowed  I  will  state  my  tirst  interview  on  that 
Bubject. 

Q.  When  was  .vour  fir.st  interview  with  him  on  that 
Bubjeci?    A.  In  February  last. 

Q.  About  what  time  in  February?  A.  In  the  early 
part  of  I'ebniary. 

Q.  That  w;is  where?  A.  That  was  in  Mr.  Thompson's 
room  in  tlie  St.  Lawrence  Hall  Hotel. 

Q.  Stale  if  yuu  phase  what  was  said  at  that  time  by 
Mr.  Thompson  on  th.'il  subject,  in  your  presence.  A.  I 
had  called  on  Sir.  Thompson  to  make  some  inquiry 
about  a  raid  that  had  been  contemplated  on  Oydens- 
burg.  New  York,  which  had  failed  because  the  United 
States  Government  hail  received  some  inlormation  of 
the  intention  ot  the  J!cbels,.and  were  prepared  for  it; 
and  I  called  to  see  what  was  to  be  done  ne.xt,  seeking 
Items  for  my  newspaper,  and  being  supposed  by  Mr. 
Thompson  to  be  a  good  Rebel;  he  said  we  would  have 
to  drop  it  for  a  time,  but  we  would  catch  them  asleep 
yet,and  he  observed  "there  is  a  bettor  opjiortunity— a 
better  chance  to  immortalize  yourself  and  save  your 
country;"  Hold  him  I  was  ready  to  do  anything  to 
save  the  country,  and  asked  what  was  to  be  done;  he 
eaiU  some  of  uux  buys  are  going  to  play  a  grand  j  oke  on 


Abe  and  Andy,  that  was  his  expression:  this  led  to  e.x- 
plaiialicns,  when  he  informed  me  it  was  to  kill  them, 
or  rather  to  remove  Ihem  from  oflice.  to  use  his  own 
expression:  he  said  it  was  only  removing  them  from 
oiiice;  that  the  killing  of  a  tyrant  was  no  muruer. 

Q.  State  whether  anything  was  said  at  that  time  on 
the  subject  of  ciimmissions  from  tlio  Rebel  authori- 
ties in  his  hands  blank.  A.  He  had  commissions 
and  con:erred  cue  on  Booth:  I  am  not  so  positive 
whethere  hrfhad  conferred  it  on  Booth  ornot,  but  he 
told  me,  either  then  or  subsequenily,  that  IJOJth  had 
been  commissioned,  and  that  everybody  engaged  ia 
the  enterprise  would  be  commissioned,  andif  itsuc- 
ceednd  or  failed,  and  they  O'.-aped  to  Canada,  they 
could  not  be  successfully  claimed  under  the  extradi- 
tion treaty. 

Q.  State  whether  you  have  any  personal  knowledge 
of  their  holding  these  commissions  in  blank  liom  the 
Confederate  .States,  A.  Yes  sir;  the  commission  con- 
ferred on  Bennett  II.  Young,  the  St.  Albans  raider, 
was  given  to  him  in  blank. 

Q.  By  whom?  A.  It  was  a  blank  commission  filled 
up  an<l  conierred  by  Mr.  Clay. 

Q.  Whatname  was  attached  to  it  as  it  came  into  their 
hands  from  the  men  from  Richmond,  if  any?  A.  James 
A.  Sedden,  Secretary  of  War. 

Q.  State  to  the  Court  whether  you  saw  the  commis- 
sion yourself.    A.  I  did. 

Q.  At  whose  instance  were  j'ou  called  to  see  it  ?  A. 
Mr.  Thompson. 

Q.  Slate  whether  j'on  were  asked  to  testify  about  the 
genuineness  ofSeddon's  signature,  you  having  been  a 
clerk  in  the  Deiiartment.     A.  I  was. 

Q.  By  whom  were  you  asked  ?  A.  By  Mr.  Thomi>- 
son  and  Sir.  Abbott,  the  counsel  in  the  case,  and  also 
by  Sanders,  and  Y'oung  himself, 

Q.  State  whether  you  did  testify  on  the  question  of 
the  genuineness  of  the  signature  of  Seddon.    A.I  did. 

Q.  In  that  Court?    A.  I  testified  before  Judge 

the  signature  was  genuine. 

Q.  A  re  you  acquainted  and  familiar  with  the  hand- 
writing of  James  A.  Seddon,  the  Rebel  Secretary  of 
War?    A.  Yes'Sir. 

Q.  State  now  to  the  Court,  upon  your  oath  here, 
whether  the  signature  to  the  blank  commission  jou 
saw  was  his  genuine  signature  ornot.  A.  It  was  his 
genuine  signaiure. 

Q.  Y'ou  say  you  had  a  subsequent  conversation  with 
Thompson  after  the  one  you  have  spoken  of.  as  early 
asFebruary.  before  the  time  you  met  him  with.'^urratt; 
what  timein  February  was  it  that  you  had  that  subse- 
quent conversation?  A.  I  had  conversations  with  him 
from  d:iy  today  almost  every  day  during  the  whole  of 
February. 

Q.  On  any  one  of  these  occasions  did  he  offer  you  one 
of  these  commissions  in  the  work  of  the  assassination 
of  the^Presideut?  A.  Nothing  fur'her  than  this,  that 
hesuagestedthat  Imight  immortalize  myself  and  save 
the  country,  and  in  that  same  connection  said  that 
Booth  had  been  commissioned,  and  that  every  man 
who  would  engage  in  the  enterprise  would  be. 

(J.  In  their  subsequent  conversations  state  anything 
that  was  said  about  the  extent  to  which  this  plot  wiu* 
to  be  carried,  what  langua'^e  was  used.  itc.  A.  At  an- 
other time  I  had  a  conversation  with  Mr.  William  C. 
Cleary,  the  day  bel'ore  or  the  day  of  the  assassination. 

Q.  'VVhere  at?  A.  At  .St.  Lawrence  Hall;  we  were 
speaking  of  the  rejoicings  in  the  States  over  the  sur- 
render of  Lee,  and  the  captureof  Richmond,  and  so 
on,  and  Cleary  remarked  that  they  would  put  the 
laugh  on  the  other  side  of  their  mouths  in  a  day  or 
two;  I  think  that  was  the  day  before  the  assassination 
took  place. 

Q.  How  did  he  say  they  would  do  it?  A.  There  was 
nothing  further  than  that  said;  it  was  known  that  I 
was  in  the  secret  of  the  conspiracy,  and  it  was  that  we 
had  reference  to;  it  was  talked  about  as  commonlj'  as 
we  would-sjieak  of  the  weather. 

Q.  Did  you  have  any  conversation  with  Sanders 
about  that  time  about  it?  A.  C>ne  time  before  that 
I  had  a  conversation  with  Sanders,  and  he  asked  me 
if  I  knew  Booth  very  well;  he  expressed  some  appre- 
hension that  Booth  would  makea  fizzle  of  it:  that  ha 
was  dissipated  and  recicloss,  and  he  was  afraid  the 
whole  thing  would  prove  a  I'ailure. 

Q.  What  business  were  you  engaged  in  in  fact  during 
your  stay  in  Canada,  while  you  were  osiensibly  a 
Rebel?  A.  I  was  a  corresponaent  of  the  New  Y'ork 
Tribvnf. 

Q.  State  to  the  Court  whether  before  the  assassina- 
tion of  the  President,  you  communicated  toanyper- 
.son  in  the  United  States  what  information  you  had  re- 
ceived about  the  intended  raid  on  Ogdensbuig,  or  the 
assassination  ofthe  President?  A.  I  did  to  the  New 
York  Tribune,  and  they  declined  to  publish  it,  because 
they  had  been  accused  of  publishing  sensation  stories 
ot'tbat  kind  before,  and  they  feared  there  might  be 
nothing  in  it,  and  did  not  wish  to  be  accused  of  pub- 
lishing sensation  stories. 

Q.  State  whether  .vou  mean  to  be  understood  as 
saying  ihat  you  communicated  both  the  plot  to  make 
a  raid  on  Ogdensburg,  and  the  other  in  regard  to  the 
assassinationof  the  President,  or  only  one?    A.  Both. 

Q.  About  how  longbelbre  the  President's  assassiua^ 
tion  did  you  make  the  communication?  A.I  did  it 
in  March  lost,  and  also  iu  February ,  I  think;  I  gave 


TRIAL   OF   THE   ASSASSINS  AT  WASHINGTON. 


139 


them  a  paragraph  on  the  subject  before  the  4th  of 
March. 

Q.  In  order  that  we  may  be  certain  about  it,  T  as'k 
you  again,  without  indicating  myself  the  dale,  about 
what  time  was  it  tljatyou  saw  this  Burratt,  wliom  you 
have  described  in  tlie  rooniof  Tl)ompson  in  Montreal, 
as  the  beurei  of  despatclies  from  Kichmond?  A.  It 
was  about  the  7th  of  btli  of  April  last.  I  could  not  state 
It  to  a  day.  It  was  within  four  or  live  days  preceding 
the  assassination. 

Q.  State  what  was  said  by  Surratt,  if  anything,  indi- 
cating his  connection  with  the  plot.  A.  'J'here  was 
consicierahle  conversation  on  the  subject:  I  am  unalile 
to  remember  anything  Surratt  said  in  particuler,  but 
from  the  whole  conversation  I  inlerred  that  he  was  to 
take  his  part,  w'hatever  it  might  be. 

Q,  State  whether  the  substance  of  his  conversation 
was  that  he  wasoneof  tlie  personsin  the  plot  to  execute 
theconspiracy  on  the  President  and  his  Cabinet.  A. 
That  was  the  understandmg. 

Q.  Was  that  the  substance  of  his  conversation  or 
not?    A.  That  was  the  substance  of  the  conversation. 

Q.  I  should  like  to  know  whether  anything  was  said 
in  the  soveral  conversations  you  had  with  Thompson, 
Clay  and  .Sanders  about  the  use  of  money  in  this  busi- 
ne.s3  or  not?  A.  I  do  not  think  there  was,  but  it  was 
always  well  understood  there  was  plenty  of  mone.v 
when  there  was  anything  to  be  done;  I  do  not.  think  I 
ever  heard  anything  said  about  money  or  compensa- 
tion at  all. 

Q.  When  you  say  it  was  always  understood,  do  you 
mean  it  was  so  stated  in  general  terms,  by  these  men, 
or  not?  A.  I  do  notthink  therewasanythingsaidonthe 
subject;  there  may  have  been  but  not  in  my  presence: 
I  think  there  was  nothing  said  on  the  subject  of 
money. 

Q.  Did  Surratt  state  at  that  time,  at  what  time  he 
hadleftHichmond,  or  not?  A.  I  do  not  remember  that 
liedid,  but  it  was  a  very  few  dajs  before;  I  do  not  know 
whether  he  stated  it  or  whether  I  understood  it  from 
Mr.  Thompson,  or  how,  but  the  understanding  was 
that  it  was  a  very  short  time  before;  he  was  just  from 
Eichmond,  as  I  unilerstood  It. 

Cross-e.xamined  by  Mr.  Doster.— Q.  Did  you  ever  see 
the  prisoners,  PayueorAtzeroth,  in  Canada?  A.  No 
sir;  I  do  not  think  I  ever  saw  either  of  them  any- 
where (the  prisoner,  George  A.  Atzeroth.  stood  up  lor 
identification);  no  sir.  I  have  no  recoUectiou  of  ever 
seeing  liim;  I  think  not. 

Q.  You  .state  tbat  you  had  never  seen  the  prisoner, 
Payne,  in  Canada?  (Payne  stood  up  for  identihcation.) 
A.  I  have  no  recollection  ot  it.  « ' 

Cross-examined  hy  Mr.  Aiken.— Q,  When  did  you 
leave  Kichmond  to  go  North?    A.  In  Uecember,  18(iL;. 

Q.  Did  you  go  Imniediately  to  New  York?  A.  Yes 
sir. 

Q.  Did  you,  in  New  York,  make  an  arrangement  to 
become  the  correspondent  of  the  Ti-ihune-^  A.  No  sir; 
I  contributed  articles  which  were  published,  and  my 
arrangements  were  made  in  writing  afterwards;  the 
first  article  I  contributed  was  from  this  city. 

Q.  Was  the  arrangement  made  in  New  York?  A. 
No  sir:  it  was  made  b.v  letter. 

Q.  Where  was  it  made?  A.  It  was  made  in  answer 
to  my  first  communication;  I  enclosed  the  letter  for 
publication  to  the  editor  of  the  New  Yorl^  Tribune, 
which  was  put  out,  and  I  was  requested  to  continue 
my  correspondence,  and  do  so.  and  received  compen- 
sation from  time  to  t  Ime. 

Q.  What  I  want  to  get  at  is,  where  you  were  at  the 
time  you  were  engaged  as  a  correspondent  of  the  Tri- 
bune; were  you  in  Washington  at  the  time  you  made  a 
regular  connection  with  the  T^-ibuiie;  a  correspondent. 
A.  Yes  sir. 

Q.  Then  how  soon  did  you  go  to  Canada?  A.  I  went 
to  Canada  last  October. 

Q.  In  addition  to  being  a  correspondent  of  the 
Tribune  were  you  in  the  service  and  pay  of  our  Govern- 
ment?   A.  No  sir. 

Q.  Ilave  you  ever  received  compensation  orpavfrom 
our  Government  lor  services  rendered?  A.  Not  one 
cent  nor  promise. 

Q.  Did  you  give  out  while  in  Canada,  was  it  gener- 
ally understood,  that  you  were  a  correspondent  of  the 
Tribune.  A.  No,  sir;  it  was  understood  that  I  was  a 
Eebel. 

Q.  When  j'nu  asked  these  gentlemen  whom  you 
tave  named,  if  they  had  items  that  would  be  fit  for 
publication,  what  paper  did  they  suppose  vou  were  in 
correspondence  with?  A.  I  never  asked  tliem  for  any 
items,  they  never  supposed  1  was  a  correspondent  lor 
any  paper. 

Q.  You  said  something  about  items  for  a  paper.  A. 
I  was  seeking  items,  but  I  did  not  ask  for  them;  what 
I,  however,  learned  in  conversation,  and  learned  from 
these  parties,  was  because  they  supposed  that  I  was  a 
Rebel,  and  was  in  their  confidence, 

Q.  Then  they  never  had  any  means  of  knowing 
that  you  were  a  correspondent  of  the  Tribunef  A. 
No  sir. 

Q.  Were  yon  admitted  freely  to  their  meetings?  A. 
Yes  sir,  riulte  so. 

Y.  And  to  their  confidence,  too?  I  thinkso.  sir;  the.y 
may  have  had  secrets  that  I  am  not  aware  of,  but  I 
certainly  knew  of  a  great  many  of  their  matters  that 
tliey  intended  to  keep  secret  from  the  pubhc. 


Q.  Was  the  disclosure  of  the  intended  raid  on  Og- 
dcnsburg  published  in  the  K-i^ioir.'  A.  I  tliink  it  was; 
1  contributed  a  letter  with  inlbrmatiou  of  that  kind 
in  it. 

Q.  Did  I  understand  you  as  stating  to  the  Court  that 
you  also  communicated  to  the  2'rif;u«c  something  of 
the  plot  about  the  assa.ssination?  A.  Yes  sir;  I  wrote 
tliem  on  that  subject. 

Q.  Did  you  communicate  it  to  any  one  else?  A.  No 
one  but  to  the  Tribune  and  my  own  laniily. 

ti.  What  w.as  your  idea  In  not  communicating  that 
iniDortant  intelligence  at  once  to  the  Goveruiuent,  in- 
stead of  to  the  Tribunrf  A.  I  supposed  that  in  giving 
it  to  the  Tribinic  that  it  am  on  n  leu  to  the  same  thing  as 
gi\ingit  to  the  Government;  I  supposed  that  the  rela- 
tions between  the  editor  and  proju-ietors  of  the  Tribune 
and  the  Government  were  such  that,  they  would 
lose  no  time  in  giving  their  inroriaatiou  on  the 
subject,  and  I  did  not  choose  to  have  the  inlormation 
goto  the  Government  directly  (rom  me,  in  regaid  to 
this  as  in  regard  to  some  other  secrets  of  the  Kebels  in 
Canada  that  I  have  exposed;  I  requested  Mr.  Gay,  of 
\\\o  Tribune,  to  give  inlormation  to  the  Government, 
and  I  believe  lie  has  Ibrmerly  done  so. 

ti.  You  must  have  been  aware,  iis  a  newspaper  man, 
that  itlliefaet  was  published  in  the  newspapers,  it 
would  defeat  the  opportunity  of  capturing  the  parties? 
A.  Certainly  so,  sir. 

Q.  How  many  times  did  you  see  Surratt  in  Canada? 
A.  I  saw  liim  for  three  or  lour  times  in  succession,  I 
think  in  April  last. 

tj.  In  whose  room  did  you  meet  him?  A.  I  saw 
him  in  Mr.  Jacob  Thompson's  room;  I  also  saw  him 
in  Mr.  Sanders'  room  once. 

Q.  Had  j'ou  any  conversation  with  cim  personally? 
A.  I  had. 

Q.  What  did  he  say  to  you?  A.  Nothing  more  than 
speaking  about  Kichmond.  and  asking'hini  how  it 
looked,  and  what  changes  there  wcrein  it. 

U.  lie  never  said  anything  to  jou  personally  himself 
about  the  intendc^d  assassination?  A.  No  sir,  only 
what  was  said  in  Mr.  Thompson's  room;  I  was  Intro- 
duced to  him  by  Mr.  Sanders;  that  was  the  first  I  had 
seen  of  him. 

Q.  Since  you  learned  of  the  assassination,  to  whom 
did  you  communicate  your  previous  knowledge  of  it? 
A.  To  the  Tri/vuHf;  people? 

Q.  Did  you  go  in  Canada  by  the  name  of  Sandford 
Conover?    A.  No  sir. 

Q.  What  name  did  you  go  by  there?  A.  James  Wat- 
son Wallace. 

Q.  Fix  the  precisedate,  if  yon  can,  when  you  met  Mr. 
Surratt  at  Mr.  Tliompson's  rooms?  A.  I  could  not  say 
within  two  or  three  davs:  I  think  it  might  have  been 
the  7th,  or  8th.  or  9th  of  April. 

Q.  On  or  about  that  lime?  A.  Ves  sir,  it  was  near 
that  time. 

(J.  Did  .vou  learn  anything  while  in  Canada  of  tlie 
attempt  to  tire  the  city  of  New  York?  A.  Yessir,  I 
heard  the  matter  discussed. 

Q.  Did  you  communicate  that  intelligence  to  any 
one?  A.  I  knew  nothing  of  it  until  after  the  attempt 
had  been  made. 

Q.  In  representing  yourself  to  those  parties  as  being 
agoodKebel,  and  being  in  confidence,  were  you  ever 
charged  with  the  execution  of  any  plot  or  project  of 
theirs?    A.  No  sir. 

Q.  Y'ou  never  received  any  p.ay  from  our  Govern- 
ment, or  from-  the  so-called  Conlederaie  Government, 
since  you  have  been  in  Canada?  No  sir;  from  no  one, 
except  the  New  York  Tribuuf. 

Q.  Did  .vou  sign  your  name  to  the  articles  in  the 
Ti'ibune  that  were  published?    A.  No  sir. 

Q.  Gavenosignature?  A.  No  sir,  none  at  all;  it  was  not 
desirableto  the  publishers. 

Cross-examined  by  Mr.  Cox:— (1.  Did  you  hear  dis- 
cussed among  these  individuals  tlie  project  of  the  cap- 
ture of  the  President  and  conveying  hiin  off  to  Kich- 
mond? A.  Yes;  I  think  I  heard  tliat  talked  of  in  Febru- 
ar.v. 

Q.  Did  you  ever  attend  a  meeting  of  all  those  persons 
—Thompson,  Clay,  and  others?  A.  I  have  been  with 
Messrs.  Thompson.  Sanders,  Tucker,  Cleary,  and  Gen. 
Carroll  at  the  same  time. 

Q.  Have  you  ever  attended  a  meeting  tbr  the  purpose 
of  considering  plans,  of  hearing  among  themselves 
any  advices  Irom  Richmond?  A.  Not  for  the  purpose 
of  considering  au.v  plans. 

Cl.  Were  you  present  at  any  meeting  in  which  a 
letter  from  Davis  was  read?  A.  No,  ncjtwhen  it  was 
read,  those  letters  were  all  in  cipher,  and  I  merely 
heard  the  substance  of  them  repeated. 

Q.  Yon  spoke  of  Mr.  Thompson's  laying  his  hand 
upon  some  letter,  and  saying  that  made  it  all  right? 
A.  That  referred  to  the  despatches  from  Kichmond, 
brought  by  Surratt. 

Q.  That  w.as  in  April,  was  it  not?  A.  Y'es  sir.  It  was 
in  April;  I  had  previously  asked  Mr.  Thompson,  when 
he  lirst  suggested  that  I  should  participate  in  this 
affair,  if  it  would  nu  et  the  approbation  of  the  Govern- 
ment at  Kichmond;  he  said  he  thuuglu  it  would,  but 
he  should  know  in  a  few  days;  that  early  in  February. 

Q.  I  thought  I  understood,  you  to  state  that  he  said 
the  authority  was  given  in  February?  A.  No,  sir,  in 
April,  in  Surralt's  presence. 


140 


TraAL   OF   THE   ASSASSINS   AT  WASHINGTON. 


Q.  And  he  then  referred  to  those  papers  as  having 
furnished  the  asspnt?  A.  Yes.  sir. 

Q.  The  first  statement  in  February,  was  that  he  was 
expecting  despatclies  from  Richmond,  and  txpecied 
them  in  a  lew  days?  A.  Yes,  to  know  whether  the 
affair  would  receive  the  approbation  of  the  Govern- 
ment or  not. 

Q.  Did  you  understand  that  tliat  communication  in 
April  was  the  first  oliicial  apiiroval  tliut  they  hud  re- 
ceived irom  llichinond  of  the  plan  to  a<^Rassllulte  the 
President.  A.  I  understood  that  it  was  not  said  that 
it  was  the  first,  but  I  Icnew  no  others. 

Q.  You  understood  that  was  the  tirst?  A.  Y^es  sir;  I 
Inferred  that. 

By  Mr.  Ailien.— Q.  In  all  your  conferences  and  fa- 
miliar intiTvieus  with  tliose  llebels  in  Canada  did  .vou 
ever  liear  the  name  of  Mary  K.  Surratt  meutioned  as  a 
friend  of  tlieirs?    A.  I  never  did. 

By  Assistant  Judge  Advocate  Bingham.— Q.  Did  you 
Btate  in  answer  to  one  of  the  questions  put  to  .vou  ou 
tlie  examination  anything  aliout  a  reniarli.  by  Mr. 
Jacob  Tliomii.sou,  that  it  was  not  murder  to  l;ill  a 
tyrant?  A.  Yes  sir;  he  said  that  killing  a  tyrant  in 
such  a  case  was  no  murder,  and  he  asked  me  at  the 
sametimeifl  liad  ever  read  tlie  work  entitled  "Kill- 
ing no  Murder,"  a  letter  addressed  by  Colonel  Titus  to 
Oliver  Cromwell. 

Q.  In  what  conversation  was  it  that  Jacob  Thomp- 
son made  use  of  that  e.xpression?  A.  That  was  in  the 
convprsation  in  February. 

Q.  Was  it  in  that  conversation  he  named  the  Cabi- 
net officers  and  others  that  were  to  be  victims  of  this 
conspiracj'?  A.  Yes  sir:  it  was  at  that  time  Mr.  Ham- 
lin was  to  have  been  included  had  the  scheme  been 
carried  out  before  the  fourth  of  iNtarch. 

Q.  Was  he  named  especially?  A.  Y'es  sir,  with  the 
rest. 

Q.  Were  the  parties  that  you  have  enumerated 
named  also  in  Februarj'?    A.  Yes  sir. 

Q.  What  members  ot  the  Cabinet?  Q.  The  Secre- 
tary of  War.  the  Secretary  of  State,  General  Grant, 
Judge  Chase,  the  Mce  President  and  President  Lin- 
coln. 

Q.  In  April  who  else  was  named?  A.  The  same 
persons,  with  the  exception  that  Mr.  ITamlin  was 
omitted  and  Vice  President  Johnson  put  in  his  place. 
By  the  Court.— Q.  You  have  stated  that  you  were  a 
conscript  in  the  Kebal  service?  in  what  State  were  you 
conscripted?    A.  South  Carolina. 

By  Assistant  Judge-Advocate  Bingham.  —  Q.  Of 
what  State  are  you  a  native?    A.  New  York. 

Q.  Where  were  you  residing  when  you  were  con- 
scripted?   A.  Near  Columbia.  South  Carolina. 

By  the  Court.— How  did  you  come  from  Richmond? 
A.  Iran  the  blockade;  I  walked  it  most  of  the  way;  I 
roae  in  tlie  cars  to  Hanover  Junction,  and  from  there 
walked. 

Q.  By  way  of  the  Potomac?  A.  I  came  up  through 
Bnickersviile  to  Charlestowu,  Virginia,  and  from  there 
to  Harper's  Ferry,  and  so  on. 

Q.  As  I  understand  you,  you  said  you  saw  those 
blank  commissions  that  were  signed  by  Sedden, 
Secretar.v  of  War,  to  be  given  to  the  persons  that  were 
lobe  engaged  in  the  assassination  <^f  the  President 
and  Cabinet?  A.  X  saw  commissions  after  they  had 
been  filled. 
Q.  In  Canada?    A.  Y''es.  sir. 

Q.  Did  you  see  how  much  of  them  was  blank,  when 
they  came  there  from  Richmond?  A.  They  were  all 
blank  but  the  signatures. 

Q.  Was  there  no  grades  of  rank  in  them?  A.  No 
sir,  that  was  put  on  by  the  agents  themselves;  they 
conferred  these  commissions  at  pleasure. 

Q.  Did  you  understand  that  these  commissions 
were  to  be  given  upon  their  engaging  in  this  aflair 
as  sort  of  cover  in  case  they  were  taken,  or  that 
they  were  to  go  into  the  army?  A.  It  was  a  cover, 
60  that  in  case  they  were  detected  they  could  claim 
that  they  were  Rebel  soldiers,  and  would  therefore 
claim  to  be  treated  as  prisoners  of  war.  and  it  was 
understood  that  they  would  be  protected  as  such. 
Q.  These  commi!>sions,  you  say,  were  to  be  given  to 

tljem  as  soon  astliey  engaged  in  tliis  enterprise?  A. 

By  Mr.  Stone.— Q.  Were  these  commissions  to  be  con- 
ferred principally  as  a  reward  for  carr.viug  out  this 
a.ssa3siucition  project,  or  for  any  of  these  enterprises 
that  were  prosecuted  on  the  borders?  A.  It  was  to 
enable  the  parties  upon  whom  they  were  conierred  to 
actolBcially  as  Rebel  soldiers,  and  be  protected  as 
such  in  case  tliey  were  detected. 

Q.  Could  that  appl.v  to  anything  but  raids  on  the 
borders;  they  could  not  expect  an  assassin  to  be  pro- 
tected by  a  ccimmissiou?  A.  It  was  no  murder,  Mr. 
Thompson  said. 

Q.  Did  the  giving  these  commissions  have  reference 
to  the  a^siissination,  or  embrace  alt  enterprises  on 
the  border?  A.  It  embraced  the  whole  of  them,  but 
1  think  Booth  was  especially  commissioned  for  this 
purpose;  the  commissions  were  all  in  blank;  the  com- 
mission of  B.  11.  Young  was  a  commission  of  the 
Bame  sort,  and  was  filled  up  and  conferred  by  Mr. 
Clay;  he  never  was  in  Richmond  at  all. 

By  Assistant  Judge  Advocate  Bingham— Q.  I  forgot 
to  ask  you  what  time  it  was  you  saw  J.  Wilkes  Booth 
In  Canada?   A.  I  saw  liim  in  the  latter  part  of  October, 


Q.  With  whom  was  he?  A.  I  saw  him  with  Sanders 
at  iMr.  Thompson's,  but.  more  about  the  St.  Lawrence 
Hotel;  he  was  strutting  about,  dissipating,  playing  bil- 
liaids.  &c..  &c. 

By  Mr.  Cox.— Was  it  in  February  that  Mr.  Thomp- 
son feaid  he  had  conferred  one  commission  on  Booth? 
A.  It  was  in  the  early  part  of  February,  or  it  might 
have  been  the  latterpart  of  Januarv. 

By  the  Court.— Q.  Did  tlio  same  party  that  planned 
the  assassination  plan  the  burning  of  New  York  and 
oiliiT  cities?  A.  I  do  not  know  anything  further 
thtm  that  I  have  an  opinion  on  the  subject;  I  pr^ 
sume  they  did. 

Q.  Is  it  your  belief  that  they  did?    A.  Y'es  sir. 

Q.  This  same  party?  A.  I  have  heard  them  talk 
of  some  other  enterprises  of  the  same  sort;  some  they 
have  under  consideration  now;  the  same  men  planned 
the  St.  Albans  raid. 

CJ.  Were  the  commissions  j'ou  speak  of  similar  to 
those  issued  by  the  Government  to  army  officers?  A. 
The.v  were  merely  signed  by  the  Secretary  of  War  and 
not  by  the  Presider  t. 

By  Mr.  Aiken.— Q.  Y'ou  referred  to  the  same  party, 
in  speaking  of  the  St.  Albans  raid:  what  party  do  you 
mean?    A.  Mr.  Thompson  and  Sanders. 

Q.  You  do  not  mean  Surratt  and  Booth?    A.  No  sir. 

Q,.  Were  these  commissions  signfd  by  Jefferson 
Davis  in  blank?  A.  No  sir;  by  James  A.  Sedden,  Sec- 
retary of  War. 

By  Associate  Judge  Advocate  Bingham.— Q.  Is  it 
not  the  custom  for  the  President  to  sign  them  also? 
A.  They  have  not  lived  long  enough  to  have  a  cus- 
tom; on  the  trial  of  the  St.  Albans  raiders  General 
Cariol  and  a  number  of  other  officers  of  the  Confede- 
rate arm  testified  that  the  custom  was  that  Rebel  oUi- 
cers  had  their  commissions  signed  only  by  the  Secre- 
tary of  War. 

By  the  Court. —Q.  Are  you  familiar  with  the  ciphfTr 
which  they  had  in  the  Rebel  War  Department?  A.  No 
sir:  I  am  not. 

Q.  You  could  not  tell  one  if  you  should  see  it?  A.  I 
could  not. 

By  Associate  Judge  Advocate  Bingham.— Q,  I  am 
instructed  to  make  an  inquiry  of  you.  in  conse- 
quence of  a  question  asked  you  by  the  Court;  what 
conversation,  if  any,  did  you  hear  among  those 
Rebel  refugees  in  Canada  about  the  burning  of  New 
Y'ork  city  and  other  Northern  cities?  A.  There  was 
a  proposition  before  their  council,  their  junta,  to  de- 
stroy the  Croton  Dam.  by  which  thecity  of  New  York 
is  supplied  with  water,  and  it  was  supposed  it  would 
nat  onlydamage  the  manufactures,  but  distress  the 
people  generally,  everywhere:  but  Mr.  Thompson  re- 
marked that  they  would  haveplenty  of  fires,  and  the 
wholecity  would  soon  be  destroyed  by  a  general  con- 
flagration, and  without  sending  any  Kennedy,  or  any- 
body else  there,  and  if  they  had  thoughtof  this  schema 
before,  thev  might  have  saved  some  necks. 

Q.  When  did  he  say  that  ?  A.  That  was  a  few  weeks 
ago. 

Q.  Who  was  present  when  he  said  that?  A.  Mr. 
Thompson.  my?elf,  Mr.  Sanders,  Mr.  Castleman  and 
General  Carroll. 

Q.  Do  you  know  of  anything  being  said  between 
those  parties,  or  any  others,  ofthe  same  man  j-ou  have 
named  in  regaid  to  the  description  from  Chicago  last 
year.  A.  I  heard  a  very  great  deal  of  talk  about  it, 
and  know  they  had  arms  concealed  there,  and  that 
the.v  had  a  large  number  of  men  concealed  away  ai 
Chicago:  sume  eight  hundred  men  there. 

Q.  Did  Thompson  and  the  others  state  for  what  pur- 
pose?   A.  Releasing  the  prisoners,  it  was  understood. 

Q.  What  prisoners?  A.  At  Camp  Douglas,  I  think 
thev  called  it,  or  Camp  Chase,  or  whatever  camp  it 
may  have  been  in  which  thev  were  confined. 

Q.  Y'ou  mean  Rebel  prisoners?  A.  Yes  sir;  I  think 
thev  called  it  Camp  Douglas. 

[the  Commission  then  adjourned  until  Monday 
morning.  May  2'2d,  at  10  o'clock.  Monday  morning 
May  22d,  Sanford  Conover  recalled   for  the  prosecu- 

tlcii'-]  ,    ,_, 

By  the  Judge  Advocate.— Q.  You  have  probably  ob- 
served that,  in  some  judicial  proceedings  which  have 
recently  taken  place  at  Nassau,  it  has  been  made  to 
ajipear'that  a  certain  Dr.  Blackburn  p.ieked  a  number 
of  trunks  with  clothes  infected  with  the  yellew  fever 
for  the  i)urpose.  through  them,  of  intniducing  the  pes- 
tilence into  the  city  of  New  York;  I  wish  you  to  state 
whether  or  not  the  Dr.  Blackburn  referred  to  in  those 
proceedings  is  or  is  not  the  same  person  to  whom  you 
referred  in  your  testimony  on  Saturday  as  being  in  in- 
limate  association  with  Thompson,  Clay,  and  others? 
A.  It  is  the  same  person,  but  I  never  saw  him  with 
Clay. 

Q.  Will  you  state  the  persons  whom  you  saw  a* 
sociating  with  this  Dr.  Blackburn,  in  Canada?  A. 
Jacob  Thompson,  George  N.Sanders.  Lewis  Sanders, 
son  of  George,  ex-Governor  Westcott,  of  Ilorida{ 
Lewis  Castleman,  William  C.Clearj'. 

Q.  Was  Clav  among  them?  A.  No  sir,  I  never  saw 
Clav  with  them;  also,  Mr.  Porterfield,  Captain 
Magruder,  and  a  number  of  Rebels  of  lesser  note. 

Q.  State  wlirther  or  not  this  Dr.  Blackburn  was  re- 
cognized there  and  known  as  an  agent  of  the  so- 
called  Confederate  States.  A.  Yes  .sir:  he  was  said 
to  be  an  agent,  and  represented  himseif  as  an  agent. 


TRIAL   OF  THE  ASSASSINS  AT  WASHINGTON. 


EDWARD  SPANGLEB. 


G.  A.  ATZEROTH. 


SAMUEL  ARNOLD. 
10 


MICHAEL  O'LAUGHLIN. 


■ll^^- 


TRIAL   OF   THE   ASSASSINS    AT  WASniXGTOX.  141 


Q.  Just  as  Jacob  Thompson  was  an  agent?  A.  Yes; 
yes. 

Q„  Will  you  state  wlipther  ornot  you  had  any  con- 
suUation  among  these  men  upon  Uie  suitjec' ot"i!\lro- 
ducing  llie  jiesiilence  into  the  cities  of  the  Uniteci 
States,  and  what  was  said,  and  when?  A.  In  January 
last  I  knnvv  of  Dr.  BlacUbura  s  employins  a  person  to 
accompany  h'm  lor  that  pur;>ose. 

tj.  Name  tlie  party?  A.  Mr.  John  Cameron,  for  the 
purposeof  tak'ngciareeni  poodsarid  n-hig  ngthem 
toihedt.es  of  New  York,  Philadelphia  auii  Wasuins- 
ton.as  I  understood. 

y.  You  mean  goods  infected  with  yellow  fever?  A. 
Yes  sir:  1  heard  Dr.  liackbnrn  say  tliat  nhdiu  a  year 
belore  that  time  he  had  endeavored  to  introduce"  ilie 
fever  imo  New  York,  but.  lor  s.jme  n'  son  wincu  I  do 
not  rememljer,  (ailed;  ho  wimic  'rvmi  M  .utreal  al)Outa 
year  a','0  last  January  to  Bermuda. or  some  of  the 
West  India  islands,  lor  tnee.xprcss  purpose  of  attend- 
ing cases  of  yellow  fever,  collecting  iii.ected  clothin  r, 
also. and  forwarding  it  to  New  York,  but  forsome  rea- 
son the  scheme  failed. 

Q.  Did  you  learn  on  his  return,  in  the  course  of  that 
consuitat.on.  wliat  he  bad  d'.ne  and  what  hart  inter- 
fered, if  anything  had,  to  lead  to  a  laiiure  of  i  he  enter- 
prise? A.  1  have  seen  him,  but  not  to  speak  to  him 
since  his  rel;:rn. 

Q.  Was  Jacob  Thompson  present  at  these  con- 
sultations? A.  On  one  occasion  1  r?member  ,Iac(jb 
Thompson,  and  Mr.  Clay,  and  I  think  also  Lewis 
Sanders. 

Q.  Will  you  state  whether  or  not  they  concurred  in 
the  enterprise  of  Dr.  Blackburn  mtrud  icing  the  pesti- 
lenceintlie  manner  iiidic  ited?  A.  Yes  sir:  they  all 
favored  it.  and  were  all  verj'  much  interested  in  it; 
at  this  t.m"  p  was  proposed  lo  destroy  ihe<.'rol(ni  dam, 
and  Dr.  Blackhnni  projjosed  to  poismi  the  reserv<iir, 
and  made  a  calculation  of  the  amount  of  poisonous 
niattir  it  w^aild  require  lo  Imi-iregiuite  the  water  so  far 
as  to  render  an  ordinary  draught  poisonous  and 
deadly. 

Q.  ilad  he  taken  the  measure  of  the  aqueduct,  so 
as  to  ascertain  what  amount  would  be  icquired?  A. 
He  liad  me  capacity  oi  the  reservoirs,  and  the  amount 
of  water  that  wasgenerally  kept  in  tiiem. 

Q.  Was  the  kind  of  poison  which  he  proposed  to 
use  mentioned?  A.  h^.trychnine,  arsenic  and  acids— 
prnssic  acid,  and  a  number  of  others  wnich  I  do  not 
remember. 

Q.  Did  he  or  not  regard  the  .scheme  as  a  feasible  one? 
A.  Y'es;  Mr,  Thompson,  however,  ieared  it  would  be 
impossib'.e  to  collect  so  large  a  quantity  of  poisonous 
matter  witho'it  e.xcitiiig  suspicion,  and  leading  to  the 
detection  (if  the  parties:  but  whether  the  scheme  has 
been  entirely  abandoned  or  not  I  do  not  know:  so  lar 
as  the  blowing  up  of  the  dam  is  concerned  it  has  not 
been 

Q.  Will  you  state  whetlier  or  not  Thompson  fullv 
approved  of  the  enterprise,  if  practicable?  A.  Yes 
Bir. 

Q.  D;scus=ed  it  freely?    A.  Yes  sir. 

Q.  Did  the  other  persons  whom  you  have  named 
also  discuss  it  and  approve  it?  A.  Mr.  Lewis  Sanders 
and  Mr.  fie  iry,  I  remember  very  well,  did. 

Q,  Whin  was  this  matter  discussed?  A.  In  Januarj- 
last;  I  have  heard  it  spoken  of  since, 

Q.  Among  the  same  persons?  A.  Witii  the  excep- 
tion of  Dr.  Blackburn. 

Q.  1'  was  spoken  of  by  a  Mr.  Montross?  A.  Palton, 
Of  Mississippi:  also,  a  llebel  who  had  been  a  medical 
purveyor  in  the  Kebel  army. 

Q.  Wlieredoe-i  the  agent,  John  Cameron,  of  whom 
you  speak  us  having  lieen  employed  by  Dr.  Blackburn 
for  this  puriose,  live?  A.  lie  has  lived  in  Montreal; 
he  declined  t  >  go,  being  fearful  of  taking  the  yellow 
fever  and  dyng  liimself 

Q.  iDo  yon  know  whether  a  large  compensation  was 
ofl'ered  him?  A.  Y'es  sir;  to  the  extent  of  several 
thousand  dollars,  he  tild  me. 

Q.  Did  you  understand  whether  this  was  to  be  paid 
byJacobTlionipson?  A.  I  undeistoodhyDr.Blackbnrn 
oi'  by  tlu'a'.;eiits;  I  think  Mr.  Thonipsonvvas  the.iionied 
agetit  f  ir  all  the  ether  agents:  I  think  they  all  drew  on 
him  lorwhat  money  they  received;  I  know  that  some 
of  them  dill. 

Q.  You  say  thiit  up  to  the  time  when  you  left 
Canada,  or  at  the  assa,ssi nation  of  the  President,  you 
didnot  know  whetherthis  enterprise  for  poisoning  the 
peopleof  the  city  of  New  Yoik  liad  been  abandoned 
or  not  by  thi^se  conspirators?  A.  No  sir,  I  did  not 
knfiw  whether  it  had  been  abandoned;  solar  as  the  de- 
struction 01  tlie  dam  is  concerned  that  part  of  the 
scheme  hail  not  been  abandoned. 

Q.  Toe  only  dilliculty  which  Jacob  Thompson  sug- 
gested, 1  undersiood  yon,  was  that  the  collection  of  so 
large  an  amount  of  poison  might  attract  attention  to 
the  operation?  A.  Y'es  sir;  iMr.  Thompson  made  .a 
suggestion  of  that  kind,  but  Mr.  Pattin  and  others 
thought  it  could  be  managed  in  Europe. 

Q,  Pattin  himself  is  a  physician,  is  lie  not?  A.  Yes 
sir. 

Q.  State  whether  in  connection  with  this  enterprise 
for  introducing  pestilence  to  our  cities  j'ou  have  Iieard 
mentioned  the  name  of  Harris  as  an  agent  in  any 
way?    A.  I  do  not  distinctly  remember  that  I  have;  X 


think  I  have  heard  him  mentioned,  but  J  have  never 
seen  the  iier-on. 

Q.  Have  you  any  rerollection  as  to  where  he  proba- 
bly resided  at  that  time?    .A.Toronto,  I  lliink. 

Q.  You  have  no  knowledge  of  aiiv  i)art  he  actually 
perlormed.  orundert.iok  to  piTlorni?  A.  Nosir-  ttiere 
were  other  piirties  in  iMontnal  that  Dr.  Blackburn 
had  a'so  employed,  or  eiuh-avoreil  to  employ,  hut  I 
don't  remember  their  names  at  the  present 'time-  I 
know  the  parties  very  well  by  sight  when  1  see  them: 
there  were  two  medical  students. 

Q..  Do  you  know  whether  any  of  these  persons  ac- 
companied him  when  he  went  lo  Bermuda  for  the  pur- 
pose of  carrying  out  his  plans?  A.  I  do  not  know:  I 
ihink  one  of  them  did;  I  have  seen  him  since,  how- 
ever, I  saw  him  witnDr.  Blackburn  two  or  three davs 
beiore  I  left  lor  New  'S'ork. 

Q.  Dill  yon  not  while  in  Canada  make  the  acquaint- 
ance olDr.  8tu.irt  Kobinson,  a  Doctorof  Divinity,  who 
was  a  re  ugee  from  Kentucky?  A.  Yes  sir;  residing 
inToroulo;  he  has  been  editor  of  a  iiaper  in  Ken- 
tucky, which  I  think  has  recently  been  suiipressed. 

Q.  Was  he  or  nit  jiresent  ataiiy  of  these  conversa- 
tions of  which  yon  have  spoken?  A.  He  has  been 
present  when  someof  their  schemes  were  heingois- 
riissiJd;  I  do  not  remember  whether  he  was  present 
wlieu'the  yellow  fever  project  was  discussed  or  not,  or 
wheiheritwas  when  it  was  proposed  to  iioison  the 
C!roton  water,  but  on  one  of  these  occasions  he  was 
present, 

Q,  Will  you  state  whether  on  that  occasion  he  ap- 
probated the  scheme?  A.  He  approved  of  it:  heap- 
proved  of  anything:  hesaid  that, anything  that  could 
be  done  under  heaven,  would  be  justifiable  under  the 
circuinstaiicps;  that  was  his  expression. 

Q.  He  proiiounceil  that  as  an  exponent  of  divinity? 
A.  Yes  sir;  he  is  related  to  the  Breckenridges  of  Keii- 
tucky,  I  think. 

Q.  Is  he  not  regarded  as  one  of  the  most  violent 
of  all  the  traitors  who  have  taken  refuge  in  Canada? 
A.  Yes  sir. 

Q.  Have  you  seen  John  H.  .Surratt  in  Canada  since 
the  assassination  of  the  President?    A.  Yes  sir. 

Q.  On  what  day  did  you  see  him,  do  you  remember? 
A.  1  think  it  was  three  or  four  days  aiter  the  assassina- 
tion. 

Q.  Where  at?  A.  I  saw  him  in  the  street  with  Mr. 
Pnrtertield. 

ti.  Who  is  Mr.  Porterfield?  A.  Mr.  Porterfield  is  a 
Southern  gentlemen  made  a  British  subject  by  a  spe- 
cial act  of  theCanailian  P.iil lament. 

Q.  He  is  from  tbeSouih?  A.  Yes  sir,  he  has  been  for 
some  time  a  broker  or  banker  there;  he  took  charge  of 
tlieSt.  Albans  plunder  frointhe  Ontario  Bank,  when 
prematurely  given  up  by  Judge  Conrsol. 

Q.  He  is  oueof  the  in.imate  a.ssoeiates  of  the  South- 
ern traitors?  A. 'Very  intimate  with  Thompson  and 
Sanders. 

By  IMr.  Aiken.— Q.  At  what  time  didyou  say  you  saw 
Surratt  in  Canada  after  the  assassination?  A.  I  think 
it  might  have  been  three  or  tour  days;  it  might  have 
bein  a  day  more  or  less  either  way. 

By  thetonrt.— Q.  Is  the  Captain  Magruder  you  men- 
tion the  same  who  was  formerly  in  the  United  States 
Navy?  A.  Y'es  sir,  a  brother  of  General  Magruder  of 
the  Kebel  army. 

Q.  Can  you  state  the  full  name  of  this  iDr.  Blackburn, 
and  wiiat  State  he  is  from?  A.  I  do  not  know;  I  think 
hoi-ifrom  Mississippi,  but  lam  not  sure;  I  do  not  think 
I  ever  heard  his  full  name, 

Q.  Was  there  only  one  Dr.  Blackburn  about  there? 
A.  That  is  all;  it  is  the  same  parly  who  was  connected 
with  tlio  yellow  fever  project;  there  is  no  doubt  about 
its  being  one  and  the  same  person. 

By  Judge  Holt.— Q.  Will  you  state  .your  age,  and 
where  you  were  born  and  educated?  A.  I  am  twenty- 
eight  years  old;  born  in  New  Y'ork  and  educated 
there. 

Q.  I  tinderstood  you  to  say  the  other  day  that  you 
were  conscripted  and  lorced  into  the  Kebel  service?  A. 
Yes  sir. 

Q.  And  you  escaped  on  the  first  moment  you  had  an 
opportunity?  A.  Yes  sir;  after  being  detailed  as  Clerk 
in  the  War  Department. 

Q.  Will  you  state  whether  ornot,  throughout,  you 
have  not  been,  in  your  convictions  and  feelings,  loyal 
todhe  Government  of  the  United  States?  A.  I  have 
always  been  so. 

Q.  ilave. you  or  not  personal  knowledge  that  Jeffer- 
son Davis  was  the  head  of  the  so-called  Confederate 
States  and  was  called  its  President,  and  acted  as  such, 
controlling  its  armies  and  civil  administration?  A.  It 
was  a  matterof  public  notoriety  in  the  otHces controlled 
by  him,  and  I  also  saw  himiact  as  such. 

Q.  In  the  War  Department,  when  you  were  detailed 
as  an  officer  he  was  fuliy  recognized  as  such?  ti.  Y'es 
sir. 

Q.  I  am  not  .sure  whether  you  have  stated  precisely, 
it  you  have  not  done  it  I  wish  you  would  state  who 
\vere  present  at  the  conversation  which  you  had  with 
Jacob  Thompson  early  in  April  when  he  laid  his 
hand  on  the  despatches?  A.  Mr.  Surratt,  General 
tarroll  I  think,  myself,  and  I  think  Jlr.  Castleman, 
and  I  believe  there  were  one  or  two  others  in  the 
room  sitting  further  back. 


142 


TRIAL   OF  THE   ASSASSINS  AT  WASHINGTON 


Q.  Can  yoii  state  whether  any  of  them  participated 
in  the  conversation?  A.  Ueiieral  CaiTOll.  ol't'ennos- 
see,  d'd.  He  was  more  anxious  that  Mr.  Johnson 
should  be  killed  tlian  auybod  v  else. 

Q.  Did  heso  expresHliiniselt?  A.  FTndid;  he  said  that 
it  the  -w-  prick-louse  was  not  killed  by  somebody 
he  wDiiKrkiU  him  himself. 

Q.  Hid  lie  refer  by  that  expression  to  the  then  Vice 
President,  Johnson?  A.  Yes  sir,  thai  was  his  expres- 
sion. 

Q  What  did  that  expression  mean?  A.  A  word  of 
contempt  liir  a  tailor;  it  is  a  tailor's  louse;  it  is  a  word 
of  coniempt  I'ur  a  tailor— at  let.st  WebsfT  f;o  defines  il: 
that  was  tlieseusoin  which  Carroll  us(^d  it. 

Q.  Was  it  not  the  sense  ol' those  present,  as  yon  Katli- 
ered  it  from  the  conversatiL.n.  that  they  regarded  the 
enterpris"  of  assassinating  tlie  President  fully  con- 
firmed by  the  Eebel  authorities  at  liichmond?  A.  That 
was  disi  nctly  sad. 

Q.  Will  yon  state  whether  or  not  yon  savv  J.  Wilkes 
Booth  rtssociatinsat  any  time  witli  Ceorue  N.  Sand- 
ers? A.  I  neversaw  nnothexco!>t<inoneday  and  even- 
in?,  and  thenhe  was  strn't'nK  about  the  St.  I.,a\vrence 
Hall,  as  I  have  already  s.Tid,  and  ho  was  in  cjnversa- 
tion  with  Sanders  and  Thompson;  I  saw  tliem  talking 
with  Bootii.  but  I  was  not  present  at  any  conversation 
with  either. 

Q.  Had  J.  Wilkes  Booth,  in  Canada,  in  association 
with  these  men,  any  nickname,  and,  if  so,  what  was  ii? 
A.  I  have  heard  him  called  'Pet." 

Q.  By  whom?  A.  I  do  not  distinctly  remember;  by 
several;  I  think  by  Thompson,  and  by  Cleary  I  am 
sure. 

Ci.  In  that  circle  of  men  you  have  mentioned  you 
found  him  so-called?  A.  Yessir:  T  can  speak  positively 
as  to  Cleary,  and  think  also  IMr.  Thompson. 

Q.  ThisStuart  Kobinson,  J).  D..  of  whom  you  have 
spoken,  i.s  he  not  the  edit'iroF  the  jonnial  called  the 
I'l-Hf  T'rrshi/terian,  ill  Kentucky?  A.  He  was. an  edi- 
tor, but  the 'paperhas  been  suppresseci,  hv  order  of  the 
Commandin'i  General  of  that. Department,  I  believe. 

Q.  You  have  heard  so?    A.  I  was  told  so. 

Q.  Were  yon  in  Canada  at  the  time  Kennedy  was 
executed  iii  New  York  for  having  fired  the  ciiy?  A.  I 
was. 

Q.  Was  his  execution  the  subject  of  conversation 
among  tlic  men  of  whom  you  have  spoken?  A.  Yes 
Sir.  a  great  deal. 

Q.  Will  you  state  whether  or  not  in  those  conversa- 
tions, the  crime  for  which  he  was  executed,  firing  the 
city  of  New  York,  was  rocogni.zed  as  havini  been  per- 
formed by  the  authority  of  the  Rebel  c^obernment?  A. 
It  was  by  the  direction  of  Mr.  Thompson. 

Q.  Did  you  learn  tliat  mncii  from  Mr.  Thompson 
him'self?  A.  Yes  sir.  I  think  I  may  say  I  learned  it 
from  Mr.  Thompson,  or  at  least  by  conversation  in 
his  presence. 

Q.  Keunedy  was  spoken  of  and  recognized  as  an 
agentolthe  Rebel  Government?  A.  Yes  sir;  Thomp- 
son said  Kenned.v  deserved  to  be  hanged,  and  he  was 
devilish  glad  lie  had  been  hang'd.  because  he  was  a 
Stupid  lellow and  had  managed  tilings  very  badly. 

Q.  On  the  ground  of  his  being  abumiler?    A.  Yessir. 

By  Mr.  Aiken.— Did  ynu  ever  meet  more  than  one 
Surrattin  Canada?    A.  No  S'r. 

Q.  Was  Surratt  introduced  to  you  as  coming  from 
Mi.ssi.'<sippi?    A.  No  sir. 

Q.  Was  the  plane  mentioned  whence  became.  A.  I 
do  not  remember  that  ilwas.  l)ut  1  was  let  with  t)ie 
impression  that  Surratt  w.as  from  Baltimore:  I  never 
heard  that,  and  I  do  not  know  howl  gained  the  im- 
pression, but  I  had  an  impression  oi'that  kind. 

Q.  Did  you  ever  hear  of  any  Surratts  irom  Mississip- 
pi wliile  yon  were  there?    A.  No  sir. 

Q.  Did  yon  have  a  regular  weekly  salary  from  the 
Tribtnir  (ir  were  you  paid  by  the  letter?  A.  I  was  paid 
by  the  letter. 

Q.  Wher- did  you  board  in  Montreal?  A.  I  boarded 
in  Craig  street  and  in  Monica  street. 

Q.  You  did  not  board  at  the  St.  I>awrencp  Hotel?  A. 
No  sir;  all  these  parries  f  have  named  did  not  board 
there;  some  did:  Mr.  Sanders  did  not,  and  Mr.  Tucker 
only  p.irt  of  the  time. 

d.  Where  did  Jacob  Thompson  board?  A.  At  St. 
Xavvrence  Hall. 


MONDAY'S  PRO€EE!>IXGS. 

The  record  of  the  previous  day  having  been  read, 
the  examination  of  witne.sses  was  cdniinued  as  lol- 
Icws:— 

Testimony  of  Kev.  "IVni.  K.  Evans. 

By  Judge  Advocate  Holt.— The  testimony  of  this 
witness  was  to  the  effect  that  he  was  well  ac- 
quainted with  J.  Seed  Jenkins;  knew  his  general 
reputation  to  be  thatof  a  disloyal  man.  though  in 
ISiil,  .and  previous  to  that  period  he  hail  pretended  to 
be  in  favor  of  the  Union;  had- knovvu  him  to  be  open 
and  out-spoken  in  his  sympathy  with  the  Rebellion; 
was  slightly  acqutiinted  with  the'jirisoner.  Dr.  Samuel 
A.  Mudd:  about  the  first  or  seeoiid  of  March,  wliile 
coming  to  Washington,  the  prisoner  passed  witness 
coming  in  the  same  direction,  and  entered  the  city. iust 
before  ivitniss;  did  not  see  llie  accused  in  the  city  on 
that  occasion;  neither  saw  him  return  uor  knew  where 
to  stopped  while  in  the  city. 


On  the  cross-examination  of  witness.conducted  by  Mr. 
Clamiiitt.  the  lollowing  evidence  was  adduced:— jlave 
been  adiuainted  with  Mr.  Jenkins  about  fifteen  yeai's; 
he  pretended  to  be  a  Union  nnan  in  IStil,  but  wiines.s 
lielieved  tiim  to  be  a  hypocrite;  knew  from  his  actions 
that  he  was  opposed  to  the  Government;  those  actioii.s 
consisted  in  liis  belting  that  the  South  would  suc- 
ceed, and  tiiat  the  country  would  go  to  ruin;  did*  not 
hear  him  use  these  expressions,  but  only  beard 
from  otners  that  he  had  made  use  of  them;  did  not 
know  that  he  was  a  loyal  man  in  l.S(;:j,  or  that  he  at- 
tempted to  iirocure  TTnion  votes  on  the  occasion  of  an 
election  in  Maryland;  knew  him  to  attempt  to  raise  a 
disturbanre  at  thepolls  in  order  to  keep  Union  men 
from  voting,  in  couseauence  of  which  he  was  arrested. 

Testimony  of  T.  B.  Robey. 

Townley  B.  Robey,  on  being  examined  by  Judge  Ad- 
vocate llali,  tesiihed  sub.stauiially  as  follows:— 

Have  kuowii  J.  Seed  Jenkins  for  several  years; 
from  my  personal  knowledge  of  his  uniforrii  con- 
duct and  conversation  I  have  known  him  to  be  one  of 
the  most  disloi'al  men  in  the  cumitry,  open  and  out- 
spokea  in  bis  hatied  of  the  Guvernment;  heard  him 
curse  the  Presideir  of  the  United  .States,  and  say  that 
old  Lincoln  olli  red  him  an  ollice.  but  hevvould  not 
hold»an  olhcu  under  such  a  damned  Government. 

Cross-examined  by  Mr.  Clampitt.— Have  known 
Mr.  Jenk  ns  lor  (our  or  five  years;  knew  him  to  be  a 
Union  man  and  a  Know-nothing  until  he  abandoned 
the  Union  party,  wiiich  he  did  iinmediaiely  upon 
losing  a  negro  servant,  which  he  had  held  as  a  slave; 
never  beard  of  any  attempt  on  his  part  to  secure 
Uiii'in  votes  in  M'ashington  by  inducing  citizens  of 
Maryland  to  return  to  their  residences,  tliougli,  on 
one, occasion,  in  l,8:il.he  hoisted  a  Union  flag;  never 
had  any  suit  against  Mr.  Jeiikins.'but  he  liadcom- 
ni enced a su i t  aga i lis t  Andre wB. Robey;  witnes.s-seenin 
coiisei|iience  of  liis  arrest  for  disorderl.v  behavior  on 
the  occasion  of  an  election  in  ISIaryland;  the  suit  was 
for  an  alleged  fa.se  impnsoment. 

Testimony  of  John  M.  Thompson. 

John  M.  Thompson,  on  being  examined  by  .fudge 
Advocate  Hnlt,  testiliod  that  he  had  known  Mr.  Jett- 
k.ns  fnr  many  years;  that  lour  years  ago  tliat'gentle- 
liian  waiiejiorled  to  l>e  loyal,  but  tliat  tor  the  last  two 
years  and  si.x  months  his  rcputatii-m  was  tVio  reverse 
of  that,  his  aliened  disloyalty  beiiigof  an  open  and  out- 
spoken character;  witness  himself  bad  been  loyal  to 
'he  Government  throughout  the  Rebellion;  witness 
lived  in  the  fan"'-''y  (/f  Mrs.  Surratt  lor  two  year.s,  and 
from  conversa'.ons  of  that  lad.v,  which  were  invari- 
ably against  the  Government,  he  believed  tier  to  be 
disloyal. 

Cross-examined  by  Mr.  Clampitt.— In  I.SGI  and  l,SG2 
Mr.  Jenkins  was  considered  a  Union  man;  in  isia  he 
wa.s  not;  witness  never  knew  of  his  cfiuiing  toVv'ash- 
ingti  nat  anytime  to  jirociirethe  votes  of  Union  citi- 
zens of  that  State  who  liad  moved  here  but  had  not 
lost  tl'cir  residences  in  MaryUmd;  at  onetime  Jenlcins 
raised  a  Union  flag,  but  ttiat  was  in  i;iiil,when  he  had 
the  reputation  of  being  alfi\'al'man;  witnesshad  heard 
him  sayttbat  he  hated  the  (iovernmeot,  but  had  not 
heard  him  stateaiiy  c  lusefor  his  hate;  in  repaid  to  the 
emancipation  p  dicy  in  the  Stale  of  ISlayrland  Jenkins 
said  that  it  we.sall  wrong;  never  heard  him  say  that 
liewas  a;?  gooda  Union  man  as  there  wasin  theState 
of  Maryland,  iHit  tiiat  he  was  opposed  to  some  of  the 
acts  of  "the  Administration. 

P,y  As.istaiit  Judge  Advocate  Burnett.- Q.  Which 
side  did  he  say  he  would  liglit  for  in  case  he  was  forced 
to  light?    A.  llesaid  li'j  would  go  for  theSouth. 

At  the  instance  (if  Mr.  U.wing,  counsel  for  the  pri- 
soner. Dr.  Samuel  A.  Jludd.  wlio  was  not  present  at 
the  opening  of  the  Cmirt,  the  following  witness  for  the 
prosecution  was  recalled,  and  his  cross-examination 
resumed:— 

Re-cross  examination  of  Rev.  W.  B,  Evans,  Pastor 
of  tlie  Fi  teenth  street  New  School  Presbyterian 
Church  (colored)  of  Washington,  by  jMr.  Kwing.— I 
am  actjuainted  with  the  prisoner.  Dr.  Samuel  A. 
Mndd;  I  have  seen  him  at  tiie.Catholic  C.iurch  at 
Bryantown;  it  was  in  December.  Is.-jO,  when  I  saw 
liiih  there:  was  never  intniduced  to  tiie  prisoner:  saw 
liini  alter  tliat  dill'"reiit  times  in  Wasiiiugton  City,  on 
the  street  and  about  the  hotels;  I  think  I  met  him 
once  in  the  National  Hotel;  tliink  I  s:uv  him 
last  winter  at  the  liou:  e,  or  going  into  the  hone  ofBIrs. 
Surratt;  I  cou.d  not  sty  what  time  last  winter  I  saw 
h'm.  niiless  1  referred  to  my  i  oiirnal:  I  never  visited 
Mrs.  Surratt's  house;  the  house  wliicli  I  saw  the  pri- 
soner enter  was  on  it  street.  I  think,  between  Ninth 
and  Tenth  or  Kiylitli  and  Ninth  streets;  I  suppose  it 
was  Mrs.  Stirrtitl's  house;  1  asked  a  policeman.  I  be- 
lieve, at  the  time,  and  also  .asked  a  lady  standing 
on  the  pavement,  whoso  house  I  was  that, 
indicating       the     one       into      which  s;iw      the 

prisoner  enter,  and  was  told  it  was  Mrs.  surratt's 
house:  I  could  not  positively  say  whether  itwasor 
not;  do  not  recollect  exactly  between  what  streets 
the  house  was  situated,  t.iough  T  think  it  was  between 
the  Patent  ollieeand  the  President's  house;  could  not 
say  whether  itwasa  two  or  three-story  house:  do  not 
r  collect  whether  it  stood  out  square  on. the  pavement, 
or  stood  back;  cannot  say  whether  there  was  a  portico 


TRIAL   OF   THE   ASSASSINS   AT   WASHINGTON. 


143 


in  front ;  the  house  \^s  on  the  south  side  or  IT 
streei  ;  I  was  riiliu'j  down  the  street  at  t!ie  time; 
goiii?tT  see  Rev.  Mr.  Buller.  of  tlie  Lutheran  thurelr. 
1  did  not  see  him  on  thafdiiv.  but  went  to  a  prayer 
meeting  at  his  church;  saw  Mrs.  Ward  tiiere:  coulii  not 
nameanv  otiier.s  tliat  I  saw  at  the  cliurch;  1  ciuld  not 
name  others  whom  I  saw  on  that  day.  except  Mis. 
Sophia  Brussyand  Wiss  Puniplirey;  I  stopped  at  the 
houses  of  thiisu  ladies  on  otlier  occasions  durnnjiast 
Winter;  when  deta  ne.lin  the  city  over  ni^jht,  I  would 
stopat  t  lie  house  of  Mrs.  Brussy,  whois  my  wi  e'saunt: 
I  saw  Dr.  Mudd  enterius?  ^lirs.  Surratt's  house:  he 
was  dre-ised  in  dark  colored  cloihes  and  a  soft  felt 
hat:  I  have  seen  his  (atlier  witliiu  three  .voars  on  the 
roadcomin:;  to  tliis  city:  I  mentioned  tiie  tact  of  my 
seeinc;  Dr.  Wudd,  tni;  p"risoner,  on  the  road  to  Wash- 
ington, to  my  Wife  only;  the  fact  of  Sv-eins  him  go 
into  Mrs.  Surr.ilfs  liouse  I  mentioned  to  m.v  lather- 
in  law;  I  ho'd  a  secret  commission  under  the  Gov- 
ernment, and  am  a  detective  otiicer. 

ExjiBHiiiatiojj  of  Miss  Tanny  Mn«UI. 

By  Mr.  Ewincc.— The  prisoner  is  my  brother.  lam 
famili.'.r  with  thewnereabouts  of  the  prisoner  clnring  a 
p.  rtiun  of  the  lime,  from  tlie  Jst  to  the  .5rli  cif  Marcn 
last.  Onthe  1st.  which  was  Ash  Wednesda\-,  my  sis- 
ter was  takensiCK;  on  the'Jd  my  brother,  the  prisoner, 
called  ai  the  liuu-e  and  breal;  lasted  with  ns;  vn  il.osd 
he  came  to  the  house IVom  hisl)::rn,  wlierelie  had  been 
stripiiiug  tobacco,  at  about  e'.eveii  or  twelve  o'clock  in 
theniorniuK.  lie  tookdinner  and  stayed  liil  twoo'clock 
when  I. e  went  away,  but  returned  about  (our  o'clock 
with  some  medicine  lor  my  .sister.  On  the -lib  of  Jlarch 
h?  came  t  >  dinner,  and  on  ilie  ."ith  lie  visited  us  in  the 
eveniiu'.in  company  with  Dr.Bkuitord.  I  am  aliletore- 
colleet'these  dates  trum  the  fact  th^.t  tl;e  1st  of  Jfarch 
wa-;  Ash  Wedne-iday,  which,  anions;  Catholics  is  aday 
Ot  obligation  to  attend  divine  service.  I  am  confident 
that  the  accised  was  not  absent  rom  homo  during 
the  isl  and  5. h  of  March.  I  have  been  in  the  habit 
during  the  last  four  >-ears  of  visiting  my  bi  other's 
house  ireqnently.  1  never  heard  ot  John  II.  Hurrait 
being  there,  i  lieard  oi'  Biuih  being  at  the  house 
onee,  that  was  ab  mt  the  1st  of  last  Kovemher.  In 
IStU  there  were  three  gontlemen  wha  slept  in  the 
pines  an>nnd  my  broiher's  house,  Mr.  Jerry  Dyer,  An- 
drew (Jwynn  and  Ben.  Gwj-nn. 

TestnjiuHiy  of  Mrs.  EsuJly  itludd. 

By  Mr.  Kwing.— Q,.  vrhere  do  .vou  reside?  A.  In 
Charles  county,  Iilar.vland.  at  the  house  of  the  lather 
Of  the  prisoner,  Dr.  IM.iild. 

(J.  Slate  what  you  know  as  to  the  whereabouts  of 
DnMiidd  between  the  f^t  and  .'irh  of  March  last?  A. 
The  1st  of  March  was  A  h-W(  d.iesday.  and  we  went 
down  to  cluirch;  on  tlie  'Jd  ot  March,  Dr.  Mudd  was 
summoned  to  liis  lather's  liouse.  and  reached  liere  he- 
lore  breakfast,  and  remained  to  see  his  sister;  on 
Fridav,  the  Hd.  he  came  over  to  dinner  about  12 
o'coek.and  finding  his  sister  much  worse,  he  came 
over  again  in  iheevi-ning  to  bring  her  some  medicine; 
hecanie again  on  Saturday  to  dinner, aadi  thiuk  he 
Was  there  to  dinner  on  .Sunday  also. 

Q.  Do  you  Iciiow  An.lrew  Gwynn?  A.  I  do:  I  have 
notsftenhiin  since  the  fail  oilSijo;  lie  was  in  thehaliit 
of  visiting  at  Dr.  Mudds  father's  before  that;  I  have 
not  lieard  of  hinj  being  at  Dr.  Mndd's  house  sinee  Ks  1. 

Q.  Have  you  heard  of  Captain  Perry,  Lieutenant 
Perry,  and"  John  II.  tjurralt  being  there?  A.  1  have 
not. " 

Q.  Have  you  ever  known  Con'ederate  officers  or  .sol- 
diers to  be  about  Dr.  Sludd's  liouse?  A.  XoSir,  i  have 
been  there  m>self very  freiju  'Uily since  ISll. 

Q.  rotate  whether  yen  saw  Dr.  Mmhl.tiie  prisoner, 
on  his  way  home  from  towards  Br.vantown  the  da.v 
after  liieassassination  of  the  rresiJeiit?  A.  Ves;  I 
was  standing  at  tlie  windosv  and  saw  him  pass; 
there  was  no  one  with  him. 

Cross-e.Kamined  by  Judge  Bingham. 

Q.  Wlieredid  yon  lirst  see  him  on  Saturday?  A.  He 
rode  tiyllie  house  towards  Eryantown,  I  tiiink  between 
1  and  2  o  clock,  and  when  he  came  back  I  e-vpect  it 
was  4  o'ciock. 

Ci-  Do  yon  know  of  your  own  knowledge  that  Dr. 
Samuel  Mudd  was  at  home  ou  the  1st  of  March?  A.  I 
do  not. 

Q.  And  ot  your  own  knowledge  do  you  know  that 
he  was  at  homo  until  he  came  to  see  your  sister  the 
next  day  at  noon?    A.  I  do  not. 

Testimony  of  Charles  I>iiell. 

For  the  prosecution,  by  Judge  Holt.— Q.  Where  do 
you  reside?    A.  In  Washington. 

Q.  Have  you  recently  been  in  North  Carolina?  A. 
Yes,  in  Morehead  City. 

Q.  State,  while  there,  if  you  picked  up  a  letter  writ- 
ten in  cipher?  A.  I  did  pick  up  the  letter  that  I  now 
Bee  before  me;  I  found  it  on  the  2d  of  May.  at  the 
Government  wharf,  at  Slorehead  City,  tioating  in  the 
water,  and  I  subsequently  deciphered  it;  it  is  addressed 
to  J.  W.  Wise,  and  is  as  follows:— 

WASHiNGTON.Aprill.5, 1865.— Dear  John— I  am  happy 
to  inform  you  that  Pet  has  done  his  wurk  well.  He  is 
safe,  and  old  Abe  is  in  he!!.  Kow.  sir.  all  eyes  are 
niain  you.  You  must  bring  Sherman.  Grant  is  in  the 
bauds  of  old  Gray  ere  this.    Kedshoes  sh(' .ved  a  lack  of 


nerve  in  Seward's  case,  but  fell  back  in  good  order. 
.lehiison  must  come.  Old  Crook  has  him  in  charge. 
Mind  wtllthat  brothers'  oalhandyou  willhavenodilti- 
culty.  All  will  besa.'eaiid  enjoy  tlie  trust  o(  our  leaders. 
We  had  a  large  meeting  last  night;  All  were  bent  on 
carrying  out  the  programme  to  the  letter.    The  rails 

are  laid  for  safe  e.xit.    Old  J, ,  always  behind,  lost 

the  list  at  City  Point.  Now  I  say  again,  the  lives  of 
our  brave  oflicers  and  the  life  of  the  South  depends 
upon  tlie  carrying  this  programme  into  elle  t.  Num- 
ber two  will  give  you  this.  It  is  ordered  no  more 
leiters  shall  be  sent  by  mail. 

When  you  write  sign  no  real  name,  and  send  by- 
some  of  our  friends  who  are  Coining  home.  We  want 
you  to  write  us  how  the  news  was  received  there.  We 
receive  great  encouragement  Irom  all  quarters.  I 
hope  there  will  be  no  getting  weak  in  the  knees.  I 
was  ill  Baltimore  yesterda.v.  Pet  had  not  got  there 
yet.  Vour  folks  are  well  and  have  heard  from  you. 
Don't  lose  your  nerve.  O.  B.  No.  5. 

Q.  Ill  what  business  were  you  engaged  at  the  time  ? 
A.  In  driving  piles;  I  found  this  letter  when  I  was  at 
work. 

<.J.  Do  you  know  anything  of  the  person  the  letter  is 
addressed  to  ?  A.  No:  I  know  nothing  about  him,  and 
could  hear  nothing  of  him. 

Cross-examined  by  Mr.  Aiken.— Q.  You  state  that 
.vou  deciphered  that  letter;  did  you  know  any- 
thing of  the  key  to  the  cipher?  A.  A  gentle- 
man here  told  me  he  had  seen  it  before;  we  found  that 
the  lirstletter  was  "W,"  and  we  supposed  it  was  dated 
at  Wilmington,  and  taking  that  as  a  key  we  tried  the 
h'tter,  but  loiind  itdid  not  come  out;  we  then  took  the 
dale  at  Washington,  and  with  thatcommencodmaking 
it  out;  I  liad  no  acquaintance  with  the  cipher  myself 
until  1  came  to  Washington. 

Q.  You  state  that  j'ou  lound  the  letter  in  the  river; 
was  it  much  blurred?  A.  It.did  not  seem  to  have  been 
in  tiie  water . a  long  time,  and  was  very  little "olurred. 

Q.    Was     anybod.y     witii     you    at    the    time    you 
picked  the  lett.r  up?    A.  Ves  sir;  A.  M.  Ferguson. 
Tcsliguoiiy  of  James  I'ei';t'USOii. 

By  Judge  Holt.— Q.  State  whether  you  have  re- 
cently been  i;t  Murelieod  City,  N.  C?  A.  Ilelttherea 
week  a;;o  \\'edin'sda.v,  in  company  with  Mr.  Dnell. 

Q.  State  whether  or  not  j'ou  were  present  when  a 
cipher  let  ter  floating  in  the  water  was  p. eked  up.  A. 
Yes,  I  was  tlie  one  who  discovered  the  letter,  and 
called  theattentimi  of  Mr.  Duell  to  it;  he  picked  it  up; 
this  was  on  tiie  1st  or  2d  of  May  last. 

TestiHioiiy  of  John  S.  Barr,  for  Defense. 

B/  Jlr.  Doster.— l/ook  at  the  prisoner,  Atzeroth,  and 
see  it  you  know  him.  A.  Ido:  all  I  know  about  him 
is  that  hecanie  to  my  shop  one  evening,  at  the  Navy 
\' aid,  and  I  went  to'Pniie's  restaurant  with  him;  we 
tiad  several  drinks  together,  and  h'^  then  took  supper 
With  me,  and  alterwards  we  went  back  to  the  restau- 
rant and  had  more  drinl;s,  a'ter  which  he  took  his 
horse  and  rode  oil';  this  was  between  the  10th  and  13th 
ot  April. 

Q.  l>o  yon  not  remember  that  it  was  on  the  r2th  of 
Auril?  A.  It  was  somewhere  about  that  time.  I  had 
.some  wo:k  done  that  day,  which  I  have  charged  on 
my  book  here  as  on  the  12th  ol  April. 

Te^f  iiuoiiy  of  Betty  Washinston,  Col'd. 

Bv,Mr.  Ewing.— State  where  Dr.  Mudd  was  on  the 
1st  oiMarch  last?  A.  He  was  down  at  the  tobacco  bed 
Iireparing  iiready  tosow;  that  was  on  Ash  Wednos- 
<l,iv;  he  staid  tiiero  until  aiiout  dinner,  when  Mr. 
Bliindford  came,  and  they  went  into  dinner;  it  was 
raining  that  evening,  and  he  staid  in  and  I  did  not  see 
him  go  out  ;mv  more  that  evening. 

tj.  Where  was  he  the  next  day?  A.  The  next  day, 
Thursdav,  he  w^ascutting  brush,  and  was  there  ail  day; 
I  went  out.  too,  and  was  loading  the  cart. 

(),  Did  von  see  anything  of  him  on  Fridaj',  the  3d  ot 
March?  A.  On  Fridav  he  was  stripping  tobacco,  took 
dinurr  at  his  lather's  and  came  back  about  night. 

Q.  Did  you  see  him  on  Saturda.v,  the  4th  ot  Jlarch? 
A.  He  took  breakfast  at  home;  in  the  alternoon  he 
went  to  the  Post  Oltice  at  Beantown,  and  came  home 
about  night. 

Q.  Did  you  see  him  on  Sunday?  A.  He  went  to 
church  and  was  at  home  at  night. 

t>.  Do  vou  know  where  he  was  on  the  last  day  ot 
Februarv?    A    Yes;  he  was  at  work  at  the  brush. 

il.  While  vou  were  at  work  at  Dr.  Mudd's,  did  you 
ever  hear  or'see  John  II.  Surratt?    A.  Not  there. 

It  Would  yiiu  have  noticed  hirn  if  he  had  been 
there?  A.  If  "he  had  been  there  I  would  have  known 
the  name.  ,   .„         ,   ^        ,    ^ 

Q  Do  you  know  Marv  Semmes.and,  if  so,  state  what 
the'colored  people  about  there  think  of  her  as  a  truth- 
teller?  A.  They  all  give  her  a  bad  name  as  a  story- 
Cross-examined  by  Judge  Holt.-Q.  On  the  2d  of 
March  Dr.  Mudd  took  breakfast  at  home  did  he?  A. 
Y'es;  he  took  his  breakfast  at  home,  and  he  took  his 
dinner  and  supper  at  home  too  that  day. 

Bv  Mr.  Ewiiig.— Are  you  certain  betook  breakfast 
at  h'is  house  Ih.e  dav  alter  Ash-Widnesday. 

Queslionohjectedto  by  Jud^e  Biughaui,  and  objection 
sustained. 


144 


TRIAL  OF   THE  ASSASSINS   AT  WASHINGT0X7 


TostJmony  of  Wm.  P.  AVootl. 

By  Mr.  Ciampitt.— Q.  State  your  official  jiosition.  A. 
I  am  SiiperinteiKlentof  llio  OUl  Capirnl  Prison. 

Q.  t^tate  wlietaer  youare  ac^iuauued  witli  A.  Z.  Jrn- 
kins.  wiio  was  a  wuness  in  tlii.i  case.  A.  I  have 
known  him  live  or  six  .years  rathor  intimately;  ho 
has  always  l>een  an  opponent  ofthi*  Democracy;  ho 
WHS  with  the  Kimw  Js"otnin<r=.  a^id  also  one  of  the 
"Union  party  when  it  was  loinurl  in  l*;i:  he  was  cnnsi- 
dered  one  of  the  most  reliable  iniMi  in  tlis  district;  in 
lS.i2  he  rel'iised  to  vo;e  Inr  llnllatid  on  the  trruund  t;iat 
he  was  under  obliijiitions  to  go  (or  Calvert,  who  owned 
thatsection  oft  e  country,  and  hesaid  he  believed 
him  to  be  a  good  Union  m  m. 

U.  !>tate  wliether  he  d  d  not  labor  and  urge  his 
friends  tij  lab'irand  expvud  li's  money  f  eely  to  keep 
Mur.vland  in tne  Union  HI)  Iols;j?    A.  Yes. 

Q.  You  say  he  weat  for  ('alv»;rl;  in  theelection  you 
speak  ofd;d  he  not  go  ag  linst  ilirris?  A.  Yes.  he 
did;  Calvert  was  considered  by  some  a  Union  man; 
Harris  was  considered  a  Deiiiocry.!  of  the  Secessiou 
school. 

Q.  Did  not  Mr.  Jenkins  remark  that  if  Calvert  did 
not  run  he  v/uuld  support  Hoilaud?  A.  He  agreed  to 
do  that. 

Q.  Did  not  you  receive  certain  information  from  Mr. 
Jenkins  which  j-oii  sibmated  to  tue  War  Depart- 
ment and  which  finally  resulted  in  the  capture  of 
Booth?  A.  I  leceived  some  inlormatioa  from  Jen- 
kins, which  I  forwarded  to  Judge  Turner. 

Q.  Did  you  consider  that  as  a  loyal  act?  A.  I  was 
satisfied  tliat  he  would  give  me  the  iulormation  if  he 
had  it.  when  I  started  oat. 

U.  Do  you  believe  Mr.  Jenkins  to  be  a  consistent 
loyal  man?  A.  I  do:  1  do  notbe!ieve  he  is  a  friend  of 
the  Administration,  on  account  of  the  negro  question, 
but  outsideof  that  heis  a  loyal  man. 

Cross-examined  by  Judije  llo'.t:— Q.  Has  not  Mr. 
Jenkins  been  for  some  time  past  bitterlj'  b.ostile  to 
the  Government:  and  if  that  is  so.  do  .vou  not  con- 
sider that  as  disloyalt}-?  A.  I  have  had  ver.v  little  to 
do  with  him  latel.v.  and  have  not  regarded  him  as 
sound  as  I  did  formerly;  in  the  last  eleciion  hevoted 
for  Harris,  I  believe,  and  associated  with  that  sort 
of  men. 

Testimony  of  Jolin  Aotoin. 

John  Acton  testified  ihat  lie  lived  about  a  mile  and 
a  quarter  from  Bryantown,  and  tliat  on  the  dav  of 
theas-assination  hesaw  Dr.  Mudd  going  toward  Bry- 
antown, riding  a  gre.v  horse:  there  was  no  one  with 
him  at  the  time  he  first  saw  him.  but  another  man 
wlio  was  riding  behi;id  him  overrook  him,  and  they 
rode  on  together:  in  about  three-quarters  of  an  hour 
he. saw  that  per.-ou  riding  back  tjy  him-elf. 

The  witness  stated,  on  cross-e.xaminaiion,  that  he 
couid  not  idjntify  Harold,  certainly,  as  tlie  person  he 
saw  on  that  occasion.  He  looked  very  like  him,  but 
lie  did  not  notice  particularly  the  man  so  much  a?  he 
did  the  horse.  The  horse  he  rode  was  a  buy.  When 
hesaw  the  person  coming  back  he  was  going  up  the 
road,  in  the  same  way  he  had  come  down.  This  was 
about  three  miles  from  Bryantown. 

Slarjoii  I>.  MePher.son. 

A  witness,  called  b.v  Mr.  Kwing,  testified  that  he 
lived  about  three-quarters  of  a  mi  e  from  Biyantown, 
and  he  was  at  Bryantown  on  the  dav  alter  tiie  murder, 
from  about  two  o'c'.ock  till  four  P.  M.  While  there  he 
heard  that  a  man  by  the  name  o(  E.oyd.  who  hadkiiled 
Caytain  Watkins,  had  murdered  the  t^ecretary  of 
State.  He  did  not  learn  who  had  assassin  ted  the 
President,  although  he  mads?  inquir.v  of  citizen;  and 
so. diers  while  there.  Was  in  Eean's'sore  and  heard 
ti,e  murder  talked  over  .  Saw  Lieut.  Dana  lhere,aiid 
on  ISionday  saw  him  sitting  outside  wi'h  Dr.  (ieorge 
Mudd,  with  whom  be  was  speakin.;.  Knows  theie.iu- 
tation  of  Dr.  George  It.  Miidd  to  be  that  of  a  good 
Union  man  ai  any  in  tl:e  Uniii'd  states.  The  reputa- 
tion of  D.  J.  Thomas  lor  veracity  is  bad. 

Joiiii    ]>IcP!ierson, 

Called  b.v  Mr.  Kwlng.  testified  that  he  was  at  Er.van- 
townouthe  day  a.ter  the  murder,  from  two  until 
seven  o'clock;  heard  much  general  conversation  about 
the  assasiin.Uion,  but  did  not  hear  till  Monday  that 
Booth  was  theassassin:  saw  l,;euienant  Duuaoii  Mon- 
day morning,  in  company  wiih  Dr.  (Jeorge  IMudd;  did 
not  hear  the  conversation;  the  reimtation  of  Daniel  J. 
Thomas  for  veracity  is  bad:  the  repatatioii  of  the  pri- 
soner, Muud,  is  thai  of  an  honorable  man  and  good 
Citizen. 

Cross-examination.— Never  heard  he  was  charged 
with  false  sweanug,  and  would  not  say  that  he  wolild 
not  believe  him  undi  r  oath. 

John  T.  I<ang'<1on, 
Calledby  Mr.  Ewing,  testiiied  that  he  was  at  Brvan- 
townon  theday  a.ter  the  assassination  of  the  Presi- 
dent; hoard  micli  conx  ersation  on  the  subject,  but  did 
not  hear  till  Monday  who  was  charged  with  the  mur- 
der. 

Peter  Trotter. 

Examined  by  Mr.  Ewing.— Lives  in  the  village  of 
Bryantown:  was  there  the  da.v  after  the  murder  and 
heard  it  talked  of;  asked  some  soldiers  who  did  it,  and 


they  said  it  was  done  by  Boyd»  who  murdered  Captain 
Watkins;  tlie  reputation  ot  1).  J.  Thomas  Jor  veracity 
Is  very  b  id:  wou  d  lit  b'!i  vo  him  under  oath. 

Cross-examined  by  Judge  Holt.— Have  always  been 
loyal  to  the  (jovernment.  and  desired  it  to  succeed  in 
putung  down  t'le  Reoellion:  Mr.  Thomas  is  very  unpo- 
pular in  the  neighborhood;  he  nei-er  heard  him  speak 
in  iavor  of  the  Rebellion:  have  never  taken  the  oathof 
allegiancL-;  called  on  acaptain  about  three  weeks  ago. 
to  takeii,  but  he  had  no  blanks;  took  theoa:h  in  Bal- 
timore once  to  get  my  goods  out;  at  that  time  my  svm- 
pathes  were  with  tlie  Behe  1. on:  have  never  been'en- 
gBged  in  biockade-runniiig;  don't  know  wuether  I 
should  believeTiiomas  it  he  were  speaking  inacourt 
of  justice  a'-'ainst  the  Pvebellion  or  not. 

By  ISlr.  Ewing.— Before  the  war  Thomas'  veracity 
bore  the  same  reputation  it  has  now;  I  have  heard  him 
talk  ai  bad. y  as  .some  of  the  Itehels,  but  at  thebegin- 
ning  of  tne  war  he  had  the  reputation  of  being  a  loyal 
man. 

By  the  Court.— Am  a  native  of  Scotland,  and  have 
never  been  naturalized  here;  havovoted  three  times  in 
this  CJUoti-}-.  but  not  tor  t!ie  Last  two  years;  the  first 
limel  voted  was  in  a  Presidential  election,  and  aiter- 
warls  for  local  oliicers;  do  not  think  I  voted  upon  the 
adoption  of  the  amendment  to  tlie  Constitution  of 
Maryland;  do  not  know  why  I  didn't  vo;e. 

Testimony  of  Benjamin  Gairdiiier. 

Saw  Dr.  ISIudd  at  church  on  the  Mondav   after  the 
assassination,  and  tlien  saw  him  in  conve:"sation  with 
his  neighbor.  That  was  aboutloo'c:oclc  inthemorning. 
Testimony  of  Tbomas  EJavis. 

Have  lived  at  Dr.  Mudd's  house  since  the  9th  of 
January:  L)r.  Mudd  was  at  home  on  the  1st  of  March; 
lie  came  to  see  witness,  who  was  sick:  it  was  Ash 
Wednesday,  and  hesaid  he  could  give  me  no  meat:  he 
came  to  see  me  on  the  1st, -id,  .3d,  4th  and  a'h  dav  of 
March  twice  a  day:  became  every  dav  while  I  was 
sick,  in  the  daytime, 

Mr.  Ewing  then  offered  in  evidence  the  following 
telegram:— 

MoxTRE.\L,  June  2d.  ISCS.- T  left  "^'ashington  on 
Monday  evening.  March  2(;th.  and  have  not  been  there 
since.  You  can  have  my  testimony  before  the  Ameri- 
can Consul  here,  if  required. 

JOHN  McCULLOUGH, 
Testimony  of  JoEin  I>av3s. 

Live  in  Prince  George  county.  Marvland;  Dr.  Mudd 
was  at  home  at  lo  o'clock  in  the  morning,  on  the  :;d 
of  March  last:  my  son  was  sick;  1  went  to  see  him 
and  iound  Dr.  Mudd  there. 

Tue  Court  then  went  into  secret  session,  and  finally 
adjourned  until  lo  A.  M.  to-morrow. 


Tuesday's  Proccedin^vs. 

Washingtox,  June  C— The  reading  of  the  previous 
day's  record  uccuiiied  the  C-immission  until  I  o'clock, 
when  the  body  took  a  recess  until  2,  at  which  hour 
they  reassembled. 

D.  J.  M  ddleto:i.  Clerk  of  the  United  States  Supreme 
Court,  being  e.xaminetl  by  Mr.  Ewing,  testilicd  that 
Marcus  P.  Norton,  a  witness  who  had  been  beiore  the 
Court,  argued  a  motion  be.'ore  the  Supreme  Court  of 
the  United  States  on  the  ad  day  of  March  last.  The 
object  in  calling  this  witness  was  to  fi.i  a  certain  day 
in  regard  to  which  Norton  a  witness,  had  previously 
lestiiied. 

Mr.  Ewing.  counsel  for  the  prisoner  Dr.  Samuel  A. 
Mudd.  then  addn  ssed  the  Court  as  follows :— Ev  reasoa 
of  iiiiormaiion  which  I  have  received  since  the  wit- 
ness Daniel  J.Thomas  was  last  upon  the  stand,  I  ask 
the  privilege  of  the  Court  to  recall  this  witness  lor  the 
puriioseof  lurther  cro  s-examination  in  regard  to  a 
single  point.  I  wish  to  show  that  this  witness,  whose 
testimony  is  of  vital  importance  in  the  case,  gave 
that  testimi.'ny  from  corrupt  motives.  I  e.xpect  to 
show  through  five  or  six  of  his  neighbors  that  by  his 
own  declarations,  made  since  he  appeared  upoii  the 
stand  for  tin?  prosecution,  he  did  it  Irom  the  hope 
and  expectation  of  a  laige  reward.  To  be  more 
jirecise,  I  expect  to  prove  that  he  stated  to  Eli  J. 
Watson,  on  the  1st  of  June,  that  he  had  teslilied 
here,  and  that  Dr.  Mudd  would  surel.v  be  con- 
victed: that  he  asked  Watson  for  a  certilicate  of  the 
(act  that  he  was  the  first  person  who  gave  infor- 
mation wli  cli  led  lo  the  arrest  of  the  accused,  and 
that  l:e  then  stated  to  Watson  that  if  he  could  get 
such  a  cenificate  irom  him  and  others  he  would  get 
a  reward  of  iwenty-iive  thousand  dollars,  because 
of  the  inlormation  leading  to  the  arrest  and  because 
of  the  fact  oi  conviction.  I  expect  to  show,  further, 
that  subsequent  y.  on  the  same  day,  in  conversation 
at  Wm.  Watson's  house,  near  Horschead.  with  John 
B.  Richards.  Beiij.  J.  Naylor,  George  Lynch,  Lemuel 
Watson  and  Wm.  Watson,  ho  stated  to  them  that  he 
wished  them  to  give  him  certificates  as  being  the  first 
person  who  give  inlormation  which  led  to  the  arrest 
t  f  Dr.  Mudd:  that  he  had  been  present  here  and  testi- 
fied, and  that  Dr  Mudd  would  shortly  be  convicted, 
and  that  if  they  would  give  him  the  certificates  he<ie- 
sired  he  would  receive  a  reward  of  ten  thousand  dol- 
lars by  reason  of  his  efforts  in  the  case.  I  wish  to  show 


TRIAL   OF   THE   ASSASSINS    AT  WASHINGTON. 


145 


further,  that  subsequently,  upon  a  toagistrate  of  the 
neigliborhood.  Mr.  James  \V.  Ricliards,  riding  up, 
Thomas,  in  tlie  presence  of  these  last  named  gentle- 
men, submitted  to  that  gentleman  the  question  as  to 
whether,  upon  his  gettiui^  these  certilicates.  he  would 
not  be  entitled  to  the  reward  of  ten  thousand  dollars, 
in  case  Dr.  Mudd  should  bo  convicted.  It  seems  to  me 
that  if  the  witness  stood  beloro  this  Court  fair  on  all 
the  testimony  which  has  preceded  this  evidence,  it 
should  justly  g()  to  dimini-li  the  weight  of  his  testi- 
mony in  the  minds  of  the  Court,  by  showing  that  he 
wastes  ilying  under  the  hope  of  a  large  reward;  and 
in  the  ligntof  the  evidence  that  has  been  given  that 
he  manufactured  a  lie  to  procure  the  arrest  and  con- 
viction of  Dr.  Mudd,  being  actuated  by  a  mercenary 
motive. 

Assistant  Judge  Advocate  Burnett  stated  that  the 
prosecution  would  interpose  no  objection  to  the  evi- 
dence. 

The  following  witness  was  then  called:— 

Ke-cross-exatniiiatioii   of  1>.  J.   Tlioinas. 

By  Blr.  Ewing.— I  was  at  Wm.  Watson's,  near  Horse- 
head,  on  Thanksgiving  day.  the  first  of  the  present 
month,  with  John  II.  Itichards,  Benj.  J.  Naylor,  Geo. 
Xynch, Lemuel  Watson  and  Wm.  Watson.when  Jas.W. 
Richards,  a  magistrate,  rode  up:  I  did  not  say  to  Mr. 
James  W.  Richards  that  I  had  been  asking  the  gentle- 
men present  for  a  certilicate  as  proof  of  the  fact  that  I 
was  the  first  person  who  gave  information  leading  to 
the  arrest  of  Dr,  Samuel  A.  Jludd;  neither  did  I  say  I 
had  stated  to  them  that  Dr.  Mudd  would  be  convicted, 
or  that  if  they  gave  such  a  certilicate,  and  Dr.  JMudd 
should  be  convicied.I  would  receivea  reward  of  $lo,000: 
I  did  not  say  to  any  ot  tlie  persons  in  whose  company 
I  then  was  what  I  have  just  denied  saying  to  Mr. 
Eichards;  I  never  expected  a  cent  for  what  1  might  do 
in  this  case  as  a  witness;  I  did  not  toll  Richards  that  I 
was  the  person  who  gave  the  notice  which  led  to  the 
arrest  of  Dr.  Mudd;  I  never  told  anyone  that  I  told 
the  gentleman  relerred  to  that  the  expression 
in  Wiishington  City  in  regard  to  Mudd  was  that  he 
would  "go  up;"  1  also  asUed  their  opinion  as  to 
whether  I  wi.uld  be  entitled  to  any  portion  of  the 
reward  in  the  event  of  Dr.  Samuel  Mufid  being 
convicted,  but  never  asked  them  lor  a  certificate  of 
the  fact  that  I  was  first  to  give  them  information  con- 
cerning Mudd;  the  other  day  I  was  telling  John  D. 
Moran  and  Daniel  B.  Mor.ui  about  the  conversation 
between  Dr.  I\Iudd  and  myself  previous  to  Dr.  Mudd's 
arrest,  when  .lohn  D.  Moian  said  that  I  lold  him  about 
that  before:  I  had  forgotten  having  told  him;  Moran 
sail  that  I  told  him  thatbeioretheassa  sination  of  tlie 
President,  but  I  have  no  recollection  of  it:  I  neversaid 
to  Eli  J.  Watson  that  I  wanted  him  to  certify  that  I 
gave  the  information  which  led  to  Dr.  Mudd  s  arrest, 
or  that  I  was  entitled  to  the  reward  of  twenty-live 
thousand  dollars  lor  giving  that  inJbrmation. 

'I'estBinony  of  Jainc'^  A.  Itscharils. 
By  Mr.  Ewing.— I  am  acquainted  with  the  witness, 
D.  J.  Thomas;  was  Willi  him  and  others  m  the  drove- 
yard  of  William  Watson,  at  Ilorsehe.xd,  Prince  George 
county,  on  the  1st  of  the  present  mouth;  he  stated  that 
he  had  called  on  William  Watson  and  B.  J.  Naylor  fur 
a  certificate  that  he  was  entitled  to  a  inrtion  of  the 
reward  oficred  for  the  arrest  of  Booth  and  his  accom- 
plices; that  he  had  in  ormed  the  oiiicers  of  Dr.  Mudd  s 
arrest,  and  that  if  they  would  certify  to  that  fact,  he 
would  be  entitled  to  the  reward;  that  if  Dr.  Mudd  was 
convicted  he  would  receive  ten  thousand  dollars;  the 
certilicate  he  wanted  was  that  he  inlormed  them  con- 
cerning Dr.  Mudd's  arrest  or  of  his  having  been  ar- 
rested; he  did  not  certily  to  having  led  to  the  arrest; 
the  re.Dutation  of  D.  J.  Thomas  In  the  community 
where  he  lives  is  very  bad;  if  I  believed  he  had  any  pre- 
judice or  an3'  money  at  stake,  I  would  not  believe  Jiim 
under  oath;  his  re;iutatiin  for  veracity  belore  the  war 
was  iiretty  much  the  saine  as  it  is  now. 

Cross-o.xnmined  by  Judge  Bingham— The  day  this 
conversation  took  place  at  William  Watson's  was  on 
Thursday;  when  I  rode  up  Lemuel  Watson  remarked 
to  me,  "  I  am  glad  you  have  come;  you  are  a  justice  ot 
the  peace;  Daniel  says  he  is  entitled  to  so  much  re- 
ward, and  I  want  you  to  say  whether  he  is  entitled  to 
It;''  I  don't  recollect  what  I  said  at  the  time  to 
Thomas;  he  applied  to  Watson  ibr  a  certificate  that 
he  had  infc/rmed  them  of  Dr.  Mudd's  arrest;  that  if  he 
could  get  this  certificate  he  could  get  a  portion  of  the 
reward,  or  words  equivalent;  if  he  had  said.  "  If  you 
give  me  a  certificate  that  I  informed  you  of  Dr. 
Mudd's  arrest,  he  would  be  entitled  to  a  reward;'' 
that  would  have  been  worus  equivalent;  we  told  him 
we  thought  he  was  entitled  to  twenty  thousand  dol- 
lars; we  meant  it  as  a  joke  and  told  him  so  afterwards, 
but  did  not  at  the  time;  he  replied  that  liedid  not  want 
a  certificate  of  me,  or  words  to  that  effect;  he  told  me 
he  did  not  want  me  to  swear  to  a  lie  for  him  to  get 
twenty  thousand  dollars. 

Q.  Didn't  you  swear  a  little  while  ago  that  you  had 
told  him  he  had  better  take  twenty  thousand  dollars? 
A.  If  I  did  I  recall  it;  what  I  intended  to  say  was,  that 
I  told  him  and  Watson  told  him  that  he  was  entitled  to 
twent.v  thousand  dollars,  but  that  was  ajoke;  I  did  not 
know  that  he  was  entitled  to  anything;  I  have  had  no 
conaectiou  at  all  with  the  Rebelliou,  and  have  not  sym- 


pathized with  it;  I  have  been  all  the  time  during  the 
Rebellion  in  Charles  and  Prince  George  counties,  keep- 
ing school. 

By  Mr.  Ewing.— I  have  been  a  hearty  supporter  of 
all  the  measures  of  the  Government  to  suppress  the 
Rebellion;  Mr.  Thomas  was  not  a  hearty  supporter  of 
the  Government  in  ISGI;  I  met  him  on  the  way  from 
school  during  that  year,  and  he  stated  that  he  was 
going  down  to  join  the  Southern  army,  and  when 
Beauregai'd  came  over  he  w:is  going  to  come  back 
and  hang  a  man.  Thomas  P.  Smith;  Thomas  was  not 
a  loyal  man  at  the  beginning  of  the  war. 

JNlr.  Ewing  at  this  point  introduced  in  evidence  the 
general  order  ot  the  War  Depariment  of  20th 
April.  1S65,  od'ering  one  hundred  thousand  dollars  re- 
ward (or  the  arrest  of  Booth  and  his  accomplices,  and 
liberal  rewards  for  information  leading  to  the  arrest 
ot  anyof  theparties. 

Ti'stinioii.v  of  .Tolin  F.  I>avis. 

By  Mr.  Ewing.— I  was  at  the  house  of  Dr.  Mudd,  the 
prisoner,  the  Tuesday  following  the  assassination  of 
ilie  President;  I  went  to  the  field  and  informed  liim  of 
the  fact  that  Lieutenant  Lovett  and  a  party  of  soldiers 
had  come  to  arrest  him;  I  came  up  with  him  to  the 
house,  and  was  there  met  by  George  Mudd;  he  met  Dr. 
Sam  Mudd  just  at  the  end  oi  the  kitchen. 

(1.  State  what  Dr.  George  Mudd  said  to  Dr.  Sara. 
Mudd. 

Judge  Bingham— I  object  to  that  question. 

Mr.  Ewing  (the  witness  having  retired  from  the 
roonDstaied  that  his  object  was  to  rebut  the  testimony 
introduced  by  the  jn-osecution,  that  Dr.  Mudd  denied 
that  there  liad  been  any  persons  at  his  house  on  that 
morning.  The  defense  iiad  already  iiroved  in  a  round- 
about way  that  the  pri=ioner  had  informed  Dr.  George 
Mudd  that  two  suspicious  persons  had  been  at  his 
house  on  .Saturday  morning,  and  requested  him  to 
communicate  the  fact  to  the  military  authorities, 
which  lie  had  done,  and  he  proposed  to  show  by  this 
witness  tliat  Dr.  George  Jludd  now  informed  him  that, 
having  given  mbrniation  as  he  requested,  the  detec- 
tive had  come  lor  the  purpo'-e  of  questioning  him  on 
thii  subject;  and  as  .Samuel  Jliuld.  knowing  the  fact 
that  iniorinat  ion  had  already  been  communicated  froiQ 
him  through  Dr.  George  Mudd,  of  the  visit  to  his 
house  of  two  suspicions  jiersons.  it  was  unnatural  to 
suppose  that  the  prisoner  would  then,  as  stated  by  one 
of  the  witnesses  (or  the  prosecution,  have  denied  that 
any  persons  had  been  at  his  house. 

Judge r.iiigliam  said  the  purpose  was  to  bring  in  the 
declaration  ofthe  third  person  to  the  accused,  which 
wi'S  utterly  ineonipetent. 

The  objection  was  sustained  by  the  Court  and  the 
witness  recalled. 

Q.  State  whether  Dr.  Samuel  Mudd  betrayed  any 
alarm  when  you  informed  him  that  the  detectives  had 
come  to  his  house.  A.  None  that  I  know  of;  he  mani- 
fested no  unwillingness  to  go  to  the  house,  and  came 
right  up  there  with  me. 

TestisnoBiy  of  li.  S.  Orme. 

By  Mr.  Ewing,— I  am  acquainted  with  the  witness.  J. 
D.  Thomas;  I  know  his  reputation  in  the  community 
in  which  he  lives  lor  veracity;  I  never  heard  him  tell 
any  story  in  my  life  of  any  length  that  he  did  not  tell 
a  good  many  tilings  not  true:  I  do  not  know  any  man 
down  there  who  would  believe  him  in  anytliing  he 
would  undertake  to  tell-  I  have  known  him  since  be- 
fore he  was  grown:  in  any  matter  in  which  he  waspre- 
jndiced.  I  wouid  not  lielieve  him  under  oath, and  would 
hardly  believe  him  anj'how. 

Cross-e.\ ami  lied  by  Judge  Holt.— I  am  loyal  to 
the  Government  to  thobc'^tormv  ability;  I  have  al- 
ways wished  that  the  Union  might  be  sustained;  I 
never  wanted  to  see  two  Governments;  I  always 
thought  the  North  would  succeed,  if  either. 

By  INIr.  Ewing.— Thomas  was  not  a  loyal  man  when 
the  war  commenced:  he  begged  me  once,  in  the  fall  of 
l,si;i,  to  goSouth  with  him;  the  first  of  the  war  he  was 
looked  upon  as  a  great  (rietid  ofthe  .'^outh,  and  a  great 
help  to  them  as  far  as  his  ability  would  go,  which  was 
not  nuic:i. 

Tostlmony  of  H.  I..  Mgi<l<1,  Jr. 

By  Mr.  lowing.— I  did  not  see  my  brother,  Dr.  Sa- 
muel Mudd.  on  the  1st  day  of  March,  but  I  think  he 
stayed  at  home  on  the  ;;d  of  March  I  think  became 
to  my  fathers  house  to  see  a  sick  s'ster;  on  the  3d  of 
March  ho  was  S9nt  lor,  also,  at  10  o'clock,  to  go  to  my 
father,  and  took  dinner  with  us  about  two  o'clock:  he 
came  back  again  the  same  day,  and  brought  some 
medicine;  I  went  to  his  house  again  the  same  night, 
and  brought  some  medicine  over;  on  the-lth  of  March 
lalsosawhim;  thedistance  from  my  father's  house 
to  the  Navy  Yard  bridge.  Washington,  is  between 
twenty -seven  and  thirty  miles;  I  do  not  know  thatmy 
brother,  Dr.  Mudd,  ever  owned  a  carriage  of  any  de- 
scription, and  if  he  had  I  should  have  known  it:  my 
father  does  not  own  a  buggy,  or  a  rockaway,  of  any  de- 
scription; he  owns  a  large  double  carriage,  as  large  as 
any  ofthe  hacks  you  see  in  the  city. 

Testimony  of  Dr.  J.  M.  Blandford. 

B.v  Mr.  Ewing.— A.  I  saw  Dr.  Mudd  at  home  on  the 
1st  and  5th  of  March;  on  the  1st  at  his  house,  making 
a  tobacco  bed,  and  on  the  Oth  at  church;  Dr.  Muud  doea 


146 


TRIAL   OF  THE   ASSASSINS   AT    WASHINGTON". 


not  own  a  buggy,  neither  does  his  father  a  buggy  or  a 
rockaway,  but  owns  a  large  laniily  carriage. 

Testimony  of  S>r.  Allen. 

By  Mr.  Ewing.— A.  Dr.  Mudd  was  at  my  house  on 
the  evening  of  the  '2:;d  of  Marcli  last;  he  came  in  with 
H.  A.  Clark  and  a  BIr.  (Jardiner  (I  do  not  know  his 
first  name)  who  lives  out  in  Ur.  Mudd's  neighborhood; 
tltey  came  at  near  eight  o'clock  in  tlie  evening,  and 
Stayed  till  between  twelve  and  one  o'clock  that 
Bight;  there  were  several  persons  in  there;  Ifixed  the 
date  at  the  23d  of  March  because  I  roniember  that  on 
that  day  a  tornado  swept  over  the  city,  and  a  negro 
boy  was  killed;  I  had  seen  Dr.  Mudd  once  l)elbro  that 
time;  I  was  introduced  to  him  liy  Mr.  <lark.  I  think 
in  the  early  part  of  ISR);  I  liad  not  seen  him  since  that 
time,  and  these  are  the  only  two  occasions  I  think  I 
saw  him. 

Testimony  of  Dr.  Clarli. 

B.v  Mr.  Ewing.— I  saw  Dr.  M<udd.  the  prisoner,  with 
Mr.  James  Gardiner  and  others  at  my  liouse  in  the 
latter  part  of  March;  they  came  to  my  store  between 
6  and  7  o'clock,  and  went  to  my  house  to  tea,  and 
after  tea  went  round  to  Dr.  A I  len'soflice,  and  remained 
until  between  12  and  l  o'clock:  there  were  some 
ten  or  a  dozen  persons  there;  Dr.  Mudd  remained 
at  my  house  that  night  and  left  the  next  morning; 
^  alter  breakfast  he  and  Gardiner  went  otf  together; 
•  they  roomed  together  at  my  liouse  that  night;  I  have 
not  seen  him  since  till  yesterday;  I  do  nor  know  J. 
"Wilkes  Booth,  John  II.  rSuriatt,  or  Wm.  Weiclmian. 
and  did  not  see  any  of  them  at  my  iiouse  or  Dr.  Allen's 
that  night;  Dr.  Mudd  was  not  out  of  my  siglit  from  the 
time  he  came  to  the  store  that  afteinoon  until  he  went 
to  bed  at  my  house  that  night;  the  only  wav  I  fix  the 
date  is  by  a  storm  that  aay  in  wliicli  a  he:.;ro  boy  was 
killed;  we  were  playing  cards  that  evening  at  Dr. 
Allen's. 

Two  witnesses  were  called  relative  to  the  confession 
of  the  prisoner  Arnold,  while  on  the  way  from  Fortress 
Monroe  to  Bal.imore.  but  their  e.xamination  was  not 
continued  further  than  putting  preliminary  questions. 

Mr.  Ewing  stated  that  several  important  witnesses 
had  been  subpoenaed  and  would  without  doubt  be  pre- 
sent to-morrow,  but  that  no  further  witnesses  on  be- 
half of  the  deiense  were  now  present, 

Mr.  Aiken  remarked  tliat  there  were  two  or  three 
witnesses  he  desired  to  e.\  amines  till  in  defense  of  Mr.-. 
Surratt,  but  that  if  they  did  not  appear  before  the  wit- 
nesses tor  the  otlicrprisoneis  liad  all  been  examined, 
he  would  not  ask  lor  any  delay  but  would  be  ready  at 
any  time  to  sum  up  in  her  delense. 
.  The  President  of  the  Court  notified  counsel  that,  in 
accordance  with  tlie  uniform  practice  of  courts-martial 
they  would  be  required  to  present  their  arguments  in 
writing. 

The  Judge  Advocate-General  also  stated,  in  order  to 
guard  counsel  against  unneceijsary  delay,  that  follow- 
ing the  usual  course  in  courts-martial,  no  opening 
would  be  made  on  the  part  of  tlie  Government.  Argu- 
ments on  behalf  of  the  accused  would  be  made,  to 
which  a  reply  would  be  made  on  behalf  of  the  Govern- 
ment, and  no  further  arguments  allowed.  Mr.  Aiken 
and  Mr.  Ewing  remarked  that  they  would  pre/er  that 
theGovernment  should,  in  advance,  indicate  its  own 
theory  in  respect  to  the  accused.  The  J.idge  Advocate. 
General  replied  that  their  general  course  of  examina- 
tion would  indicate  that. 

General  Hunter  stated  that  hereafter  the  hour  of 
meeting  of  the  Court  would  be  eleven  o'clock  instead 
of  ten. 

The  Court  then  adjourned. 

WEDXESDAY-S  PKOCEEDIXGS. 

■Washington,  June  7.— The  record  of  the  previous 
day  was  read,  and  the  Commission  then  went  into 
secret  session,  and  after  a  short  time  the  doors  were  re- 
opened. Alter  considerable  delay,  in  consequence  of 
the  non-attendance  of  witnesses,  the  testimony  pro- 
ceeded as  follows  :— 

Be-£xaminatiou  of  Geo.  Boose  (Colored.) 

By  Mr.  Ewing.— The  day  in  regard  to  which  I  testi- 
fied previously  as  the  one  on  which  I  met  the  prisoner 
Dr.  Samuel  A.  Mudd.  on  a  l)yroad,  near  m  v  house,  was 
Easter  Saturday,  the  day  after  the  assassination;  from 
thepoiut  where  r  crossed  the  main  road  I  cnuUI  not 
see  the  whole  of  that  by-road:  if  anyhodv  had  b  en 
traveling  along  the  main  road  with  l)f.  Mudd,  the  per- 
son would  have  been  very  near  me  when  I  crossed  the 
road. 

By  Assistant  Judge  Advocate  Bingham.— Did  notsav 
that  I  saw  Dr.  Mudd  when  he  turnedotfthemain  ro.ad, 
and  not  having  seen  him  then  could  not  say  that  there 
was  no  person  with  him. 

Testimony  of  R.  E.  Skinner  (Colored). 

By  Mr.  Ewing.-I  live  in  Charles  county,  Marvland. 
and  have  been  the  slave  of  Jlrs.  Thomas,  mother  of 
Daniel  J.  Thomas,  whom  I  have  known  for  tliirtv 
years;  his  reputation  as  a  truth-teller  is  bad,  but  I  could  i 


not  say  that  I  would  not  believe  him  on  his  oath;  have 
heard  gfentiemen  say  thai  they  would  not  believe  him 
on  his  oath;  when  the  war  broke  out  he  was  not  a  loyal 
man;  since  then  he  has  been  changeaiile. 

By  Assistant  Judge  Advocate  Bingham.— Have  not 
heard  any  one  since  the  commencement  of  the  pre- 
sent trial  speak  of  Thomas  as  a  man  wlio  could  not 
be  believed  on  oath  ;  did  not  hear  any  gentleman  say 
that  ho  was  not  to  be  believed  on  oa"th  in  a  court  of 
justice. 

There  being  no  further  witnesses  present,  Mr. 
Ewing  stated  that  there  remained  to  be  called,  in 
Mudd's  case,  thirteen  witnesses,  none  of  wl.om  lived 
more  than  twenty-four  miles  from  Washington.  He 
l)resumed  that  the  subpcenas  of  the  witnesses  had  mis- 
carried, as  ho  was  informed  late  last  e\(  ning  that  a 
number  of  them  had  stated  that  they  had  not  been 
subpajnaed. 

Assistant  Judge-Advocate  Burnett  said  that  the 
subpcenas  in  each  case  had  been  promptly  issued  and 
sent  to  General  Augur's  Head-quarters,  with  the  direc- 
tion of  the  Secretary  of  War  that  they  be  served  forth- 
with. 

The  Commission  then  took  a  recess  until  two  o'clock, 
at  which  hour  the  body  reassembled. 

Testimony  of  John  W.  Wharton. 

By  Mr.  Ewing.— I  live  in  Baltimore ;  am  engaged  at 
Fortress  Monroe,  on  the  outside  of  the  tort;  the 
prisuncr,  Samuel  Arnold,  was  in  my  employment  as  a 
clerk  Irora  tlie  2d  to  the  )7th  of  April,  the  day  of  his 
arrest;  d  iring  that  period  I  was  absentonly  three  days; 
the  prisoner  jierfurmed  Ins  duties  regularly  and  faith- 
fully during  the  time  he  was  eniplo.ved  l/v  me:  I  re- 
ceived a  letter  iroiu  the  pris  ner  aboiit  tlie  latter  part 
of  March,  beibre  he  entered  into  rav  employ. 

Q.  Did  he  ssay  anything  in  that  letter  in  regard  to  hia 
former  occujialiDn? 

Assistant  Judge- Advocate  Bingham  objected  to  the 
question  as  irrelevant.    The  objection  was  sustained. 

Mr.  Ewing  then  moved  that  the  translation  of  the 
cipher  letter  alleged  to  have  been  found  in  the  dock  of 
Morehead  city,  North  Carolina,  be  stricken  from  the 
record  lor  the  twofold  reason  that  it  bore  upon  its  face 
an  evidence  that  it  was  fictiiious,  and  that  upon  the 
plainest  rule  (if  evidence  it  was  wholly  inadmissible, 
inasmuch  as  the  letter  was  in  cipher,  "and  the  hand- 
writing had  not  been  identified,  and  it  had  not  been 
shown  to  have  been  addressed  lo.  or  been  in  the  pos- 
session ot'anybody  connected  with  or  charged  to  have 
been  connected  with  the  conspiracy.  The'rule  in  re- 
gard to  declarations  in  cases  of  conspiracy  was  that 
the.v  might  be  admitted  where  they  were  declarations 
of  one  of  the  conspirators  and  that  where  they  are  the 
declarations  of  a  conspirator  they  must  accompany 
sonieact  of  the  ccnspiracy. 

Mr.  Ewing  read  fromljenaye,  page 289,  and  stated 
further  tliat  the  contents  of  the  letter  had  not  been 
shown  to  be  declarations  of  any  one  of  the  conspira- 
tors, but  were  entirely  unconnected  with  the  subject 
under  investigation,  and  were,  therefore,  inadmissi- 
ble. The  motion  h.ad  not  been  made  sooner  by  the 
speaker,  owing  to  the  fact  that  he  was  not  in  the  court- 
room when  the  letter  was  presented,  and  was  not  in- 
formed of  its  presentation  until  today.  (The  letter 
referred  to  h;is  been  published.) 

Assistant  Judge  Advocate  Bingham  stated  that  it 
was  alleged  in  the  charge  and  sjK'cificatic'ns  that  this 
conspirac.v  was  entered  into  by  the  parties  named,  and 
by  others  unknown.  He  cited  instances  in  which  the 
dcclai-ations  of  parties  who  were  neither  indicted  nor 
on  trial  were  admissible  as  far  as  those  declarations 
had  a  bearing  upon  cases  of  conspiracy,  and  tiie  princi- 
ple was  well  settled  tiiat  a  letter  written  and  never  de- 
livered was  admissible  on  a  trial  ot  coi:s)-'iracy.  The 
lettrrin  (jueslion  would  not  probably  alTect  "the  ac- 
cused at  the  bar.  but  it  should  not  be  e.xciuded  from 
the  Court  on  that  account. 

The  speai^er  contended  that  a  sufficient  foundation 
had  he.Ti  laid  to  justiiy  the  introduction  of  the  letter, 
as  it  had  beeh  shown  that  Booth  plotted  thf  assassina- 
tion o;  the  President,  Willi  the  agents  of  tlie  Rebellion 
in  Canada,  who  weiglied  him  oi:t  the  pri'-f  of  hlood; 
th:  I  it  fell  to  the  lot  of  one  of  the  conspirators  to  go  to 
Wasliinglon  anil  to  strike  a  murdero  IS  blow  in  aid  ot 
the  Rebellion  ;  that  another  w.as  order.^d  logo  to  New- 
berii,  N.  C..  and  that  this  inrenial  leter  was  picked  up 
in  the  vicinity  of  Newbern,  and  tlie  fact  that  it  was 
written  by  a  conspirator  was  ixitent  on  its  face.  Had 
the  letter  been  found  in  the  pocl:et  ot  Booth,  who 
would  say  that  it  would  not  have  bei!n  admissible  in 
evidence  ocainst  him,  and  against  every  one  else  con- 
S]'iring  with  him  in  this  bloodv  work  '? 

After  further  argument,  the  commission  decided 
not  to  sustain  the  motion  oi'  Mr.  i;.ving. 

Testimony  of  Miss  Minnie  Pole. 

By  Mr.  Ewing.— lam  acquainted  with  the  prisoner 
Arnold:  saw  him  on  the  20;h  ot  March,  in  an  omnibus 
going  to  Jlookstown,  and  the  27tli  at  his  uncle's,  on 
the  occasion  of  a  party  there;  saw  him  again  on  the 
isth  at  witness'  house,  near  Ilookstown. 

Judge  Advocate  Holt  stated  that  having  learned 
tliat  I  no  defense  would  not  call  any  furtli.er  wlL;ieoses 
with  a  view  to  impeach  the  character  of  the  witness 


TRIAL   OP   THE   ASSASSINS  AT  WASHINGTON. 


14T 


for  the  prosecution.  Lewis   J.  Weichman,  he  would 
now  call  several  witnesses  for  the  prosecution. 

Testimony  of  Jolin  Ryan. 

By  Judge  Advocate  Holt.— Have  been  acquainted 
witi)  Lew.s  J.  Weichman  lor  nearly  a  .voai,  though 
not  intiinate'.v,  merely  liaviiig  occasional  converya- 
lions  Willi  Inm  as  I  met  him  on  the  street:  liis  repu- 
tation (or  veracity  and  upriphtiiess  has  always  been 
good;  from  my  knowledge  of  his  character  1  would 
believe  him  under  ouh,  or  if  not  under  oath;  do  not 
believe  he  would  tell  a  falseliood;  1  recollect  a  con- 
versation wliich  toolc  place  between  him  and  myself 
about  the  time  ot  the  evacuation  of  Richmond;  my 
impression  is  that  during  the  conversaiion  he  re- 
joiced at  the  ))rospect  of  a  restoration  of  the  Union; 
have  no  recollection  tliat  he  ever  expressed  any 
other  than  loyal  sentiments. 

Cross-examined  by  Mr.  Kakin.— Cannot  remember 
any  couversation  with  Weichman  on  political  sub- 
jects prior  to  the  evacuation  oc  Eichmond,  other  tlian 
that  of  which  I  have  spoken:  do  not  recollect  ever 
having  her.rd  him  expre-  s  any  other  than  Union  sen- 
timents; he  never  rciiroseutcd  to  me  thatbis  relation 
with  the  War  Department  wasof  a  confidential  nature; 
no.  or  heard  anytiiing  said  against  his  character  for 
honesty  and  veracity. 

Examination  of  Frank  Statt. 

By  Judge  Holt.— I  have  known  Lewis  J.  Weichman 
about  s.xteen  months;  his  reputation  as  an  honest, 
truth-telling  man  is  very  good  indeed,  as  iar  as  l  know 
it;  we  were  both  in  the  public  service  in  the  same 
oince:  be  bore  an  excellent  reputation  for  loyalty 
there:  he  was  alw.iys  outspoken  and  frank  in  his 
friendship  lor  the  Government,  as  tar  as  I  knew;  he 
was  connected  with  a  military  volunteer  organization 
for  the  de  eiise  of  Washington. 

Cross-examined  b.v  Mr.  Aiken.— I  made  my  ac- 
quaintance with  Mr.  Weichman  as  a  clerk  in  the  War 
l)epartmeut;  niy  relations  witli  him  were  not  ver.v  in- 
timate; I  never  heard  of  his  being  a  detective  in  the 
W:ir  Dep;irtmont:  the  military  organization  of  wliich  I 
speak  was  composed  exclusively  of  clerks  in  the  de- 
partment; it  was  considered  at  the  time  the  organiza- 
tion was  formed  equivalent  to  dismisbal  from  olliee 
not  to  join  it. 

Testimony  of  James  P.  You.^g. 

By  Judge  Holt.— I  am  clerk  in  General  Meigs'  office; 
I  have  known  the  witness  Weichman  since  IS.'.G:  his 
reputation  has  been  that  of  an  honest,  initli-telling 
man.  witluut  any  reproach  whatever:  I  was  iic  illegc 
classmnle  with  liim  in  the  Central  High  School  of 
Philadelphia,  in  the  summer  of  18.50:  lie  remained  in 
that  college  two  or  three  years;  I  met  him  in  Wash- 
ington about  eighteen  mv>nths  ago,  and  have  since 
been  very  intimate  with  him:  I  have  bad  many  con- 
versations with  him  on  the  subject  of  the  country,  and 
I  regard  liim  as  an  entrely  loyal  man;  I  mav  state 
that  he  was  a  member  ol'  the  Un^on  League:  he  has  at 
all  times  been  irank  and  unhesitating  in  his  expres- 
sions of  loyalty. 

Cross-examined  by  Mr.  Aiken.— The  Central  High 
School  of  Philadelphia  is  both  a  college  and  a  school 
for  boys;  we  entered  Divisions  H,  G  and  F,  which  or- 
responds  with  the  '•  freshmen  class"  in  college:  I  never 
heard  Weichman  declare  his  intention  to  become  a 
minister:  1  could  not  slate  whether  or  no  his  inten- 
tion tnjoin  the  military  organi;;ation  to  wliirh  lie  be- 
longed was  an  equivalent  to  hi:<  dismissal  from  ollice 
or  not;  I  don't  ke.ow  when  he  .joined  the  Union 
League;  lam  aN'o  a  member,  and  i  know  that  he  in 
by  unmistakable  «;igiis;  Mv.  Weichman  gave  the 
signs  by  which  members  know  each  other. 

Q.  What  signs  did  he  give  you?  A.  He  gave  me 
si,gns  which  ifre  j)eculiar  to  the  Union  League. 

Q.  What  are  these  si:rns? 

The  question  was  objected  to  by  Judge  Bingham  as 
wholly  immaterial. 

General  I  '<ster— T  object  to  the  counsel  taking  up  the 
time  of  the  Court  b\-  .asking  any  such  (juestioiis. 

Mr.  AikfMi— My  objct  is  to  show  tiiat  the  witness 
does  not  know  that  he  is  .a  member  of  the  Union 
League,  the  only  c(mipetent  evidence  being  his  signa- 
ture to  its  Constitution.    But  I  withdraw  the  question. 

TesJimony  of  P.  T.  I>ansforitl. 

P.  T.  Hansford  was  called,  and  gave  the  same  testi- 
mony as  the  last  two  witnesses  in  respect  to  Weich- 
man's  loyalty. 

TestJmiony  of  John  T.  llollalian. 

By  Colonel  Burnett.— I  have  resided  in  Washington 
all  my  life;  commenced  hoarding  at  Mrs.  Surratt's 
house,  on  II  street, the  first  week  in  Februarj-,  and  con- 
tinued till  the  Saturday  night  after  the  assassination; 
saw  Atzerotli  there  several  times  at  meals,'but  did  not 
know  him  by  name;  I  saw  Payne  there  once,  at  break- 
fast, under  the  name  of  Wood;  Atzeroth  was  with  John 
Burratt  and  two  or  three  friends,  all  together  at  the 
table;  heard  none  but  general  conversation;  did  not 
know  of  Mrs.  Surratt's  defective  eye-sight;  I  was  al- 
ways recognized  by  her;  I  have  seen  Booth  there  fn-- 
quently  in  the  parlor,  with  Mrs  .Surratt  and  the  young 


ladies;  I  never  saw  Harold  at  that  house:  I  saw  Mrs. 
slater  tl;ere:  I  w:,s  dressing  mvse.'f  0:;e  morning 
about  ha'i-past  seven  o'clock,  aiid  saw  Mrs.  yia'er 
t  ei  ting  into  an  open  carnajte;  Mrs.  Surr.att  was  on  the 
pavementat  thetime,  talkingto  th  s  lady;  I  am  not 
positive  whether  she  gave  this  ladvan*  assistance  or 
not;  this  was  ;. bout  two  wet  ks  previous'  to  theassassi- 
na. ion:  1  saw  John  H.JSurratt  n,r  I  he  last  time  mi  the 
;^d  of  April;  I  didn't  know  then  where  he  had  returned 
from;  I  Uarned  it  after  the  assassination,  from  Weich- 
m.ai;  the  last  time  I  saw  John  H.  fiurratt  previous  to 
the  ;id  of  April  he  was  getting  into  a  buggv  witli  this 
lady:  he  rapped  at  my  room  door  about  lu  'o'clock  on 
rhe  night  of  the  ;;d  of  April,  the  day  the  news  was  re- 
ceived of  the  evacuation  of  Ric/.mond:  I  gave  him 
sixty  dollars,  in  payment  of  forty  in  gold  he  exchanged 
with  me:  he  said  he  wanted  to  go  to  IS'ew  York,  and 
could  not  get  it  discounted  in  time  for  the  oarlv  train. 

Cross-examined  by  Mr.  Aiken.— I  oorit  know 
who  Atzeroth  came  there  to  vi  it:  I  don't 
know  anything  of  the  displeasure  of  the  family 
at  Atzeroth  beingthere,  except  from  what  I  have  heard 
them  say;  they  sometmies  made  fun  ot  him,  while  he 
was  there;  I  was  not  at  the  house  olten  at  night,  and 
don  t  know  whether  Mrs.  Surratt  was  able  to  read  and 
sew  by  gas-light  or  not. 

Q,  Can  you  state  whether  Weichman  gave  himself 
up  alter theassassination.  or  whetherhe  was  arrested 
and  taken  to  ihe  police  office. 

Question  objected  to  by  Colonel  Buruett  as  not  legiti- 
mate to  cross-examination. 

(J.   Did    you    accompany   Weichman  to    Canada. 

Question  objected  to  by  Colonel  Burnett  lor  thesame 
reason  as  above. 

Q.  Who  were  the  first  parties  who  entered  Mrs.  Sur- 
raifs  house  the  night  after  the  assassination. 

C:olonel  Burnett.    You  need  not  state  tuat. 

Q.  State  it  you  have  any  knowledge  of  John  H.  Sur- 
ratt  being  in  this  city  since  the  3d  of'A])rir?  A.  None. 

Q.  Did  you  see  Weichman  at  three  o'clock  Saturday 
m  nil.ig,  April  15th?  A.  I  did. 

Q.  \viiero  was  he? 

Colonel  Burnett— All  this  is  outside  a  proper  exami- 
nation. 

Mr.  Aiken  stated  that  the  counsel  for  the  defense 
had  not  objected  to  any  testimony,  legal  or  illegal, 
sought  to  be  introduced  by  the  Government,  and  they 
claimed  tlie  same  liberality  in  introducing  testimony 
tending  to  shield  the  accused  Irorn  the  crimes  with 
which  the.y  were  charged. 

Colonel  Bui-nett  replied  that  the  rebutting  evidence, 
as  to  this  point,  was  commenced  by  the  Government 
upon  the  statement  of  the  counsel  lor  Mrs.  Surratt 
tnat  h:s  evidence  for  impeaching  the  character  of 
Weichman  was  closed;  he  denied  that  the  Govern- 
ment had  introduced  any  evidence  not  legal  or  legiti- 
mate. 

Mr.  Ewing  said  that  with  the  consent  of  the  Judge 
Advocate,  ho  proposed  to  put  some  questions  to  this 
witness,  as  a  witness  for  thede'ense. 

Colonel  Burnett  assented, and  the  examination  waa 
coiuimu  d  hy  Sir.  Ewing: 

I  km  w  a  Mr.  Jaiboe:  I  do  not  know  whether  his 
name  is  Jud  onornot:  I  neve  rsaw  him  at  Mrs.  Sur- 
rati's  house  or  heard  of  his  being  tiiere;  1  never  knew 
ii.e  prisGUir,  Dr.  Mudd,  to  go  there  or  heard  of  his  being 
at,  the  house. 

Cj.  state  \\  hether  Weichman  gave  himself  up  after 
the  assassination  of  the  i'resident. 

Ci^esiicn  ofjected  to  by  Cwlonel  Burnett.  Mr.  Aiken 
had  been  exfhided  from  asking  ti.e  question  because 
he  had  stated  that  he  li-.id  close  his  evidence  upon  this 
1.0  nt  and  he  des. red  now  to  see  whether  tiie  Court 
wduld  all'.iw  the  same  list  of  questions  to  be  turned, 
ovrr  til  the  counsel  lor  another  prisoner  and  in  no  way 
alf  cted  Ijy  the  te,-itiiuony  and  put  to  the  witness. 

M.-.  i;wiiig  declared  the  reprimand  as  unnecessary 
and  exccediU  ;ly  out  of  jdace.  •  It  was  net  the  business 
01  the  C  un  to  know  where  he  got  hi  j  questions,  and 
the  Assistant  .lud^e-Advocate  had  steppe  tl  beyond  the 
pro.,rieties  of  his  position  Vvflien  he  undertook  to  get 
that  iniormatiou.  lie  would,  however,  state  that  the 
questions  were  written  by  himself  ori,;inaUy  and 
handed  by  him  to  Mr.  Aiken,  who  was  examining  the 

WllULSS. 

(.'ol.  Burnett  said  that  Mr.  Ewing  was  only  permitted 
to  make  the  witness  his  own  by  his  courtesy,  and  he 
iiiivv  Withdrew  his  consent. 

Jidgellolt  remarked  that  the  witness  had  been 
placed  in  the  hands  of  Mr.  Ewing  as  his  own  witness, 
and  he  doubled  the  right  now  to  withdraw  his  con- 
sent. 

judge  Bingham  made  the  further  objection  of  the 
ineom",jetency  ol  the  testimony,  till  the  lo'undatiou  had 
b  en  laid,  of  asking  the  question  first  of  Mr.  Weich- 
man himself. 

The  objection  was  sustained  by  the  Court. 

U.  Did  you  go  with  Weichman  to  Canada  and  back? 
A.  1  did;  be  appeared  to  be  a  good  deal  excited;  he 
was  much  excited  the  morning  alter  the  murder;  the 
lir.st  persons  who  entered  Mrs.  Surratt's  house  on  the 
.Saturda.v  alter  the  murder  were  McDevilt,  Clark  and 
others,  of  the  Metropolitan  Police;  It  was  about  two 
o'clock  in  the  morning;  I  think  Weichman  opened 
the  daor  to  let  tlie  men  in;  1  did  i:ot  sei;  v.'hether  he 
was  dressed  or  not;   1  took  Weichman  down  myself 


148 


TRIAL   OF  THE   ASSASSINS   AT  WASHIXGTOK 


to  Superintenclent  Richardson  tlie  morning  alter;  lie 
did  uul  exprtss  liimi-;eH  as  wishing  lo  boueiiverod  up. 

Teslictaoiiy  of  Jas.  McDJevitt. 

By  Col.  BiinieU.— I  went  to  IMrs.  Suiratt's  liuuse  with 
othtr  oUicL'r.i,  uouut  'Z  o  cUiclv  the  lufrlil  alter  the  uiur- 
d(.r;  a.  lady  lUii  her  head  out  ofoiio  of  llie  upper  win- 
dows and  asked  wiio  was  there:  we  aslced  u  JNiis  8ur- 
rau  lived  tiiere,  and  she  sald-slie  did:  Weicliniun  then 
came  down  and  oiieued  thedciur;  iie  appeared  as  ilhe 
had  just  gotten  out  of  bed;  lie  was  in  his  shirt,  panis 
and  stocUings;  he  went  to  Canada  in  my  charge  lor  the 
purpof.e  of  ideiitii\i;ig  Joliu  11.  tSurratl:  he  had  abun- 
dant opportunity  to  e.seape  wJiiie  in  t.'aaada,  and,  in 
fact.  I  le  I  hiiii  in  C.cnadaaiid  returned  to  iN'ew  York. 

Cross-e.\aiiiin^  d  by  Jir.  Aiken.— Weichman  did  not 
make  any  conleBSionsm  rei,ard  to  hiuisell';  when  1  leil 
h'la  in  iNjiOntreal  he  was  in  cumiiany  witli  ollieer  Be.;- 
ley,  but  he  Could  liave  escaped,  lor  he  wi'nt  oat  once 
Willi  a  citiZ(  n  of  Montreal,  aceouipanied  by  an  ofiicer, 
to  identijy  some  parties  at  .St.  Lawrence  Hull. 

Judge  liintjijani  objected  10  the  testimony  as  imina- 
ter.al.  Everyljudy  knew  that  when  Weichiuaa  was 
taken  wdhin  a  lureiyn  jurisdiction  he  waslree. 

W  iine.-s.— 1  did  not  hnd  John  11.  iSurrait  at  at.  Law- 
rente  llall;  his  name  was  regiitered  on  the  Glh  of 
April,  and  again  on  tiie  isth;  he  le  t  tlie  hotel  the  day 
■we  arrived  in  Canada,  which  was  on  llie2uih  of  April: 
I  got  the  first  inlurinatioiithati  would  be  likely  to  hud 
Surralt  in  Llimtreal.  and  that  is  the  reason  wiiy  1 
took  Weichman  t.iere;  Mrs.  Surratt  stated  to  uie  when 
I  called  tJjere  that  sue  had  received  a  letter  that  day 
I'roiu  John,  dated  ill  Canada;  we  were  inquiring  lur 
the  son:  she  saiti  she  liad  nut  seen  humor  livo  weeks, 
but  h;.d  received  a  letter  irom  him  that  day:  I  asked 
her  where  it  was,  she  said,  •'somewhere  about  the 
house:'  1  could  not  tind  tlie  letter;  I  didn't  ask  Mrs. 
Jiurialt  to  hnd  it. 

Testimony  of  J.  Z.  Jenkins. 

By  Colonel  Burnett.— The  witness  detailed  the  par- 
ticulars of  assembling  a  party  of  Union  men  in  the 
early  part  oi  the  war,  and  watching  a  flag  lor  a  night 
and  a  day  to  prevent  .Secession  sympathizers  Iruni 
hauling  It  diiwn.  The  witness  was,  at  that  time,  the 
oniy  man  of  any  means  not  a  Democrat  in  his  district. 
lie  made  great  eliorts  and  e.vpeuded  ruone.v  needed 
for  his  family  in  getting  Union  voters.  He"  liad  ul- 
way--  biH  n  a  loyal  man,  and  voted  lor  Charles  B.  Cal- 
vert in  l_;u2,  luit  m  the  last  election  voted  lor  Harris, 
Democrat,  the  lirst  time  in  his  hie  he  had  ever  voted 
the  Democratic  iicket.  He  had  nut  lust  any  proiJerty 
in  cunseiiurnce  of  the  war,  e.Kcept  his  negroes",  and 
never  made  any  complaints  of  tnat. 

Testimony  of  And  re  w  CoIIenback. 

By  Colonel  Burnett.— I  mot  J.  Q.  Jenkins  on  the 
night  of  the  17th  oi  May,  at  i'loyd's  llutel.  in  Surratts- 
viile:hesaid  he  understoxl  1  had  been  telling  lies  on 
him,  and  ii  he  found  it  lo  be  the  truth,  he  Wuu.d  give 

me  the Whipping  1  ever  had:  af  ler  that  he  said  if  1 

te.t.fled  against  him,  uran.v  one  connected  with  him, 

he  would   give   me  a whipjiiiig;    that  was  in  tiie 

pre.ence  Oi  Mr.  Cotlingham  and  Mr.  Fluyd;  he  did  nut 
mention  Mrs.  .Surratl's  name;  I  have  known  him 
abo'.it  ten  years,  and  never  heard  him  express  anv 
disloyal  sentiments:  1  did  nut  consider  him  on  that  oc- 
casi  jii  very  drunk,  but  lie  had  been  drinking. 

Cross-examined  Ijy  Mr.  Aiken.— 1  did  not  take  any 
son  of  mine  to  Alexandria  and  put  him  in  the  Rebel 
army;  he  went  thereby  liis  own  consent,  ana  without 
mine;  I  did  nut  place  any  restric'tions  in  the  way  ofhis 
going;  Mrs.  tuiratt  has  not  given  my  family  ver.v  much 
in  the  w.iyoi  lood  and  clothes;  slie  has  not  been  a 
friend  any  more  ihi  none  neighbor  would  beloaiiothei; 
my  son  returned  IVuni  the  Rtbel  army  about  three 
Weeks  agu;  1  havi,'  been  a  Dem(>crat  in  politics  during 
the  war:  1  do  nut  recollect  that  I  have  olten  said  1 
Wished  the  boutu  to  succeed  or  expressed  disloyal  senti- 
ments. 

Testimony  of  JiKlson  Jarbol. 

By  Mr.  Kwing.— I  live  iu  Prince  (Jeorge  county;  I  do 
not  know  oi  aii.v  other  Judson  Jarbnl  livinginthat 
COun>y;  1  never  saw  the  prisoner.  iJr.  Mudd,  belore  liis 
arrest,  and  d.d  not  miethlm  last  wiuter  on  11  street, 
or  any  other  time;  I  saw  Mrs.  tturrai  t  in  April;  Iliad 
not  seen  her  lorthree  .vears  belore;  1  have  notseeii  the 
Rev.  JMr.  J'.vans,  who  used  lo  live  in  our  neighborhood, 
lor  several  years  until  recently;  1  met  him  some  three 
weeus  ago  on  the  street;  1  WMS  standing  on  the  corner 
01  Gaud  bevenlh  street,  and  he  walked  past  me;  he 
used  to  attend  the  Methodist  church  in  my  neighbor- 
hood. 

Cross-examined  by  Judge  Bingham.— I  know  John 
II.  Surratt;  have  not  met  him  very  olten;  I  met  him 
on  ^eveiiih  street  sume  time  early  in  March,  at  a  res- 
taurant oiipo-ite  Udd  lei  ows'  Hall;  several  persons 
were  with  lum;  Icannotstate  who:  I  only  justsp;)ke 
to  him;  1  did  know  J.  Wilkes  Booth;  I  know  Harold; 
he  was  not  with  .Surrnlt  when  1  met  him  on  Seventh 
street;  1  do  not  lUiuli  1  knew  any  of  the  other  periious 


except  Mrs.  Surratt;  I  mot  her  at  the  Carroll  Prison 
1  was  uiuortunately  there  mysell;  my  daughter  was  in 
a  room  with  her,  and  1  went  to  tue  room  lo  see  my 
daughter;  1  did  not  talk  lo  her  about  John  orabout 
Harold;  1  do  not  know  that  1  got  into  any  particular 
trouble  witn  the  fJovernmeiit:  1  was  arrested  on  the 
road  un  ine  l.jth  of  April;  1  do  not  know  wli.v;  there 
is  no  charge  against  lue  that  1  know  of;  I  would  Ijke 
lo  Know  ifi  am  here  as  a  witness  or  on  trial. 

JudgeBingham.— You  have  ihe  rigut  lo  decline  oa 
the  ground  mat  the  answer  will  crim.nate  you.  1  want 
to  know  wheihor  you  «ere  not  accused  of  oUencea 
ag  iinst  the  Uovernment  in  Maryland?  A.  I  do  not 
niiiik  1  was;  1  do  not  know  wliat  i  was  arrested  lor;  I 
have  not  lieard  ui  a  sold.er  being  killed  lately  down  in 
my  neicjhboriiood;  tuey  asked  nie  soi.ielliing  about  a 
man  naimd  Buyle.  if  1  knew  him,  and  it  1  had  not 
harbored  hini;  l  told  them  1  had  not;  tiiey.'^aid  he  was 
charged  w.tn  the  murder  oi  a  man  by  me  name  of 
\Vat.,ins;  1  knew  Boyle  when  lie  was  a  buy,  but  1  have 
not  seen  him  lor  lour  years:  1  do  not  know  vvlnni  the 
murder  was  couimiltea;  Uaptaiu  \v  atkiiis  lived  a  long 
w.tyalVom  me;  I  do  not  tainii  ±  havejoiued  in  aiiyjoi- 
lilicat.on  in  honor  ot  Rebel  victories;  I  conid  not  ex- 
pect tne  success  of  the  llebeiliun. 

Mr.  Lwing  said  this  w  as  a  species  of  incjuisition  of  a 
witness  nut  oiteu  indulged  iu. 

J  Liuge  Bingijam  staled  that  the  witness  must  answer, 
uuIlss  on  tiie  gruUi.d  mat  his  answer  would  criminate 
himaeli.    The  examination  was  a  prop,  r  one. 

Tlie  witness  resumed.— 1  haruly  Kuow  what  will  cri- 
minate ins  here.    (Lau-hter.; 

li.  is  it  your  opimun  that  luese  Confederates  down 
here  are  criminals  at  all?  A.  i  do  not  know  much 
about  it. 

U.  Have  you  not  expressed  an  opinion  that  the  Con- 
feieracy  was  all  right?    A.  i  d  j  nut  think  1  liave. 

Q.  Do  you  not  tuinii  that  way?  A.  1  think  a  good 
many  things. 

U.  tetate  whether  you  made  an  assault  upon  a  man 
on  election  day,  about  lour  years  a„o,  and  what  you 
did  to  him.  A.  Are  you  going  to  try  me  lor  tnat,  be- 
cause 1  have  been  tried  lurluattwiee.    ti^augluer.) 

U.  iSiaie  whether  yuu  atl^icked  u  man  down  there 
abuut  luur  years  ago,  and  killed  hiui.  A.  Tiiere  was  a 
pie.iy  smait  aitaelc  made  on  me:  1  understand  the 
man  was  killed,  but  1  do  not  know  who  did  it;  1  have 
answered  these  questions  be. ore,  and  1  do  not  know 
whemer  1  ougiit  lo  answer  tnem  again;!  could  not 
leil  wlietner  somebody  killed  lum  or  nut. 

(J.  Did  you  havealiand  111  it?    JN'o  answer. 

U-  NV  hat  was  the  man's  name  tnat  was  killed?  No 
answer. 

Mr.  Lwing  to  witness.— If  you  have  any  statement 
you  uisii  to  make  ot  the  circumstances  of  the  case  you 
can  make  it. 

\vitiie  s.— I  do  not  know  whether  the  Judge  wants 
tokiiowad  the  particulars  about  it  or  not.  i  have 
been  tried  by  our  Loui  t  and  acquitted. 

Dy  Mr.  Lwiiig.— tj.  In  wuat  court  were  you  tried? 
A.  m  our  LuuuiyCuurt. 

U.  Wire  you,  duriug  last  spring,  winter  or  fall  in 
any  liouse  on  H  street,  in  \\  asniagtuu?  A.  1  do  not 
liuiik  1  was;  I  do  nut  tlmik  l  n.ive  any  acquaintances 
living  on  11  street;  1  do  nut  kuow  in  wi.at  p..r[  of  the 
city  iurs.  t-urratt  lives:  1  ne\  er  saw  her  house  in  my 
lie,  and  do  not  know  anyming  about  her  residence 
at  all. 

By  Judge  Bingham.- Q.  Y'ou  say  you  were  tried  in 
j'our  couniy  cuur.;  \,  hat  wei  e  yuu  tried  for?  A.  1  sup- 
pu.  e  1  was  iried  li.r  what  yuu  saidawhiie  ago;  yuu  said 
1  killed  a  man;  1  was  tried  a\  that  ca^e. 

U.  Were  you  tried  lor  me  murder  of  a  Union  man? 
A.  1  do  nut  kiiuw  whether  he  was  a  Union  man  or  not. 

Mr.  Tiiomiison  aad  Dr.  B.aniurd  were  called  by  Mr. 
AiKen,  and  lesiihed  to  the  loyalty  of  me  witness,  J.  'Z. 
J  L'ni].ius. 

ISe-It^xamination  of  9Iiss  Anna  Snrratt. 

By  Mr.  Aiken.— Q.  State  w.ietheryou  recognize  that 
piciure.  (,1-iei.ure  containing  tue  mono,  "lin.s  will  iC 
e  V  er  be  with  tyrants:  \  irginia  toe  mignty;  bic  semper 
(i/nuiui.s.")  A.  Y  es;  it  was  given  to  me  by  a  lady  about 
two  and  a  half  jeais  ago;  x  asked  her  .or  it;  she  at  llrst 
re  usvd  to  give  It  lo  me;  Iputu  in  my  jiort.olio.  and  it 
has  l.un  mere  ever  since;  r  have  scrceiy  seen  it. 

By  Mr.  li^wing.- Q.  How  long  have  your  lamily  been 
livii  g  at  me  house  lliey  now  occupy  on  H  street,  be- 
tween &1.VI  n  andbeventh  sireeis?  A.  famce  me  lirst  of 
Ccloberlast. 

<j.  Have  ihe.y  occupied  any  other  house  iu  Washing- 
ton?   A.  Kosir. 

ti.  Have  yuu  seen  Judson  Jarboe  at  your  house?  A. 
No;  he  never  visited  tlure  ana  1  never  saw  hiiii  there; 
1  have  Seen  him  pass,  when  1  was  in  the  country,  m  a 
buggy,  but  have  never  spoken  to  him;  1  was  not  ac- 
quainted will!  him. 

U.  Are  you  the  only  daughter  of  Mrs.  Surratt?  A. 
Yes.  1  am  her  only  daugliler. 

y.  Did  you  ever  see  or  hear  of  Dr.  Samuel  Mud(} 
being  at  yourhouse?    A.  Ko  sir. 

The  Court  then  adjourned. 


TRIAL   OF   THE   ASSASSINS   AT  WASHINGTOX. 


149 


TI«JRS»AY'S     PROCEEDINGS. 

"Washington,  June  8.— The  record  of  the  previous 
day  was  read. 

Mr.  Evving.  with  the  consent  of  the  Judge  Advocate, 
filed  in  evidence  OrJer  No.  26,  dated  February  22.  is(i:!, 
defining  the  boundariesof  the  Military  De;3art!nent  of 
Washington,  together  with  a  map,  identilied  by  a 
witness.  Dr.  Blandiord,  as  correct,  showing  tlie  roads 
and  localities  in  the  neighborhood  of  the  house  of  the 
prisoner.  Dr.  Mudd. 

Judge  Advocate  Holt  filed  in  evidence,  without  ob- 
jection. Order  Mo.  HI,  certified  by  ilie  SHCretaiy  of 
War,  promulgaiinjj  tbo  proelaiuatioii  of  lht>  President 
of  the  United  .states,  and  clatud  fe^ijt.  24,  IS  .2,  susiiend- 
ing  the  writ  of  habeas  corpus,  and  providing  lor  the 
trial  by  military  authority  of  ail  disloyal  persons,  and 
aiders  and  abettors  of  tlie  Uebelliou,  <te.  Tbo  Secre- 
tary of  War  certilies  that  ilie  order  is  u  true  copy,  and 
that  the  same  is  in  fuil  torce  and  not  revul<ed. 

Mr.  Ail<on  aslvpd  permission  to  offer  in  evidence,  on 
the  uartol  Mrs.  Suri-alt,  the  )ollllVvin^' paper:— 

St.  Lawrenck  Hai.l,  JIontukal.  .Uiae;i,  1S65.— I 
am  an  ac.ur  bvprofession.  at  present  tilUng  an  engage- 
ment nt  Mr.  Buckland's  Tlieatre  in  this  city;  J  arrived 
hereon  tbel2-h  of  Mav;  I  performed  two  enga^'eiuen's 
at  Ford's  Theatre  in  WasliuiKton  during  tlie  past  win- 
ter, llio  last  one  closing  on  Saturday  evening,  2.')th  of 
March;  I  left  Washington  on  .Sunday  evening.  2:ilh  oi' 
March,  and  have  not  been  tliere  since;  I  iiave  no  recol- 
lection of  meeting  any  person  by  I  lie  nanieof  Weich- 
man.  JOUN  McCULLOUnH. 

Sworn  to   and   subscribed  be  ore   me,  at  the   UuRed 

States  Consulate  tieneral  in  Montreal,  this  Uiinl  (3d> 

day  of  June.  A.  D.  1865.  C.  II.  PuW  BkS. 

Vice  Consul-General. 

Judge  Bingham  objected  to  the  receiniou  of  the 
paper  on  the  giound  that  it  was  wholly  inimatenal 
whether  Mr.  McCulloUiih  ever  met  liie  w.tness  Weich- 
jna.n  or  not.  Weicbman,  when  on  the  stand,  Irad  been 
aslied  bv  theolliersidpwhether  lie  saw  McCuUougb, 
and  it  w'as  not  competent  now  to  attempt  to  impeach 
bira  on  that  issue,  as  it  was  not  material  wliethor  he 
d.d  or  not  see  McCullough. 

Mr.  Kakai  said  the  paper  furnished  a  complete  refu- 
tation of  a  statement  made  by  Weicliiiian,  so  far  as 
concerned  the  iact  ofhis  having  seen  INlCL'ul.ough.  and 
this  was  material  i'l  so  farasio  contradicted  one  item 
of  thestatement  of  that  witness. 

Judge  Advocate  Holt  read  irom  several  authorities 
insupport  of  the  [losition  assumed  by  the  ))rosecution. 

The  objection  of  the  J udee  Advocate  was  sustained 
and  the  paper  ruled  out. 

Testimony  of  Colonel  J.  C.  Ilollasxl. 

By  Mr.  Ewing.— I  am  Provost  Marshal  lor  the  Filth 
Congressional  District  oi  Maryland;  I  am  aciuauited 
with  Daniel  J.  Tiiomas;  I  did  not  at  any  time  during 
last  spring  or  winter  receive  a  letter  fro. a  himtothe 
effect  that  Dr.  S.  A.  Mudrt  liad  said  to  him  tliat  Presi- 
dent Lincoln,  his  whole  Cabinet  and  every  Uiiiun  man 
in  theStateof  Maryland  would  be  killed  wit  bin  six  or 
seven  weeks:  I  never  received  from  Thomas  any  let- 
ter in  which  the  name  of  Dr.  Samuel  A.  Mudd  was 
mentioned:  I  did  receive  a  letter  Irom  liiui,  dated 
February  ath,  18(;5:  Mr.  Thomas  was  wuat  was  called 
an  independent  detective,  that  is  he  was  not  commis- 
sioned under  the  Government,  but  by  me  sieciallylo 
arrest  deserters  and  dralted  men  who  failed  to  report, 
forwhicli  bis  compensation  w. IS  the  rewanl  allowed 
by  law  for  such  arrests:  such  commissions  were  given 
to  all  who  applieil  lor  them. 

By  Assistant  Judge  Advocate  Burnett.— The  letter 
which  I  read  from  Thomas  had  some  reterence  to  Dr. 
Geo.  Mudd.  with  whom  I  am  acquainted. 

The  hour  of  one  o'clock  having  arrived,  the  Commis- 
sion took  a  recess  until  two  o'clock,  at  which  time  the 
body  reassembled. 

Testimony  of  Alex.  Browner. 

By  Mr.  Doster.— I  live  in  Port  Tobacco;  I  have 
tnown  the  prisoner  Atzerolh  lor  the  last  si. v  or  eight 
years:  Atzerotli  wai  at  Port  Tobacco  several  times 
during  the  spring;  at  one  time,  about  the  latter  part  ul 
February,  I  was  going  to  the  country,  and  lie  went 
with  me:  I  think  on  that  occasion  he  had  come  from 
Bryantowu,  and  was  riding  arsorrel  horse;  i  never 
considered  the  prisoner  a  courageous  man;  he  is  gene- 
rally known  as  being  a  coward;  as  an  it^tanceoi  his 
want  of  courage,  I  have  seen  him  makejnetty  good 
timeiu  getlmgout  ofthe  way  when  a  pistol  was  lired 
(luriuga  melee  or  anything  of  that  kind. 

Testimony  of  JTobu  S.  Baden. 

By  Mr.  Ewing.— I  live  in  Prince  George  county, 
Maryland.  I  am  acquainted  with  Daniel  J.  Thomas. 
He  is  generally  known  as  a  very  untruthlul  man. 
From  my  knowledge  of  his  character  I  do  not  think  1 
would  believe  him  unuer  oath. 

Cross-e.Kamiued  by  Judge  Advocate  Holt.— I  never 
tnew  Thomas  to  swear  falselv.X  I  do  not  hold  that  bo- 
cause  a  man  speaks  an  untrutK  he  will  necessarily 
swear  falsely. 


Mr.  Ewing  stated  that  there  remained  to  bo  called 
eight  witnesses  in  tlie  case  of  Mudd,  wnom  he  desired 
to  question,  witli  a  vie\V  to  pm  impeachment  ofthe 
witness'Tiiomai,  but  they  were  not  present.  One  of 
th  .J  witnesses  w.;s  e.xpected  lo  testify  in  regard  to  the 
W;iereaoouts  of  Mudd  on  tho2.;d  of  uecember  last. 

Mr.  Doster  stated  that, in  the  case  of  Payne,  he  de- 
sired to  ca  I  si.-c  additional  witnesses,  for  tne  purpose 
ofsliowing  Ine  antecedents  of  liie  prisoner,  and  the 
predispos.tion  ofhis  wliole  tamilyto  insanity.  The 
j^)vv//,r.i  forsubpoeneasin  theca>esot  these  witnesses 
were  hied  at  least  ten  days  ago,  ami  they  sliould  either 
now  apiiear  orbom3  cause  be  sliown  for  tlieir  conti- 
nued absence.  In  the  case  of  vVtzeroih  three  wit- 
nesses remained  to  be  ca:led,  by  wnom  it  was  ex.- 
peeted  to  impeach  a  witness  called  for  tiie  iirosecution. 
These  liiree  witiie-S"S,  the  speaker  stated,  had  ac- 
knowied-ed  to  him  the  tact  tiiat  tuey  had  bjen  sum- 
moned, and  yet,  notwithstanding  that,  tliey  had  not 
appeared. 

Judge  Advocate  Holt  inquired  the  names  of  the  wit- 
nesses not  in  attendance  wuo  did  acijnowiedge  to  have 
been  summoned. 

Mr.  Dos  er  gave  their  names  as  follows:— Associate 
J'islice  Olin,  of  the  District  of  Columbia,  Marcus  P. 
INorton  and  Henry  Burden. 

Jud^eUolt  staled  to  the  Commission  that  the  wit- 
nesses named  had  failed  to  appear  alter  having  been 
duly  summoned  as  stated  by  me  counsel  and  suggested 
the  propriety  (  f  using  compulsory  measures  to  secure 
their  attendance. 

Mr.  Dostersaid  that  he  did  not  wish  to  beunderstood 
as  asking  for  the  arrest  of  the  witnesses;  tnat  he  would 
iies.t.ite  long  be  oie  asking  for  the  arrest  of  a  Judge  of 
theSuprem  'Court. 

J  udye  Holt  remarked  that  those  who  administered 
the  law  ouubt  certainly  to  show  obedience  to  it.  He 
had  u.ider>iood  that  Judge  O  in  had  adjourned  his 
t:ouit  to-d.ivin  consequence  of  the  milnary  review 
which  wastakin■;■p.aeell^^^■aslllngIon,  and  If  the  Com- 
mission so  ordered,  he  would  take  me.'.sjres  to  compel 
Iheattendanceoi  that  gentleman  beiore  the  body  as 
soon  as  p  issiblo. 

ftlr.  Dostersaid  that  the  testimony  proposed  to  be 
taken  inl'.ivne  s  case  was  very  material,  inasmuch  as 
the  qiiestioh  of  iiisaniiy  could  nut  he  p  issed  upon  by 
Dr.  Mitchell,  whom  the  Court  had  neiniitted  to  see  the 
prisoner,  until  I'avne's  antecedents  were  proven,  and 
this  could  no  the  dune  e.\crpt  by  I:  lose  absent  witnesses. 

Assistant  Judge  Advocate  Burnett  then  prei)ared 
an  order,  which  was  indorsed  b;/  tiie  commission,  di- 
recting General  Hartranft,  Provost  Mar.Uial  of  the 
ccnirt-ioom,  to  arrest  and  brnig  be^oie  the  court,  the 
witnesses  named  above  who  had  failed  to  obey  tue 
process. 

Testimony  of  Francis  K.  Farrell, 

(Called  for  the  Governmenf).  Q.  Where  did  j-ou  re- 
side? A.  In  tiiaries  county,  Maryland,  near  iiryan- 
town;  1  fell  in  with  Dr.  Mudd,  the  day  following  the 
assassination:  he  came  to  my  bouse  on  E.ister  .Satur- 
day, between  4  and  .'i  o'cloclc;  he  came  down  the  new 
ro.idwh.ch  leads  to  Bryantown,  and  went  back  the 
same  way;  my  house  aiid  Dr.  Mudd's  are  about  half 
way  Irmii  Bi  vantovvn. 

U.  Wnen  Dr.  Mudd  was  at  your  house  was  the  ass.as- 
sination  oi  the  President  the  subject  ofconve/satioii? 

IMr.  Ewing  ouject'd  to  the  question  on  the  ground 
that  it  was  iiot  rebutting  evidence. 

Juilge  Holt  said  he  could  olier  it  a.s  an  expression  on 
the  iiart  ofthe  prisoner,  and  on  that  ground  alone. 

Tlie  Court  voted  that  the  question  should  be  an- 
swered. 

The  witness  answered.- T  was  in  my  house  whenMr. 
Hardy,  who  was  at  toe  yard  gate  witn  Dr.  Mudd.  hal- 
loed to  me  that  the  President  was  assassinated,  and 
Seward  and  sou  iujured;  I  asked  the  Doctor  about  it 
and  he  said  it  w.isso:  1  asked  him  whoas;assin'.ted  the 
President,  andtoe  Doctor  reiilied  a  man  name  IBooth; 
Mr.  Hardy  then  asked  hVm  whether  ic  was  the  Booth 
wiio  was  down  here  List  tall;  the  Doctor  said  he  did 
not  know  whei.ier  it  was  so  or  not,  as  there  wee  three 
or  lour  by  the  rame  of  Booth;  it  lliat  was  Iheonehe 
knew  liim;the  Doctor  said  he  was  very  sorry  lhet.3uig 
had  occurred.  .       ^  ,  „ 

(J.  How  long  did  Dr.  Mudd  remain  at  your  house? 
A.  Kotmore  than  niteeii  minutes;  he  did  not  give  the 
particulars  of  I  be  assassination. 

Cross-e.\aniined  I/y  Mr.  Ewing.— Dr.  Mudd  said  it 
was  tlie  worst  thing  which  could  have  happened; 
it  made  it  a  great  deal  worse  for  the  co.intry 
than  while  the  war  was  going  on;  Dr.  Mudd  seemed  to 
be  entirely  in  earnest:  Dr.  lMu<l(l  came  to  see  Mr.  Hardy 
about  sonie  rail  timber,  and  Hardy  told  him  where  he 
could  get  some,  but  Dr.  Mudd  said  it  was  too  far  to 
haul. 

Testimony  of  Edward  Frazer. 

By  Mr.  Doster.— I  have  known  the  prisoner,  Atzeroth, 
for  about  ten  years;  during  the  latter  part  of  February 
orearlvin  March  last  he  was  at  Port  Tobacco  for  a 
day  or'two;  he  may  have  stayed  there  longer  th.".n  that; 
among  those  wno  know  him  he  has  the  name  of  being 
a  pretty  good  natured  fellow,  but  lacking  courage;  I 
have  kiiowu  him  on  several  occasions  ro  act  c  owardly 


150 


TRIAL   OF  TOE   ASSASSINS   AT  WASHIXGTOX. 


Testimony  of  I^ewis  Harkins. 

By  Judge  Advocate  Holt.— Q.  State  where  you  re- 
Bide?  A.  1  reside  in  St.  Louis,  and  have  resided  there 
for  eight  or  niao  years. 

Q.  You  may  remember  that  within  the  last  year 
or  two  there  have  been  extensive  burnings  of  steam- 
boats on  Western  and  Southern  waters.  State  to  tlic; 
Court  any  knowledge  j'ou  may  have  concerning  agents 
ofthe  ConCederate  tiovernment  who  wereerigaiitd  in 
that  business  and  who  tliey  were?  A.  A  man  by  tiie 
name  of  Tucker  was  one,  JUnor  Mayers  waa  another. 

Q.  Is  he  a  Mi-^sourian?    A.  Ytssir. 

Q.  Was  he  in  the  service  of  the  Confederates?  A. 
Yes  sir;  Thomas  L.  Claris  was  another;  a  man  by  the 
name  of  Barrett  was  another. 

Q.  They  wore  all  agents  of  the  Confederate  Govern- 
ment, so  "called?    A.  Yes  sir. 

Q.  State  in  what  business  they  were  engaged.  A. 
Burning  steamboats  on  theMississippi,  Ohio  and  other 
rivers. 

Q.  Was  the  man  Barrett  of  whom  j'ou  speak  a  law- 
yer, or  had  he  ever  been  a  member  of  Cuu-jress?  A. 
I  could  not  say;  I  have  heard  him  called  Colonel  Bar- 
rett. 

Q,  State  how  these  men  were  associated  together 
and  what  were  their  operations.  A.  Their  operat.ons 
consisted  in  burningsteamboats  carryingtiovernuient 
freight,  boats  that  were  used  as  army  transports  and 
some  that  were  not  so  used. 

Q.  Do  you  know  by  means  of  what  combustible  ma- 
terials these  steamboats  were  burned?  A.  JSu  sir;  I 
suppose  it  was  done  by  matches. 

Q.  W^ill  you  enumerate  tlie  boats  that  were  burned 
by  the  operations  of  these  parties?  A.  The  steamboats 
Jmpriial  and  Jxobtrt  Ca?nj)hetl,  the  steamer  Jjanirl  l). 
Taylor  and  others  were  burned  at  L,ouisvirte:  there 
were  boats  burned  at  JSievv  Orleans,  but  I  do  not 
recollect  their  names. 

Q.  Were  ihcy  large  vessels?  A.  Some  were  large 
and  some  small;  they  were  owned  by  pnva.e  parcies. 

Q.  Was  there  any  loss  of  life  cunnected  with  the 
destruction  of  those  vessels?  A.  There  was  on  the 
MuOtrt  Campbell. 

Q.  W^eretney  burned  in  the  stream  or  while  lying 
near  the  shore?  A.  The  Jloiirvt  OamptieU  was  burned 
in  the  stre.im  while  under  way. 

Q.  Was  it  understood  that  the  agent  was  on  board, 
or  that  he  had  merely  deposited  combustible  matter  in 
the  vessel?    A.  He  was  on  board. 

Q.  Where  was  that  vessel  burned?  A.  At  Milliken's 
Bend,  twenty-five  miles  above  Vicksburg. 

Q.  Was  there  considerable  loss  of  life?    A.  Y'es  sir. 

Q.  State  wliether  the  plan  of  operations  embraced 
the  destruction  of  the  Gdvernmenl  hospitals  and 
storehouses?  A.  It  embraced  anythmg  pertaining  to 
the  arm 3'. 

Q.  Djyou  know  anything  of  the  burning  of  a  hos- 
pital at"  Nashville?  A.  I  do  not;  all  that  I  know  is 
that  a  certain  man  claimed  compensation  lor  it. 

Q.  Uoyou.kuuw  the  man  who  cLiimed  compensa- 
tion from  tlieConfideruie  Government,  lor  that  ser- 
vice?   A.  His  name  was  UilMnghain. 

Ci.  Whatamouiit  did  he  claim?  A.  He  did  not  put 
any  amount;  heji'.st  put  iii  a  statement. 

Q.  To  Kichmond?    A.  Yes  sir. 

Q.  At  what  time  was  that  hospital  burned?  A.  In 
June  or  July,  1««4;  the  lire  occurred  ac  night;  1  did 
not  hear  of  iinvbody  being  burned. 

Q.  Stale  whether  or  not  you  have  been  at  Richmond. 
A.  I  have. 

Q.  Did  you  while  there  have  an  interview  with  Jef 
fersoii  Davis,  the  so-calloa  I'residentof  the  Confede- 
racy, and  Benjamin,  tue  Secretary  of  State?  A.  I  was 
in  Kichmond  from  the  2.itn  to  the  2Jth  day  of  August, 
18G4,  and  then  iiad  an  interview  with  l!ie  Secretary  oi 
War,  Secretary  of  State  and  Jefferson  Davis. 

Q.  State  what  occured  at  that  interview.  A.  Mr. 
Thomas  D.  Clark,  Dillingham  and  myself  went  there 
in  connection  with  boat  burning,  and  put  in  claims  to 
Mr.  James  A.  Seddon.  to  whom  I  was  introduced  by 
Mr.  Clark;  Seddon  said  he  had  thrown  np  that  busi- 
ness; that  it  was  now  in  the  hands  of  Mr.  Benjamin; 
we  went  to  Mr.  Benjamin  and  presented  our  papers 
to  him;  he  lookeil  at  the  papers  and  asked  me 
whether  I  was  in  St.  Louis;  I  told  him  1 
was;  he  asked  me  whether  I  knew  anything 
about  the  papers;  I  told  him  I  did:  that  I  be- 
lieved they  were  right;  he  then  asked  Mr.  Clark  if 
he  knew  me  to  be  right;  Mr.  Clark  said  that  I  had  been 
represented  to  him  by  JNIr.  Magers  as  being  "all  right:" 
he  told  me  to  call  a^ain  the  next  day  with  Mr.  Clark 
and  Mr.  Dillingham;  that  he  had  shown  the  paners  1 
had  left  to  Jefferson  Davis,  and  he  wanted  to  linow 
whether  we  would  not  take  thirty  thousand  dolhirs 
and  sign  a  receipt  in  lull;  we  told  him  we  would  not  do 
it;  well,  hesaid,  then  if  Mr.  Dillingham  was  to  claim 
this  thing  at  Louisville,  he  wanted  a  statement  of  that 
thing;  we  went  back  to  the  hotel  and  I  wrote  out  a 
statement  myself;  it  read  that,  Jlr.  Dillingham  had 
been  hired  by  General  Bishop  Polk  and  sent  to  Louis, 
Ville  e.xpressly  to  do  that  work. 

Q.  To  burn  the  hospitals?  A.  Y'es  sir,  and  I  signed 
Mr.  Dillingham's  name  to  it;  that  was  given  to  Mr. 
Clark;  Mr.   Clark  took  it  over  to  Mr.  Benjamin,  and 


made  a  settlement  with  him  for  fifty  thousand  dollars; 
thirty-five  thousand  dollars  down  i  n  gold,  and  tiiteea 
thousand  on  deposit,  to  beiiaid  him  lour  months  after- 
wards, provided  those  claims  proved  correct:  he  gave 
us  .a  drait  on  Columbia,  S.  C,  lor  thirtv-iour  thousand 
eight  hundred  dollars  andtwo  hundred  dollarsiu  gold, 
ill  ll'chmoiid;  thedraJt  we  gotcashed  in  Columbia  and 
brought  the  money  along  With  us. 

Q.  You  received  the  gold  on  that,  did  vou?  A.  Y'es 
sir;  while  there  Mr.  Benjamin  said  thiit  Mr.  Davis 
wanted  to  see  me;  1  went  in,  and  Mr.  Davis,  Mr.  Ben- 
jamin and  myselfsat  there  and  talked;  the  conversa- 
tion'iurued  on  a  bridge  between  Nashville  and  Chat- 
tanooga; the  long  bridge  thev  called  it:  Mr.  Beniamia 
mentioned  it  first  1  believe:  Mr.  Davis  asked  iiie  if  I 
knew  where  it  was;  I  told  him  I  did,  but  I  did  not:  I 
had  never  been  there:  hesaid  he  wanted  to  know  what 
I  thought  about  destroying  that  bridsie;  that  thev  had 
been  thinking  about  having  it  destroyed:  I  told  him  I 
did  noikuow  what  to  think  about  it;  he  said  I  had  bet- 
ter study  it  over;  I  finally  told  him  1  thought  it  could 
bedone.  and  Jlr.  Benjamin  (I  think  it  was  Mr.  Benja- 
min) made  the  remark  that  hewouldgive  lour  hun- 
dred thousand  dollars  if  that  bridge  was  de- 
stroyed, and  wanted  to  know  if  I  would  not 
take  charge  of  the  matter;  I  told  him  I  would  not 
have  auytuing  to  do  with  it  unless  the  papers  were 
t.iken  away  from  those  men  down  there,  and  that  no- 
body should  be  allowed  to  come  up  any  more;  they 
said  itshould  be  done;  then  the  conversation  turned 
on  the  barning  of  steamboats;  I  told  Mr.  Davis  that  I 
did  iKit  think  it  was  any  use  to  burn  steamboats,  and 
hesaid  no.  he  was  going  to  have  that  stopped;  1  then 
told  him  that  the  best  way  to  stop  that,  would  be  to 
take  thep:ipers  away  from  those  men  hehadtiiere  im- 
mediately; that  there  were  menlyiug around  ihe.sontli 
whose  papers  Would  run  out,  and  tiiey  w  jiiid  come 
back  to  get  them  renewed,  and  thatitwouid  not  be 
dune;  he  said  that  what  I  liad  suggested  should  be 
done;  I  saw  the  next  day  a  published  order  revoking 
those  papers. 

Q.  These  papers  were  permits  or  authority  to  do  this 
W(jrk.  were  they?    A.  Y'essir. 

(j.  lie  knew  that  you  had  received  this  pay  for  the 
work  done?  A.  I  presume  he  did;  he  knew  tuat  I  had 
received  i  he  money. 

Q.  The  statements  you  made  out  were  statemects  of 

the  service  done  and  the  amount  claimed.'    A.  Yes  sir. 

(J.  What  was  ti.esumoru-inallj'  demanded?  A.  Fifty 

thousand  dollars;  he  wanted  to  pay  us  at  tirsi  thirty 

thousand  iiigreenbacks. 

U.  1  oil  expressed  the  opinion  to  Davis  that  no  good 
was  to  be  accomplished  by  burniug  those  boats  in  tha.l 
manner?    A.  I  did. 

Q.  And  lie  said  he  was  going  to  abandon  that  policy? 
A.  He  d:d. 

Q.  He  did  not  condemn  what  had  been  done?  A.  He 
did  not  condemn  woat  had  been  done. 

U.  He  knew  what  had  been  done?  A.  He  appeared 
to  know. 

Q.  Did  you  come  to  any  understanding  about  rates  in 
regard  to'thede-^truction  ol'tne  bridge?  A.  We  came 
to  un  unilerstaniling  that  we  w  ere  to  receive  lour  hun- 
dred taoiisand  dollars  tor  doing  it;  I  asked  Mr.  Davis 
whether  it  made  any  di.I'ereuce  as  to  where  the  work 
was  done:  he  said  it  d,d  niit,  that  Illinoia  Would  do; 
that  it  would  include  anything  pertaining  to  Qu.irter- 
master's  st.jres  t  rrthe  army,  and  that  u  oiight  to  be  as 
near  Shermans  b.ise  as  possible;  thatSiieruian  was  the 
man  wuo  was  doing  them  more  harm  than  any  one 
else  at  that  time. 

Q.  These  men  whom  you  have  ivamed  Barrett, 
and  others,  were  they  in  the  Coniederaie  service? 
A.  Y'os. 

Q.  Do  you  know  where  Minor  Majers  is  now?  A.  I 
I  ave  every  reiLSdii  ti  believethat  he  was  in  Canada, 
and  that  he  left  there  and  went  to  Bermuda  Huudi-ed; 
that  was  the  las.  I  heard  iroui  him. 

ti.  Do  you  know  whether  all  these  men  are  mem- 
bers of  any  secret  organization?  A.  They  principally 
all  belonged  to  a  secret  organization. 

Q.  What  was  the  name  of  that  organization?    A.  It 
goes  by  the  name  ot  the  O.  A.  K.  organization. 
Q.  The  Order  of  American  Kniuhts?    A.  Yes  sir. 
Q.  Will  you  say  Whether  you  were  a  member  of  the 
order? 
No  answer. 

Q.  You  need  not  answer  if  by  so  doing  you  will  crimi- 
nate yourself. 
The  witness  made  no  reply. 

(J.  Vou  say  you  are  not  able  to  state  decidedly  the 
process  by  which  these  boats  were  burned.  Were  any 
combustibles  besides  matches  used?  A.  I  do  notthiuk 
there  were. 

Q.  Do  you  remember  the  position  which  Barrett 
held  in  tlie  association?  A.  I  understood  he  held  the 
position  of  Adjutant-General  of  the  Stale  of  Illinois. 

Q,  The  Adjutant-General  of  the  ().  A.  Ks.  ?  A.  I 
could  nut  say  whether  of  the  O.  A.  K.'s.  or  of  the  Sons 
of  Liberty. 

Q.  Do  vou  know  whether  Magers  and  Barrett  were 
in  J  ulv  last  at  Chicago?  A.  Mr.  Stagers  left  St.  Louis 
either  last  June  or  July  to  gotoCauada,  audlpresume 
he  went  then  by  way  of  Chicaco. 

By  the  Court.— (>.  Wxs  tlie  steamer  Hiaicaiha  one  of 
thcuumber  of  those  burned?    A.  Sue  was. 


TRIAL   OF   THE   ASSASSINS    AT  WASHINGTON. 


151 


Q.  Do  you  recollect  the  number  of  lives  that  were 
losttlien'?    A.  I  do  not. 

Q.  Do  you  recollect  the  number  ot  lives  lost  on  the 
Imperial?  A.  I  do  not  think  there  were  any  lost  ou 
th'^  Imperial..  ,,^     . 

Q.  She  was  one  of  the  finest  and  largest  on  the  West- 
ern waters,  was  she  not?    A.  She  was. 

Q.  Are  vou  a  steamboat  man?    A.  Yes  sir. 

Q.  What  steamboats  have  you  been  running  on?  A. 
I  was  on  the  Von  I'hul  last,  Captain  Vaughn. 

Testimony  of  Jotan  F.  Hardy. 

I  am  acquainted  with  the  prisoner.  Dr.  Samuel  A. 
Muda;  my  residence  is  in  the  same  neiijhborliood  with 
thacof  theprlsiiner.  On  the  Jny  after  the  President's 
assassination  I  met  him  about  two  hundred  yards  truui 
my  house,  when  he  said  to  me  that;  there  was  terrible 
news;  that  the  President  had  been  killed,  and  that  Mr 
Seward  and  his  son  had  beeu  assassinated  by  a  man 
named  Bovle.  Booth's  name  was  mentioned  some- 
how, and  he  said  that  he  did  not  know  whicli  of  the 
brothers  it  was;  that  there  were  several.  This  conver- 
sation took  place  shortly  alter  sundown  of  the  l5tli. 
He  said  nothing  about  two  men  having  been  at.  his 
house.  I  had  seen  Booth  at  the  church  lliere  last  lall 
and  asked  his  name,  when  I  wastoldthatit  was  Booth; 
and  at  the  time  of  tlie  conversation  with  the  prisoner, 
I  asked  him  wlien  Booth's  name  was  mentioned 
whether  it  was  the  same  Booth  who  had  been  dowu 
there  before,  and  he  said  he  did  not  know. 

Cross-e.xamined  by  Mr.  Evviiig.— The  conversation  I 
have  mentioned  was  commenced  by  the  prisoner;  he 
said  he  had  got  the  news  from  Bryantown,  where  he 
had  been;  he  seemed  to  feel  all  tlie  sorrow  lie  ex- 
pressed in  regard  to  the  assassination;  tlie  object  of 
the  prisoner  visiting  me  at  the  time  was  in  regard  to 
some  rail  tnnber;  when  I  first  saw  ISooth  down  there 
I  think  it  was  some  time  in  November,  and  that  it 
was  about  a  month  ailer  when  I  saw  him  a  second 
time;  I  did  not  see  or  hear  of  any  one  having  beeu 
with  the  prisoner  when  I  met  him. 

By  Judge  Bingham.— The  prisoner  did  not  tell  me 
from  whom  he  had  received  tlie  news  ot  the  Bresi- 
dent's  assassination,  and  nothing  more  than  he  had 
heard  it  irom  Bryantown. 

TestJnjony  oiT  Eli  K.  Watson. 

Bv  Mr.  Kwing.— I  reside  near  Ilorsehead.  Prince 
George  county;  1  have  been  acquainted  with  Daniel 
J.  Thomas  since  he  was  a  boy;  his  reputation  in  the 
neighborliood  in  which  he  lived  for  veracity  is  bad: 
from  mv  knowledge  fif  his  general  reputation  I  would 
not  be.ieve  him  under  oath;  I  saw  Thomas  ui  my 
field  on  the  1st  dav  of  June:  he  then  told  me  that  he 
was  a  witness  against  Dr.  Mudd,  and  that  Josliua  S._ 
Naylor  h.;d  sworn  to  put  down  his  oath,  but  that  it 
his  oath  stood  he  would  get  a  portion  of  the  reward 
offered  for  Booth. 

Cross-examined  by  Assistant  Judge  Advocate  Bing- 
ham—The  conversation  in  ihe  field  was  begun  by 
Thomas;  he  said  he  was  going  around  to  summon 
people  as  to  his  character,  and  that  he  was  going  to 
have  me  summoned  as  one. 
Cross-exainiination  of  Marcus  5».  Norton. 

Isaw  Boothplay  in  W'ashington.and  in  thocityof 
New  Yoik.  and  also  in  Boston;!  cannot  tell  how  many 
times  I  saw  him  play;  1  cannot  remember  any  parti- 
cular fact  connected  with  Booth's  representations  on 
the  stage,  because  I  never  made  any  n'emoranda  ot 
Buch  things,  but  frequently  attended  plays  wlien  away 
from  home;  was  notperstaiallyacqnaintedwith  Buotli; 
during  mystavat  theNalional  lloiellsaw  him  in 
conversation  vvitli  others  besides  the  p  isoncrs. 

The  cross-e.xamination  of  this  witness  was  continued 
further,  but  failed  to  bring  out  any  new  points. 

Testimony  of  Henry  Bnrden. 

I  live  in  Trov,  and  know  the  witness  Norton  who 
has  just  testilied;  his  reputation  lor  veracity  is  bad; 
I  would  nut  believe  him  on  oath. 

Cross-e.xamined  by  Judge-Advocate  Holt.- 1  have 
been  interested  in  a  patent  concerning  horse  shoe-.; 
Mr.  Norton  was  engaged  as  counsel  on  the  opposite 
side;  f  cannot  say  that  there  was  much  il  I  ■.''eel  mg  oc- 
casioned by  that  controversy:  I  did  not  form  any 
opinion  ot  Mr.  Norton's  character  because  of  that 
controversy;  I  was  not  acquainted  witli  him  at  that 
time;  my  acquaintance  with  his  character  is  based 
upon  what  I  have  known  of  him  since;  ni.v  relations 
with  him  have  not  been  eitlier  of  a  particularly 
friendly  or  unfriendly  character;  when  1  declare  to 
theCourt  that  he  is  not  to  be  believed  on  oath  I  am 
giving  expression  to  the  opinion  of  the  mass  of  the 
people  of  Troy  who  know  him;  my  opinion  is  arrived 
at  from  the  testimony  by  which  he  was  impeached. 

The  Court  then  adjourned. 

Washington,  June  9.— The  reading  of  the  previous 
day's  record  occupied  until  about  12  o'clock. 

Testimony  of  Jud^c  Abrani  B.  Olin. 

By  Mr.  Doster.— I  have  resided  in  Tro.v,  New  York, 
about  twenty  years;  I  know  Marcus  P.  Norton,  a  law- 
yer, who  resided  there;  I  know  his  reputation  for  ve- 


racity to  be  bad;  if  his  prejudices  or  passions  were  ex- 
cited I  would  not  believe  him  on  oath. 

Cross-examined  by  Judge  Holt.— I  never  had  any 
private  relations  "with  Mr.  Norton:  in  stating 
an  opinion  of  his  character  for  veracity  I  am 
also  giving  expression  to  the  opinion  of  the  peo- 
ple of  Troy;  I  have  known  him  to  be  engaged 
m  controversies  concerning  patents:  I  have  knovva 
instances  in  which  much  feeling  has  been  shown 
in  such  controversies;  I  knew  Henry  Burden,  a  citizen 
of  Troy:  Mr.  Burden  has  had  several  suits  and  coiitro 
versies  with  respect  to  in.  entions,  in  which  suits  Mr, 
Norton  was  interested  as  counsel;  the  conversations  of 
amanof  Mr.  Burden's  inlUience  and  position,  with 
those  of  his  friends,  continued  as  they  were,  througha 
series  of  years,  under  the  excitement  of  legal  con- 
troversies, may  to  some  extent  allord  an  explana- 
tion of  the  reinite  in  which  Mr.  Norton  is  held,  among 
those  who  know  him;  though  his  reputation  wa.s  ques- 
tionable be.ore,  so    far  as    the  witness   was  aware. 

Testimony  of  Bliss  Mary  MstcSd. 

By  Mr.  Ewing.— I  am  asisteroftlieprisoner,  Samuel 
A.  Mudd;  during  the  month  of  Marcli  last  I  saw  him 
on  the2d,  .Id,  4tli,5ih,(Xh  and  7th;  1  remember  the  fact 
because  on  the  1st  I  was  taken  sick,  and  on  each  of 
those  tiays  he  was  at  the  house  where  I  resided;  about 
this  time  a  colored  woman  in  the  neigliborhood  was 
taken  sicij,  and  he  attended  her  up  to  tlie  23d  of 
March;  he  frequently  called  at  our  liouse  to 
inquiie  after  my  mother;  on  the  od  of  March 
he  came  there;  1  know  he  came  twice 
from  the  iiict  that  the  first  time  he  came 
he  had  no  medicine  with  him, and  went  to  get  it;  my 
father  is  very  feeble  and  not  able  to  travel:  he  is  con- 
fined to  his  lied;  on  the2;;d  of  March,  the  prisoner,  my 
brother,  came  to  WasliliiLjton.  in  company  with  Mr. 
Llewellyn  Gardner;  during  January  he  went  to  an'even- 
ingpariy  at  Mr.  H  ury  Gardner's;  he  did  not  own  a 
buggy  of  anv  description;  I  never  knew  h.m  to  wear 
a  b:ackhat;"he  usually  wore  a  drab  olored  slouch 
hat;  I  have  not  known  of  Andrew  Gwynn  being 
about  my  brother's  house  since  IShI:  I  have  heard 
since  that  he  was  in  the  C'Dnlederate  service; 
I  know  nothing  of  Conlederate  ollicers  or  sol- 
diers having  ever  stopped  at  my  brother's  house; 
I  saw  Booth  at  the  church  in  that  neighborhood  on 
one  occasion, at  which  time  he  purchased  a  horse  from 
Mr.  (Gardner:  Boolh  wa'^.in  Dr.  tiueen's  pew  at  church 
when  I  saw  him;  I  never  saw  him  but  once:  in  1^49, 
IS.-iOund  ls.".l,mv  brother  was  at  college;  he  was  not  at 
home  on  liolidays;  I  know  nothing  01  Booth's  having 
been  lodged  at  my  brother's  house. 

Testimony  of  Joiin  li.  Turner. 

By  Mr.  Ewing.— I  live  in  the  lower  part  of  Prince 
Georges  countv;  I  am  acquainted  with  Daniel  J. 'Iho- 
mas;  his  general  reputation  inthecommunity  in  whicli 
he  lives  is  not  as  good  as -it  ought  to  be;  thepeople  do 
not  think  him  a  truthful  man;  I  do  not  think  I  could 
believe  him  on  oath;  the  reputation  ofDr.  Jludd  as  to 
loyalty  has  been  verv  good  during  the  whole  war;  I 
have  alwavs  beenloval  to  theGovernment;  I  voted  for 
Mr.  McClellan  at  the  last  election,  be.'ause  hesad  he 
was  as  good  a  Union  man  as  Mr.  Lincoln:  otherwise,  I 
have  always  supported  the  Administration;  I  have 
been  acquainted  with  the  prisoner,  Mudd,  since  he  was 
abov;  I  alwavs  considered  him  a  loyal  man,  and  I  never 
knew  or  heard  ot  his  doing  anything  in  support  of  the 
Kebellion. 

Testimony  of  Polls  Wealiins. 

By  Mr.  Ewing.— I  live  in  Charles  county,  Maryland; 
have  known  Daniel  J.  Thomas,  a  witness  for  the 
pro.secution,  as  long  as  I  can  remember;  his  reputa- 
tion in  the  community  is  very  bad;  from  my  know- 
ledge of  his  reputation  for  veracity,  I  would  not  be- 
lieve him  under  oath,  if  he  had  anv  inducement  to 
swear  falsely;  in  1S{;1, 1  think  it  was,  he  told  me  he  was 
going  over  to  Virginia,  and  asked  mo  to  go. 

Cross-examined  bv  Assistant  Judge  Advocate  Bing- 
ham.—I  was  persuaded  to  go  to  Virginia,  but  did  not 

go. 

Several  other  witnesseswerecalled  whose  testimony 
coincided  with  that  alrea.vtaken  in  imiieaching the 
veracilvot  Daniel  J.  Thomas,  and  others,  who  have 
been  called  for  the  prosecution. 

The  witnesses  also  testified  to  theloyalty  of  Dr.  George 
Mudd. 

The  usual  recess  of  an  hour  was  then  taken,  after 
which  the  following  witnesses  were  called;— 

Re-examination  of  Miss  N.   Fitzi>atricl£. 

By  Mr.  Aiken.— I  was  present  when  P.ayne  was  ar- 
rested at  Mrs.  Surratt's  house,  but  did  not  recognize 
him  at  the  time,  nor  until  the  shirt  sleeve  was  re- 
moved from  his  head  at  Gen.  Augur's  otlice;  when 
Payne  came  to  Mrs.  Surratt's,  before  the  assassination, 
he  passed  bv  the  name  ot  Wood;  I  have  often  threaded 
a  needle  in  thedaytimefor  Mrs.  Surratt;  I  have  known 
herevesight  to  be  poor. 

By  "Mr.  Ewing.— I  know  Judson  Jarboe;  I  never  saw 
him  at  Mrs.  Surratt's.  or  heard  of  him  being  there; 
never  knew  of  the  prisoner,  Dr.  Mudd,  being  there. 


152  TRIAL   OF   THE   ASSASSINS   AT  WASHINGTON. 


By  Judge  Advocate  Burnett.— Mrs.  Siirratt.  lier 
daughter  and  myself  were  in  ibe  room  with  Payne  at 
General  Augur's  office;  Mrs.  surrait,  in  speaking  of 
Payne,  said  that  that  was  not  Jolin  Surratt,  but  I 
never  heard  her  say  that8he  had  never  seen  P.iyne;  I 
did  not  lie.ir  what  passed  when  Mrs.  Surratt  was 
called  out  into  the  hall  of  her  house  to  see  Payne  on 
the  night  of  the  arrest;  I  only  heard  Mrs.  Surratt  say 
that  hewasnot  John  Surratt,  and  that  wiioever  called 
tbat  ugly  mac  her  brother  was  no  gentleman. 

Testimony  of  Mrs.  Nelson. 

I  am  the  sister  of  the  prisoner,  Harold;  never  heard 
him. speak  of  the  accused,  Dr.  Samuel  Mudd;  I  never 
beard  the  name  of  Mudd  mentioned  in  the  family. 

Testimony  of  Win.  J.  Watson. 

By  Mr.  Ewing.— I  live  in  Prince  Geofije  county:"  I  am 
not  very  intimately  acquainted  with  Daniel  J. 'Ihomas; 
sawhimon  tlie  1st  of  June,  when  he  said  that  if  Dr. 
Mudd  was  convicted  on  his  testimony.lt  would  becon- 
clusive  evidfuce  that  he  (Thomas)  had  given  inlurma- 
tion  wh!ch  led  to  the  arrest  of  one  of  the  conspirator*; 
he  asked  meto  give  him  a  certificate  that  he  was  enti- 
tled to  tlie  reward  of  ten  thousand  dollars. 

By  Assistant  Judge  Advocate  Bmghara.— I  told 
Thomas  I  would  not  give  him  the  certificate,  and 
asked  him  whether,  in  his  conscience,  he  believed 
himself  eutitJed  to  the  reward.  ,  1  would  believe 
Thomas  on  oa'h,  though  his  reputation  is  not  as  good 
as  that  of  others.  His  general  reputation  fcr  truth  is 
not  good,  but  I  think  he  lies  more  in  self-praise  ihaa  in 
any  other  manner. 

By  Mr.  Ewing.— Mr.  Thoma.s  was  represented  not 
to  be  a  loyal  man  in  the  beginning  of  the  war.  At  the 
last  Presidential  election  he  electioneered  for  George 
B.  McClellan. 

Re-exainination  of  John  T.  Ford. 

By  Mr.  Ewins.— I  have  known  the  accused,  Edward 
Bpanglor,  nearly  four  years;  his  characttr  lor  peace 
and  kindness  was  well  known,  tho'^gU  he  was  dis- 
posedtodriuk  at  times,  which  wouKl  not  make  him 
vicious,  but  would  unlit  him  for  work;  I  never  knew 
him  to  be  involved  in  more  than  one  quarrel  while  he 
was  in  my  employ,  and  that  was  through  drink;  he 
was  not  a  man  who  was  likely  to  be  intrusted  with  the 
confidence  of  others,  not  having  much  sell-respect;  I 
never  heard  him  express  a  political  sentiment. 

A  number  of  witnesses  were  then  called,  on  the  part 
of  the  prosecution,  in  regard  to  the  character 
for  veracity  and  integrity  of  Mr.  L.  F.  Bates,  ii  witness 
for  the  Government,  who  had  testified  that  on  the  lyth 
of  April  last,  Jeii'erson  Davis  stopped  at  his  huii;e  in 
Charlotte,  N.  ('■;  that  he  there  made  a  speech,  during 
which  he  received  .a  telegram  from  John  t'.  Brecken- 
ridge,  announcing  thedeath  of  President  Line,  iln,  when 
hemaoe  the  remark,  "If  it  were  to  be  done, 'twere  better 
it  were  well  done."  &c. 

All  of  the  witnesses  testified  that  they  had  known 
Mr.  Bates  lor  ye.irs,  and  never  knew  or  heard  of  his 
character  being  questioned. 

Examination  of  Win.  Wheeler. 

Bv  Judge  Advocate  Holt.— I  have  been  intimately 
acquainted  with  Marcus  P.  Nortun  Irom  twelve  tj  fif- 
teen years:  I  knew  him  first  at  scliool.  in  Vermont, 
subsequently  at  Troy.  N.  Y.,  where  he  now  resides;  I 
reside,  when  at  home,  at  Lansingburg,  three  miles 
above  Troy,  of  which  place  I  was  formerly  a  resident; 
from  my  personal  knowledge  of  his  reputation  for 
truth  and  integrity,  it  is  good:  I  would  have  uo  hesita- 
tion in  believing  Mr.  Norton  under  oath. 

Cross-examined  by  Mr.  Doster.— I  have  been  living 
In  Washington  since  the  15th  of  April  last:  I  have 
heard  of  cases  of  attempted  impeachment  of  Mr.  Nor- 
ton, but  I  k now  nothing  about  them,  e.vcept  by  general 
remark,  that  they  were  failures;  one  ortwo  such  cases, 
I  have  understood,  have  essentially  failed;  when  at 
school,  which  was  from  1S.50  to  1853,  Mr.  Norton  was  an 
active,  persevering  scholar;  my  relations  with  him 
have  never  been  ot  a  particularly  friendly  character; 
he  is  engaged  by  first-class  houses  in  Troy;  I  have  not 
lived  in  Troy  for  filteen  or  twenty  years. 

By  Judge  Advocate  Burnett. —Mr.  Norton  has  fre- 

?|uent!y  visited  the  county  in  which  1  live;  I  have  also 
requently  met  him  in  Troy;  I  am  well  acquainted  with 
the  people  there:  about  two  years  ago  I  w.'is  called  on 
to  give  testimony  in  a  case  in  which  Mr.  Norton  was 
employed  as  counsel  by  a  very  reputable  and  wealthy 
hrm. 

Testimony  of  Siilas  H.  Hodges. 

I  reside  at  present  in  Washington:  hold  the  position 
Of  Examiner-in-Chief  of  the  Patent  Olfice;  I  have  re- 
sided in  Rutland,  Vermont,  for  over  twenty  vears;  I 
have  been  intimately  acquainted  with  Marcus  V.  Nor- 
ton for  eleven  years;  he  is  well  known  in  the  vicinity 
of  Rutland:  I  never  heard  anything  said  against  his  re- 
putation until  wiihin  the  last  two  or  three  years;  anj'- 
thingthat  I  havoever  heard  against  his  reputation  has 
grown  out  of  previous  litigation,  in  which  he  was  con- 
nected: outside  of  thosocases,  in  which  much  angry 
feeling  was  exhibited,  I  never  heard  Mr.  Norton's  re- 
putation questioned,  and  never  heard  of  any  attempt 
to  impeach  him  before  that  litigation. 


Mr.  Ewing  stated  to  the  court,  as  a  means  of  saving 
time,  the  Ibllowing  proposition  had  been  agreed  to  by 
the  Judge  Advoeate.  The  three  witnesses  named  had 
beensent  lor  buthad  not  arrived,  and  the  counsel  had 
not  seen  them.  The  proposition  was  as  follows:- "It 
IS  admitted  by  the  prosscution  that  JohnF.  Watson, 
John  Richardson  .md  ThOBiias  B.  Smith,  loval  ciii:iens, 
will  testiy  that  they  are  acquainted  with  the  reputa- 
tion of  Daniel  J.  Thomas,  where  he  lives,  and  th.at  it  is 
bad,  and  that  irom  thetr  knowledtre  of  it  they  would 
notbelievehim  on  oulh:  and  lurther,  that'JohnA. 
liichaidson.  above  named,  will  testily  that  Daniel  J. 
Thomas,  a  witness  lor  the  prosecution",  made  the  state- 
ment on  the  1st  of  June  last,  as  sworn  t.)  by  William 
Uatson.  before  the  court  this  dav;  and  the  prosecu- 
tion agreethat  this  statement  be  put  on  record  and  re- 
ceived and  weighed  by  the  court,  as  though  the  said 
witness  had  actually  testified  I.elbre  it. 

Alter  some  lime  spent  in  consultation  with  the  coun- 
sel for  the  prisoner.  Dr.  Mudd.  Judge  Advocate  Holt 
stated  that  being  disposed  to  allow  the  accused  at  the 
bar  the  benefit  of  all  the  evidence  that  could  be  ad- 
duced in  their  favor,  he  had  consented  that  the  decla- 
rations of  Mudd  concerning  two  suspicious  men  at  his 
house,  previously  ruled  out  bv  the  Court,  should  be 
taken  for  what  they  were  worth. 

Rc-examination  of   Beng.    <^;ardner    and 
I>r.  George  A.  Mudd. 

Benjamin  Gardner  and  Dr.  George  A.  Mudd  being 
then  recalled  lor  the  de.ense.  testified  that  Dr.  Mudd 
stated  on  tlie  Sunday  morning  a.'ter  t!;e  assassination, 
that  "weought  immediatelj' toraisealiomo  guard  and 
hunt  up  all  suspicious  perscn^  passing  through  our 
section  of  country,  and  arrest  them,  unless  tbey  can 
show  that  they  are  actually  traveling  under  proper 
authority,  for  there  were  two  suspicious  persons  at  my 
house  yesterday  morning." 

To  Dr.  George  A.  Mudd  the  prisoner  said,  on  Sunday 
morningthat  "he  regretted  the  assassination,  us  it  was 
a  nio;t  damnable  act;"  lie  also  narrated  the  i>:irticulars 
of  the  visit  of  two  suspicious  looking  men  to  his  house 
on  the  morning  of  the  previous  dav,  stating  that  they 
seemed  to  be  laboring  under  some  degree  of  excite- 
ment more  so  than  would  be  snpposed'to  accompany 
the  mere  breakingof  the  leg  of  one  of  the  men:  that 
they  stated  that  the.v  had  come  from  Ervantown.  and 
inquired  the  way  to  Parson  Wilmers;  that  whilst 
there  one  of  them  called  for  a  razor  and 
shaved  olT  either  his  whiskers  or  moastaclie: 
that  he  in  company  with  the  smaller  of  the  two  went 
down  the  road  towards  Bryantown  in  search 
of  a  vehicle  to  take  them  away  from  his  house,  and 
that  they  finally  left  his  house  on  horseback,  going  in 
tliedirection  or  Parson  Wilmers;  when  about  parting 
with  each  i  ther  the  prisoner  requested  the  witness. 
Dr.  George  D.  Mudd,  to  communicate  the  fact  of  the 
presence  of  the^e  suspicious  men  to  the  militarv  au- 
thorities at  Br\antown,  and  tliat  if  culled  upon  he 
wouldgive  every  information  in  his  power  relative  to 
the  mat:er,  hut  he  did  not  desire  it  lo  be  publicly 
known  that  he  had  divulged  the  visit  of  tliese  men, 
lor  fear  of  being  assassinated  by  theguerrdlas. 

Re-examination  of  Hon  C  A.  Bnna. 

The  Hon.  C.  A.  Dana  was  then  recalled  fr  the  pro- 
secution, and  identili'ed  certain  letters  as  having  been 
received  by  him  when  Assistant  Secretary  of  \\'ar  from 
Major-Geaeral  Dix.  One  of  these  left 'r.  bear  ng  date 
NovemherlT,  1  so,  was  signed  by  General  Di.i.aiul  was 
explanatory  of  tl.e  other,  whicli  has  already  b  en  pub- 
lished; being  iheone  found  in  a  Tliird  av'uue  r  .ilway 
car  of  New  York  citv.  and  commencing  as  follows:— 
".=t.  Louis.  October  31,  1S(5I.— Dearest  Husliaiul.  Why 
do  you  not  c  me  home?  you  le.'t  me  for  two  days  only, 
and  you  have  now  been  away  from  home  more  than 
two  weeks,  and  in  that  long  time  onlywro'e  rao  one 
short  note— a  few  cild  words  with  a  check  for  money, 
which  J  did  not  require,"  etc. 

The  witness  St  ited,  further,  that  unon  receiving  the 
letters  in  question  he  took  them  to  President  Lincoln, 
who  looked  at  them  without  making  any  particular 
remark,  as  this  Wiis  only  one  instance  amc-ng  m-  ny  in 
which  such  communications  had  been  received;  the 
President,  however,  attached  more  im|)ortance  to 
thesecommunications  than  to  others,  as  the  witness 
subsequently  found  them  in  an  envelope,  which  was 
marked,  in  the  President's  hand-ivriting,  "assassina- 
tion." 

Mr.  Ewing  then  stated  to  the  Court  that  the  Judge 
Advocate-General  had  agreed  to  admit  that  I).  E. 
Monroe,  a  witness  for  the  defense,  who  was  still  ab- 
sent, would  testify  that  he  heard  at  the  church  whicli 
Dr.  Mudd.  the  prisoner,  atten<led  on  Sunday.  April  lij, 
from  Sirs.  Moore,  who  had  .iust  come  fr<un  Bryan- 
town,  that  It  was  Edwin  Boo'  h  who  was  implicated  in 
the  assassination. 

A  discussion  arose  among  the  members  of  the  Court 
as  to  the-propriety  of  entering  upon  the  record  anj'- 
tliing  which  was  not  sworn  lo  as  evidence. 

Alter  some  time  spent  in  this  discu'sion  the  Court 
directed  General  Hartranft  as  Provost  Marshal  to  .send 
lor  and  compel  the  attendance  of  D.  E.  Monroe,  the 
absent  witness. 

The  Court  then  adjourned. 


TRIAL   OP   THE   ASSASSINS    AT  WASHINGTON. 


153 


Washington',  July  10.— The  record  of  the  previous 
day  was  read,  and  the  examination  of  witnesses  con- 
tinued as  follows:— 

Tostitnony  ol  Daniel  E.  Blorris. 

By  Mr.  Ewing.— I  live  in  Charles  county,  Maryland' 
on  the  Sundaj'  after  the  assassination  of  the  President 
I  heard  Irom  Mr.  Moore,  who  came  from  Bryantown 
that  morning,  that  it  was  Edwin  Booth  who  assassi- 
nated the  President;  know  the  reputation  of  the  wit- 
ness, Daniel  J.  Thomas,  to  be  not  very  good;  the  peo- 
ple consider  him  untruthful,  and  would  not  believe 
him  under  oath  in  the  community  in  which  he  lived; 
Mr.  Thomas  would  not  believe  he  believed  an  oath;  in 
the  effortsoftheGovernment  to  suppress  the  Rebellion 
I  have  sympathized  with  the  Government,  but  did  not 
approve  of  the  abolition  of  slavery. 

The  cross-examination  of  the  witness  developed  no 
new  facts. 

Testimony  of  t.  A.  Gobris-ht. 

(Called  for  the  defense.)— I  am  a  journalistic  agent 
and  telegr.iph  reporter  for  the  Associated  Frt'ss;  I  was 
at  Fords  Tiiealre  on  tlie  night  of  the  assassiniition, 
having  reached  there  hve  minutes  to  11  o'clock;  there 
was  ad  iffL-rfUceofopinion  among  persons  at  tlie  theatre 
as  to  wliether  Booth  was  the  assa-sin  or  not;  during 
the  short  time  X  remained  there,  I  was  not  at  that 
time  Satisfied  tiiat  Booth  was  tiieassas^sin. 

By  Assistant, Tudge  Advocate  Bingham. —Q.  But  yon 
became  salistied  during  tlie  niglit  that  it  was  Booth, 
and  telegraphed  that  lact?  A.  I  did  not  so  telegraph 
that  night. 

Q.  Y(ju  became  satisfied,  the  next  day,  that  Booth 
was  the  assassin?  A.  It  was  so  announced  the  next 
morning  in  the  official  Bulletin. 

The  counsel  lor  the  prisoners,  Mudd,  Spangler  and 
Arnold.  Mr.  Kwing,  annouuced  to  the  Court  tliat  the 
case  had  now  been  closed  lor  the  defense,  so  lar  as 
these  prisoners  were  concerned. 

Mr.  Uosler,  on  belialf  of  the  prisoner  Payne,  stated 
that  Pr.  Nicliols,  who  had  been  permitted  to  e.vamine 
the  question  of  the  prisoner's  alleged  insanity,  was  not 
yet  prepared  to  report, and  thatseveral  witnesses  who 
■were  expected  to  testily  on  tliat  question,  had  not  yet 
appeared,  one  of  them  being  the  prisoner's  lather,  Kev. 
Mr.  Powell,  ofElorida. 

The  President  ol  the  Court  General  Hunter,  re- 
marked that  he  had  understood  that  Dr.  Nicliuls  could 
not  giveany  report  on  the  question  of  insanity  until 
the  prisoi!er"'s  antecedents  wereshown.and  that,  thfre- 
tore,  the  Court  would  he  asked  to  wait  for  the  prisoner's 
lather,  who  lived  in  Florida. 

Mr.  Dostersaid  that  in  the  State  of  Maine  it  was  cus- 
tomary, when  a  i)lea  of  insanity  was  introduced  in  be- 
half of  the  prisoner,  to  hand  him  t>v(r  to  a  vhysician 
for  a  properdeterminalion  ol  theqnestion.  He  thought 
it  not  more  than  just  that  on  a  trial  for  his  li.e.  the 
prisoner  should  have  the  benelit  of  whatever  evidence 
could  be  adduced  in  his  lavor;  that  while  it  might  cost 
theCourt  adelayofsix  oreight  days  in  awaiting  the 
arrival  of  the  witness  summoned  from  Florida,  the 
absence  of  the  tesiimonv  ot  that  witness  might  cost  the 
prisoner  his  liie.  He  asked  that  the  prisoner  be  per- 
mitted eiiher  to  bring  his  friends  here  or  to  be  allowed 
a  regular  scientilic  investigation  of  his  case. 

Judge  Advocate  Bingham  stated  that  the  prisoner's 
counsel  had  had  lorty  days  in  which  to  procure  the 
attendance  ol  all  witnesses,  and  that  every  application 
on  the  \an  of  the  delense  for  witnesses  had  been 
granted  as  soon  as  made. 

Judge  Advocate  Holt  then  called  several  additional 
witnesses  lor  the  prosecution. 

examination  of  Henry  O.  Edson. 

By  Judge  Advocate  Holt.— I  reside  at  St.  Albans, 
Vefmoni;  my  prolession  is  th,T.t  of  an  attorney  and 
counsellor  at  law;  I  was  engaged  as  counsel  du  ■  ng  the 
judicial  iiivesiigalion  which  occurred  in  Canada  in 
connection  with  what  was  known  as  the  St.  Albans 
raid;  while  at  St.  Johns,  Canada,  I  heard  George  N. 
Sanders  say,  in  speaking  of  the  St.  Albans  raid,  that  he 
■was  ignorant  of  it  before  it  occurred,  but  was  then  sa- 
tisHed  with  it;  that  it  was  not  the  last  of  the  kind  that 
would  occur,  but  that  it  would  be  lollowed  up  by  the 
depleting  of  many  other  banks  and  the  burning  of 
many  other  towns  on  the  frontier,  and  that  many  a 
"Yankee"  (using  a  coarse  and  vulgar  expression) 
would  be  killed:  he  said  that  there  were  organizai  ions 
of  men  ready  to  burn  and  sack  Buffalo  and  other 
places,  and  that  the  Yankees  woula  soon  see  these 
plans  fully  executed;  that  any  preparations  made  by 
the  Government  to  prevent  them  would  not  prevent, 
though  they  might  defer  them;  Sanders  at  that  time 
was  acting  as  counsel  lor  the  prisoners. 

Testimony  of  JoEin  1j.  Ripple. 

By  Judge-Advocate  Holt.— I  am  a  First  Lieutenant 
of  the  Thirty-ninth  Illinois  Regiment,  and  entered  the 
iservice  as  a  jirivate  in  1S61;  was  a  prisoner  of  war,  and 
was  conhned  lor  six  months  at  Andersonville,  Ga.; 
While  there  I  heard  a  Kebel  officer,  Quartermaster 


Huhn,  state  that  if  Abe  Lincoln  was  re-elected  he 
would  not  live  to  be  inaugurated;  that  was  belore  the 
Presidential  election:  he  also  staled  that  tluy  liada 
partv  in  the  North  who  would  attend  to  the  President 
and  Mr.  Seward;  1  heard  the  Lieutenant  in  chargeof 
the  guard  say  that  they  had  friends  who  would  see 
that  Lincoln  was  not  reinauguraled;  that  was,  I  think, 
alter  the  Presidential  election;  the  cliuractei  of  the 
food  furnished  lo  the  prisoners  at  Aiidersotiville  was 
poor,  both  in  quantity  and  qualilv;  tlie  prisoners  died 
in  larga  numbers,  and  I  have  no"  doubt  tliat  in  many 
cases  the  deaths  of  the  prisoners  were  brought  about 
by  starvation  and  the  horrible  treatment  to 
which  they  were  subjected:  I  heard  the  Rebel  olhcers 
say  in  answer  to  the  remonstrances  of  the  prison- 
ers that  the  treatment  was  good  enough  (or  them; 
they  should  eveiy  one  die;  I  heard  a  certain  Captain 
Wilkes,  wno  had  charsreof  the  prisoners,  s.iy  that  oa 
the  first  of  July  the  location  of  the  place  in  which  the 
lirisonei'S  were  confined,  and  everything  connected 
with  it,  seemed  to  look  to  the  creation  of  disease,  and 
the  inlliction  on  the  part  ot'  the  Con. federate  authori- 
ties of  every  possible  suflering  short  of  death;  that 
Lihhy  treatment  was  notsobad;packsof  blood- hounds 
were  kept  lying  around  the  camp  at  Andersonville. 

There  being  no  further  witnesses  present.  Judge  Ad- 
vocate Holt  gave  notice  that  the  Court  could  not  wait 
much  longer  lor  the  witnesses  iu  the  case  of  Payne, 
who  had  failed  to  appear. 

The  President  of  the  Court  stated  that  the  Court 
would  wait  until  Monday  morning,  at  11  o'clock,  to 
hear  the  report  of  Dr.  Kichols  on  the  alleged  insanity 
of  Payne. 

The  Court  then  acijourned  to  the  hour  stated. 


Washington,  June  12.— The  reading  of  the  record 
of  Saturday  having  been  concluded,  the  following  wit- 
nesses were  examined:— 

Testimony  of  Mrs.  Ij.  Grant. 

By  Mr.  Doster.— I  reside  in  Warrenton,  Va.;  I  re- 
cognize the  prisoner  Payne  as  a  man  whom  I  saw  on 
the  road  in  front  of  my  house,  having  three  Union 
soldiers  in  his  charge;  an  attempt  was  made  to  kill  the 
prisoners,  and  the  man  called  Powell  (meaning  Payne) 
tried  to  prevent  it,  and  I  heard  him  say  that  he  was  a 
gentleman  and  wished  to  be  treated  as  such;  that  if 
they  attem])ted  to  kill  the  man  he  had  captured  he 
would  defend  his  prisoner  at  (he  peril  of  his  li'e;  one 
of  the  prisoners  was  killed,  when  the  party  left  the 
road,  and  I  did  not  see  them  afterwards;  the  afl'air  oc- 
curred last  Christmas. 

Cross-examined  by  Judge  Advocate  Holt.— I  was 
speaking  of  the  affair  to  a  citizen,  and  telling  him  this 
man  tried  to  save  the  Union  soldiers,  when  I  was  in- 
formed that  his  name  was  Powell;  I  had  not  seen  him 
beiore,  nor  have  I  seen  him  since  until  to-day,  but  I 
am  certain  he  is  the  man. 

B.v  the  Court.— He  was  dressed  as  a  Confederate. and 
I  thought  they  called  him  lieutenant:  there  were  the 
marlcs  of  an  officer  upon  him;  he  looked  more  genteel 
than  the  common  soldiers. 

Testimony  of  John  Grant. 

By  Mr.  Doster.— I  am  the  husband  of  the  witness 
who  has  just  left  the  stand;  at  the  time  the  alVray  oc- 
curred in  front  of  my  house,  about  Christmas  last,  I 
was  returning  home  and  was  within  three  hundred 
yards  of  my  house,  when  the  firing  on  the  roads  com- 
menced; all  I  heard  was  that  the  prisoner  at  the  bar, 
who  went  by  the  name  of  Powell,  had  tried  to  save  the 
lives  of  two  Union  soldiers;  the  prisoner  was  not  an 
officer,  so  far  as  I  am  aware. 

Testimony  of  J.  P.  Patterson. 

By  Mr.  Cox.— I  am  an  ensign  in  the  navy:  I  have 
known  the  prisoner,  Michael  O'Loughlin,  ah.out  six 
years;  on  the  alternoon  of  Thursday,  the  l.lth  of  April, 
we  came  together  from  Baltimore  to  Washington, 
reaching  here  between  live  and  si.x  o'clock;  we  came 
up  the  avenue  and  stopped  at  Rullman's  Hotel;  I 
then  went  into  a  barber  shop  to  get  shaved,  and  the 
prisoner  proceeded  up  the  street,  but  rejoined  me  be- 
fore I  had  been  shaved;  he  was  not  out  of  my  com- 
pany at  any  other  time  that  evening;  I  went  up  the 
avenue  with  him  to  look  at  the  illumination,  but  did 
not  go  farther  than  Seventh  street;  we  went  to  the 
Canterbury  about  nine  o'clock,  and  stayed  there  about 
three-quarters  of  an  hour,  after  which  we  returned 
to  Rullman's  Hotel,  getting  there  between  ten 
and  eleven  o'clock;  we  remained  there  about  half 


154 


TRIAL   OF  THE  ASSASSINS   AT  WASHIXGTOX. 


an  hour,  and  then  went  out  again;  the  avenue  was 
60  crowded  during  the  evening  that  it  was  almost  im- 
possible to  get  along;  I  can  state  positively  that  the 
prisoner  was  not  near  the  house  of  the  Secretary  of 
War  on  Franklin  Square  at  any  time  on  Thursday 
evening;  we  retired  between  one  and  two  o'clock  on 
Friday  morning;  the  prisoner  was  at  his  room  when  I 
called  next  morning;  he  was  not  with  me  on  Friday 
afternoon;  on  Fridaj'  evening  I  met  him  at  Rullman's 
Hotel;  he  was  there  with  me  until  ten  o'clock,  and 
then  went  out  in  company  with  a  man  by  the  name  of 
Fuller;  that  was  after  the  assassination:  we  had 
arranged  to  return  to  Baltimore  on  Friday  morning: 
and  I  proposed  to  stay  until  evening,  which  we  did. 

Cross-examined  by  Judge  Advocate  Holt.— It  was 
impossible  for  the  prisoner  to  have  been  at  the  house 
of  the  Secretary  of  War  before  ten  or  eleven  o'clock  on 
the  evening  of  the  13th  of  April,  as  I  did  not  part 
with  him  at  any  time;  when  he  rejoined  meat  the 
barber  shop,  after  leaving  me  on  Thursday  afternoon, 
be  told  me  he  had  been  to  see  Booth;  that  was  be- 
tween 5  and  6  o'clock;  the  next  morning  he  was  to  ;-o 
toseeBootii,  and  I  called  for  him  at  the  Kational 
Hotel,  but  he  was  not  there;  I  then  went  to  his  room 
and  saw  him  there;  he  said  he  had  been  to  see  Buotli. 
but  did  not  see  him:  that  Booth  was  out;  he  did  not 
State  his  object  in  endeavoring  to  see  Booth. 

By  Wr.  Cox.— He  did  not  say  anything  about  Booth 
owing  him  money:  he  merely  said  that  he  had  been 
to  see  Booth  on  Friday  morning;  he  told  me  he  had 
not  seen  Booth. 

By  Judge  Advocate  Holt.— I  had  no  particular  rea- 
son" for  staving  in  town  unii!  Friday  evening:  I  sug- 
gested to  the  jjarty  ia  whose  company  I  was,  U'Lougli- 
lin  among  the  number,  that  we  should  remain  until 
Friday  evening;  I  had  no  special  reasons  lor  so  doins;: 
O'Loughlin  did"  not  make  any  suggestions  of  that  kind: 
the  arrangements  for  our  visit  to  Washin'_'ton  we  de- 
termined on  Monday  in  Baltimore,  Thursday  being 
thedaytixed;  I  suggested  the  day;  the  party  done  a 
great  deal  ofdrinking  while  in  Washington;  it  would 
be  impossible  for  me  to  say  how  many  times  wedrauk: 
Idonotthinkit  could  have  been  more  than  ten;  one  of 
the  partj',  Mr.  Early,  was  not  sober. 

Testimony  of  H.  R.  Sireeney. 

By  Mr.  Aiken.— I  amacquainted  with  John  M.  Floyd; 
I  met  him  on  the  14th  of  April  last  at  :^.larlbo^o,  and 
rode  with  him  a  portion  of  the  way  from  Marlboro  to- 
wards his  home:  beseemed  to  be  considerably  nnd^r 
the  influence  of  liquor:  hedrank.or  attemptetf  todrink 
on  the  road,  at  least  to  put  the  bottle  to  his  lips:  the 
bottle  contained  liquor. 

Cross-examined  by  Judge  Advocate  Holt.— I  drank 
with  him;  I  could  not  tell  who  drank  the  most;  both 
drank  Irom  thesame  bottle;  beseemed  to  be  consider- 
ablv  excited  whicu  1  attributed  t>  the  intluence  of 
drink:  he  was  alone  in  his  buggy;  I  was  on  horseback: 
be  was  excited  in  conversation  and  general  deport- 
ment; I  do  not  think  I  was  exc  ted  myself:  I  suppose 
he  knew  what  he  was  doing,  and  wiiere  he  was  going 
at  least:  I  thought  he  was  able  to  take  care  of  himself. 

Bv  Ilr.  Clampitt.— I  have  known  J.  Z.  Jenkins,  a, 
brother  of  Mrs,  !?urratt,  for  sixteen  years:  I  hiive 
beard  it  said  ot  him  that  he  was  a  zealous  Union  man: 
on  one  occasion  a  Union  tlag  was  raised  within  a  hun- 
dred yards  of  the  house  in  which  I  boarded,  and  there 
being  a  rumor  that  an  attempt  would  bemade  to  cut  it 
down,  Mr.  Jenkins  formed  one  of  a  party  who  stood 
guard  around  it  all  night:  I  heard  that  he  came  to 
Washington  to  get  votes  for  the  Union  ticket  in  Mary- 
land, but  I  do  not  know  anything  of  that:  I  believe 
him  to  be  to-day  a  consistently  loyal  man. 

By  Judge  Advocate  Holt.— I  have  never  acted 
against  theGovernment  that  I  know  of:  I  was  strictly 
neutral  in  my  conduct  and  leeliiigs  in  regard  to  the 
Eebellion  :  I  was  perfectly  indirterent  as  to  whether 
the  Kebellion  failed  or  succeeded. 

By  the  Couri.— I  purled  with  Mr.  Floyd,  on  the  occa- 
sion of  which  I  have  spoken,  about  si.x  miles  Irom 
Surrattsville:  I  did  not  take  more  than  one  drink  out 
of  the  bottle  Irom  which  Mr  Floyd  drank. 

Mr.  Aiken,  counsel  lor  Mrs.  Surralt,  stated  that 
when,  on  Friday  last,  he  announced  that  he  would  not 
delav  the  court  after  tlieother  counsel  for  the  accused 
had  closed  their  deience.  he  hart  not  learned  some  im- 
portant facts  since  communicated  to  him.  On  Friday 
afternoon  last  he  visited  Surrattsville  and  Marlbo- 
rough, and  while  on  that  visit  acquired  some  lacts 
which  he  believed  to  be  of  material  imp^>rtance  in  the 
case  of  the  accused,  Mrs.  Surratt.  He  therefore  asked 
the  privilege  of  introducing  that  testimony.  The  wit- 
nes.ses  would  probably  he  present  to-morrow,  and  their 
examination  might  occupy  not  more  than  a  couple  of 
hours,  and  would  not  be  likely  to  affect  materially 
any  rebutting  testimony  which  the  Government  migut 
have  to  olf'er. 

Judge  Advocate  Holt  stated  that,  inasmuch  as  some 
Important  testimony  for  the  Government  still  re- 
mamed  to  be  taken,  and  the  •witnesses  might  'not  ar- 


rive to-day,  but  would  be  present  to-morrow,  there 
wou'd  be  no  loss  of  time.  He  was  therefore  disposed  to 
grant  the  iet|Uest  of  counsel. 

Testiuiony  of  Assi<«tant  Adf  ntant-General 
E.  1>.  Townseiid. 

By  Judge  Advocate  Holt.— Q.  State  whether  or  not 
you  are  acquained  with  G.  J.  Rains,  a  Brigadier-Gene- 
ral in  the  Rebel  military  service.  A.  I  was  very  well 
acquainted  with  G. . J.  Rains,  who  in  1861  resigned  his 
commission  as  a  Lieutenant-Colonel  of  the  Fifth  regu- 
lar United  States  infantr3'. 

Q.  Were  you  acquainted  with  his  handwriting?  A, 
Yes  sir. 

Q.  Look  at  that  indorsement  and  state  whether  you 
believe  it  to  be  in  his  handwriting  (exhibiting  a  paper 
to  witness;.  A.  To  the  best  of  my  knowledge  and  be- 
lief it  is. 

The  paper  referred  to  was  given  in  evidence 
without  objection ;  it  is  dated  Richmond,  Decem- 
bv-rl6,  1864,  and  is  addressed  to  Captain  .S.  McDaniel, 
c  mmanding  torpedo  company,  signed  by  John  3Iax- 
well.  It  sets  forth  in  substance  that  in  obedience  to  the 
Older  of  tlie  person  to  whom  it  is  addressed,  and  with 
the  means  and  equipment  furnished  bjMiim.Mie  writer 
lelt  Richmond  on  the2Uth  of  July.  isiy.  for  the  lineof 
the  James  River,  to  operate  with  the  horological  tor- 
pedo against  the  enemy's  vesse'is  navigating  that 
river;  the  writer  was  accompanied  by  Mr.  R.  K.  Dil- 
lard,  whose  services  wereengaged  for  theexpedition; 
after  sundry  adventures  the  two  men  reached  City 
Point  before  da.vbreak  on  ihe  ytii  of  August  last; 
and  the  writer  .gives  the  result  of  his  operations  as 
iollows:— Requesting  my  companion  to  remain  behind 
about  half  a  mile.  I  cautiously  approached  the  wharf 
wiih  my  machine  and  powder,  covered  by  a  small 
box;  finding  the  captain  had  come  ashore  Irom  a 
barge  then  at  the  wharf,  I  seized  the  occasion  to  hurry 
foiwaid  with  my  box:  being  halted  by  one  of  the 
wliarf  sentinels  I  succeeded  in  pa-sing  him  by  repre- 
senting that  the  captain  had  ordered  me  to  convey  the 
box  on  board;  hailing  a  man  irom  the  barge 
I  put  the  machine  in  motion  and  eave  it  in 
his  charge.  He  carried  it  aboard,  the  magazine  con- 
tained about  twelve  pounds  of  powder;  rejoining  my 
command  w"e  retired  to  a  sa'e  distance  to  witness  the 
etfect  of  our  effort.  In  about  an  hour  the  explosion 
oci'urred.  Its  eliect  was*communicated  to  another 
barge  beyond  the  one  operated  upon,  and  also  to  a 
large  whart  building  containing  the  enemy's  stores, 
whi'h  were  totally  destroyed.  Th^rscene  was  territic, 
and  the  effect  deafened  my  companion  to  an  extent 
Irom  wihch  he  has  not  recovered.  My  own  person 
was  severely  shocked,  but  I  am  thankful  to  Provi- 
dence that  we  have  both  escaped  Without  lasting  in- 
jury. We  obtained  and  refer  you  to  the  inclosed  slip 
from  the  enemy's  newspapers,  which  alTord  their  tes- 
timony of  the  t'errible  efiects  of  this  blow.  'I'he  enemy 
estimate  the  loss  of  life  at  fifty-eight  killed  and  one 
hundred  and  twenty-six  wounded,  but  we  liave  no 
reason  to  believe  it  greatly  exceeded  that.  The  pecu- 
niary damage  we  heard  estimated  at  lour  millions  of 
dollars,  but  of  course  we  can  give  you  no  exact  ac- 
count of  its  extent. 

The  writer  then  details  the  capture  of  the  vessel  Jane 
Duiiirid,  by  a  party  of  whicii  Acting  Master  W.  H. 
Hinds,  of  the  Confederate  States  Navy,  and  the  writer 
were  members;  the  capture  occurred  on  the  17th  of 
September  last,  in  Warwick  River;  theiiarty  further 
stated  that  he  was  finally  compelled  to  abandon  these 
operations  in  consequence.of  the  vilgilant  watch  kept 
upon  him  and  liis  coadjutors  by  our  lorces;  the  in- 
dorsements on  the  letter  were  by  Z.  McUaniels,  Cap- 
tain of  'be  Conlederate  Army  sec  et  service,  and  G.  J. 
Rains,  Brig;idier-Geperal,  Superintend.-nt.  that  of  the 
latter  being  to  the  effect  that  JohnMaxwell  and  R.  K. 
Dillard  weresent  by  Z.  McDaniels  into  the  enemy's 
line  by  the  authority  of  the  writer,  tor  some  such  pur- 
pose, "and  that  when  the  tremendous  explosion  oc- 
curred at  Citv  Point,  on  August  9th.  the  supposition 
was  strung  that  it  was  done  through  their  agency;  a 
further  indorsement  was   as  Ibllows:— 

■•Certified  copy  forwarded  to  War  Department.  June 
3d.  1865. 

"(Signed)  J.  KELLOG,  A.  A.  G." 

Assistant  Judge  Advocate  Bingham,  by  permission 
ot  the  Court,  placed  upon  record  cenihed  coi)!esof  the 
journals  of  the  Senate  and  House  of  Representatives 
of  the  Congress  ot  the  United  States,  showing  that 
Abniham  Lincoln  un^l  Hannibal  Handin  were  elected 
President  and  V'ice-Pres-.dent  of  the  United  States,  for 
fonrvears  Irom  the  4ihdayoi  March.  ISHl.  and  that 
Abnibam  Lincoln  and  Andrew  Johnson  were  elected 
President  and  Vice-PresiJent  of  the  United  States, 
lor  iour  vears  from  March  4th.  1865. 

Assistant  Adiutant-General  E.  D.  Townsend,  being 
rec-illed,  lestilied  that  from  and  after  the  fourth  day 
of  March,  is<n,  until  the  fifteenth  day  oi  April.  ls6o, 
when  he  died.  Abraham  Lincoln  acted  as  Pre-ident  of 
the  United  states;  that  for  fouryeai-s  preceding  the 
fourth  of  March,  1S65,  Hannibal  Hamlin  acted  as  Vice 
President  of  the  United  States,  and  that  irom  the 
fourth  of  March,  1865,  until  the  15th  of  April,  of  the 
same  year,  the  dav  ol  the  death  of  Abraham  Lincoln, 
Andrew  Johnson  a.ted  as  VicePresident  of  the  United 
States. 


TRIAL   OF   TUE   ASSASSlxXS   AT   WASHINGTON 


rORTSAIT  OF  "JEFF.  DAVIS,"  IN  HIS  WIFE'S  CLOTHES. 


(H) 


TRIAL    OF   THE    ASSASSINS   AT   WASHINGTON. 


155 


Mr.  Doster  stated  that  l-.e  had  received  a  i:ote  from 
Ass:stpnt  iSiirgeon  CoddinRtoii  of  tlie  Go'.  ernmenC 
hdsip'lal,  in  ormiiig  him  oftue  clKu;h  ct  llus  w:  eotUr. 
Nictiols.  and  asked  that  Dr.  IIuil  ba  siili^tj:  uted  lor 
that  fjent'eman  astlie  proiier  person  to  exaniine  into 
the  fjuestiou  of  the  alleged  insanity  of  the  prisoner. 
Payne. 

The  proposed  snbstilution  was  arcordinply  made. 

The  President  of  the  (J  mmissioH  tiave  nouee  that 
the  report  of  Dr.  Ilall  would  be  expected  to-morrow 
morning. 

Re-examination    of  RJcJi.   Montgromery. 

By  Jndge  Advocate  Bnrnetl  — Q.  Examine  that  paper 
and'sta'e  wliea  and  umto  wliopi  ^'oii  leceived  it.  A.  L 
received  that  letter  from  O.  <,'.(.  lay,  Jr.,  ou  tue  evening 
Ol  the  isr  or2d  ofNovemhcr,  IHM. 

Q.  Siate  wliether  you  saw  Mr.  Clay  write  any  por- 
tion of  that  paper.  A.  Yes  sir,  a  very  conbiderable 
portion  of  it. 

Q.  You  know  that  to  be  his  handwriting?  A.  Yes 
sir:  he  wrote  tlie  letter  in  tlie  house  in  wli  ch  he  was 
writing,  on  Clark  street,  I  think  that  is  the  name,  at 
Catharine's  C  anaila. 

Q.  To  whom  d,d  you  deliver  the  paper?  A.  To  Hon. 
C.  A.  iJana,  As'^istant  iSecretary  of  \Var. 

(Exhibiting  to  witness  a  second  paper).  State  whe- 
thertliat  is  a  coi)yofthe  leiter  winch  was  made  b.v 
you  for  mora  convenience  in  reading?  A.  It  is;  that  is 
a  correct  copv. 

Q.  There  ars  certain  blanks  and  omissions  here;  had 
you  anv  iustructioiis  wiui  reierence  lo  gi\'ing  inlbruia- 
tiou  as'lo  whatsliould  boinserted?  A.  Yessir,  1  was 
instructrd  io  fle.iver  tliat  letter  to  Mr.  Benjamin,  Si'C- 
retary  of  Stale  of  the  Conlederate  .state;-,  and  to  tell 
him  that  I  Wi'.s  iniormc-a  of  the  names  lo  be  in  the 
blanks:  iheie  an' several  banks. 

Q.  \Vh;;tv.as  the  reason  lor  omitting  the  signature 
of  this  leitei?  A.  Tliatwafs  lor  my  sal.jty  principally, 
and  so  that  it  miglit  not  be  used  as  evidence  a^;amHt 
the  writer;  both  reasons  were  given  lo  me  by  Mr. 
Clay? 

Q.  Do  you  know  at  what  time  Clement  C.  Clay  left 
Canada?    A.  About  the  1st  ot  January,  I  think. 

The  letterwaSvthen  read,  beariii;^  dale  St. Cat  liarine"s, 
C.W.,  Knv.  1,  ISG4.  and  addressed  to  Jlon.  J.  i'.  Benja- 
min. Secretary  of  Stale,  Biclimiind,  Va.  Jtgi\-es  a  de- 
tailed account  of  the  circiimatiuiceji  connected  with 
tlieSt.  Aibans  raid,  the  writer.siatiiig  that  Lieutenant 
Bennett  II.  Young  wlio  led  the  raiders,  was  well 
known  to  him  tis  one  whose  heart  was  with  tlie  South 
in  tlio.r  stiuggle.  and  thatintii.s  attempt  lo  burn  the 
town  of  St.  Aioans  and  rob  the  banks  hu  acted  ac- 
cording to  the  writers  instructions,  and  urging  the 
C'omederate  Government  to  assume  the  responsibility 
iu  the  premises. 

The  letter  al.so  speaks  of  a  Captain  Clharles  H.  Cole, 
an  escaped  iirisonerof  war  in  the  Itebel  Emrest  s  com- 
mand,who  was  captured  on  board  the  UnitedStates 
warstoamer  Tl/if/ii.cya?!,  on  .Lake  Erie,  wbiie  engaged 
in  an  attempt  to  capture  the  vessel  ai^d  liberate  the 
Eeijel  prisoners  on  Jolinson's  Island.  Tne  writer  pro- 
tests auai  us  t  Cole  being  treated  as  a  spy.  and  gives  vari- 
OlIS  reasons  why  hesljoud  be  reuarded  as  a  prisoner  of 
wtir.  and  concludes  with  astatement  that  "all  that  a 
large  portion  of  the  Korthern  jieople.  especially  in  the 
Korlhwest.  want,  in  order  to  resist  the  oppression  of 
tlie  tlespotism  at  Washington,  is  a  leader.  .Tliey  are 
ripe  tor  resi.-tance,  and  it  may  come  soon  af.er  tlie 
Presidentiai  election."  The  letter  was  not  signed,  tlie 
reason  given  being  lliat  nosigiuiture  was  necessarv.  as 
tne  messenger  presenting  it  and  the  person  to  whom 
it  wasaddre>sed  could  iueiiti.y  llie  atilhor. 

Messrs.  Jatob  Slaver  and  Wulis  Unniston.  citizens 
cf  Troy,K  y  ,  beingcalled  lor  Iheprosecuuun.  testilied 
that  tliey  had  been'inlimately  acquainted  with  Marcus 
B.  Nortiin;  a  witness  in  this  case  iur  the  prosecution. 
for  a  nuniher  of  >ears;  that  in  the  city  of  i  roy,  where 
he  is  well  kiiowii.  his  reijutation  lor  veracity  and  in- 
tegrity is  very  pood;  tliat  tliey  would  believe  h:m  on 
oath  orotherwise:  that  tliey  knew  him  to  be  a  lawyer 
in  good  practice,  and  that  an  attempt  wliicii  had  been 
ma(!e  to  impeach  his  character  had  proved  uusuc- 
cessiul. 

Testimony  of  Horatio  Kins'. 

By  Jud;e  .Advocate  Holt.— 1  live  in  Washington  City; 
I  have  held  the  pusliioiis  of  AsMst.mt  Bostmaster- 
Geueral  and  Poslma-ter-GenM'al  of  tue  United  States; 
'  I  made  the  aciiuaintance  while  here  of  Marcus  P. 
ICorlon,  a  lawyer,  of  Tioy,  iS'.  Y.;  1  have  known  him 
quite  ml. maie'ly  lor  eight  or  ten  years;  I  have  always 
regarded  hlin  as  being  scrurmlously  honest  and  Iron: 
my  k:>'jw:ed;.e  of  his  character  1  woujd  ucheBitatingly 
believe  him  under  oath. 

By  Mr.  Dosier.— I  have  never  lived  in  Troy;  I  do  not 
know  what  Mr.  Norton's  reputation  is  in  that  city;  I 
have  had  some  connection  with  him  in  a  patent;  I 
never  heard  any  one  in  Washington  speak  otherwise 
than  lavorabiy  of  him:  I  never  heard  of  any  attempt 
to  impeacu  his  veracity 

B.v  Judge  Advocate  Holt.— During  March  last  I  saw 
Mr.  Norton  in  this  city,  and  had  iieqnent  conversa- 
tions with  him;  m  one  of  these  conversations  he  men- 
tioned to  me  the  circumstance  ot  a,  person  havuii; 


abrupt'y  entered  his  room  in  the  National  Hotel;  I  do 
not  rememlier  lor  whom  he  sad  the  person  inquired. 

By  Mv.  Doster.— Q.  Did  you  ever  hear  Mr.  Norton  say 
that  he  had  overheard  a  conversation  between  Booth 
aid  the  prisoner,  Atzeroth,  at  the  National  Hotel.  A. 
Ilemade  some  allusion  to  it;  1  think  it  was  about  the 
15th  of  Mav,  which  was,  I  think,  the  date  of  liis  letter. 
Assistant  Judge  Advocate  Burnett  handed  to. the 
wimessa  letter,  which  was  identified  by  him  as  one  he 
had  received  from  Mr.  Norton  about  tne  17th  ot  May, 
from  whicli  ha  read  as  fo:lows:— 

"1  believe  Jolinson  was  poisoned  on  the  evening  of 
March  ;id,  or  the  morning  of  March  last;  1  knew  of 
something  which  took  place  at  the  National  Hotel 
last  winter,  b;'iween  Boothand  siranwrs  lome,  which, 
since  the  death  of  our  good  President,  have  throwu 
me  into  alarm  and  suspicion,  and  about  which  I  will 
talk  with  you  when  I  see  you." 

Testimony  cf  WiUiam  H.  Roherer. 

William  II.  Boherer  lieing  called  (or  the  prosecution, 
testified  to  his  knowledge  of  the  handwriting  or 
Clement  C.  Clay,  of  Alabama,  and  identilied  the  letter 
given  above  as  having  been  written  by  that  person. 

There  being  no  further  witnesses,  the  Court  ad- 
journed. 


Washington,  June  !.■?.— Mr.  Cox  called  the  attention 
of  the  Court  to  thefollowing  item  in  the  Jiveniny  Star  ot 
j'esterday.  copied  Irom  a  Maryland  newspaper:— 

'•  A  Mystkrious  Letter.— On  tlie  ith  instant,  two 
men  namedlrench  and  McAleer,  of  South  Branch. 
Virginia,  were  arrested  by  M^or  Meyers,  and  brought 
to  tills  ci,y,and  lodged  in  tlie  guard-house.  <,n  the 
charge  of  writing  araysterious  letter  addressed  to  J. 
WilKes  Booth,  and  which  was  subiiiitted  in  evidence 
be  ore  the  assassination  court  at  Washington.  It  turns 
out  now  that  the  letter  was  a  iraud,  perpetrated  by  a 
person  named  Purdy,  whoiis  said  to  be  a  Govemment 
Detective,  and  who,  entertain  ng  a  bitter,  hatred  to- 
wards the  parties  arrested,  availed  himselfcf  this 
mode  ot  wreaking  revenge,  trench  and  McAleer 
have  lii'en  released  andPuidy  has  since  been  arrested 
and  placed  in  close  condnenient.  on  the  charge  ofcom- 
miiliug  the  alleged  fraud. '—Cum&eriauci  {^Maryland) 
Union. 

Mr.  Cox  said  if  this  letter  was  a  fraud  the  defense 
ought  to  have  llie  benefit  of  it.  He  had  not  been  able 
to  find  it  (the  letter  in  question),  but  supposed  it  re- 
ferred to  the  letter  addressed  to  J.  W.  B.,  at  the  iNa- 
tional  Hotel. 

Judge  Bingham  said  it  bore  date  April  6th,  1865.  The 
matter  should  not  go  on  record.  If  the  parties  want. 
Purdy  let  him  be  brought  here,  but  he  objected  to  in- 
trL,dueiiig  newspaper  paragraphs  for  which  nobody 
was  responsible.  The  letteiVeferred  to  as  a  Iraud  bears 
evidence'Upon  the  lace  of  it  as  having  been  written  by 
one  concerned  in  tlie  murder  of  President  Lincoln. 
Though  it  never  reached  the  person  to  whom  it  was 
adaressed,  yet  tne  writer  was  none  the  less  guilty. 

Judge  Hoit  said  the  matter  was  now  undergoing  in- 
vestigation, and  there  would  certainly  be  no  conceal- 
ment made  of  tlie  result.    It  should  go  on  the  record. 

Mr.  Ewmgsad  a  great  deal  looser  papers  than  this 
had  been  placed  on  the  record,  and  he  instanced  the 
letter  louud  tloaling  in  the  Roanoke  at  Morehead  City, 
N.  C. 

The  Court  took  a  recess  till  two  P.  M.,  in  order  for  a 
medical  survey  as  to  Payne's  insanity. 

At  two  P.  M.  the  Commission  reassembled. 

Testimony  of  Dr.  James  Chall, 

By  Mr.  Doster.— Witness  testified  that  he  had  ex- 
amined the  prisoner,  Payne;  first,  in  regard  to  his  phy- 
sical condition,  his  eye  bad  a  p.  r. eel  y  natural  look, 
except  tiiat  it  had  no  intellectual  e-vpression.  thougti 
capable  of  evincing  a  great  d(  al  of  passion  and  feeling; 
theshajie  of  his  head  was  not  symmetrical,  the  leit 
Side  being  much  better  developid  than  the  right;  the 
pulse  was  about  thirty  strokes  abov  e  the  natural  ave- 
rat,e;  in  otiier  respects,  wiih  the  e.xception  of  a  matter 
in  regard  to  whicu  the  Court  had  been  inlormed,  hi.s 
heaitu  seemed  to  be  good;  upon  questioning  him  iu 
regard  lo  his  memory,  the  prisoner  answered  all  ques- 
tions put  1 1  him  willingly. but  his  mind  appeared  to  be 
Very  inert;  his  intellect  was  of  a  very  low  order,  and 
dull  and  leeble.  Witness  described  to  the  prisoner  a 
suppijsed  case,  in  which  a  person  had  committed  the 
Clime  wi.h  which  he  was  charged,  and  asked  him 
whether  he  thought  a  per.30n  who  committed  such  an 
act  would  be  justified,  and  he  said  he  thought  they 
would.  Upon  inqu.ring  his  reason  lor  this  opinion,  his 
answer  amoun.ed  lo  this- that  he  thought  in  war  a 
person  was  entitled  lo  take.h.e. 

Q.  Erom  your  whole  examination  of '  the  prisoner 
are  j'ou  of  the  opinion  that  there  are  reasonable 
grounds  for  bedeviug  that  he  is  insane?  A.  I  should 
say  that  there  were;  it  seems  to  me  that  no  man  who 
was  perfectly  sane  could  exhibit  the  same  utter  in- 
sensibility which  the  prisoner  maniiests;  there  was  no 
attempt  at  deception;  he  answered  my  qui-stions,  so 
fur  as  his  mind  would  permit  him,  withotal  any  appa- 
rent intent  to  deceive  or  mislead  me;  I  coiUd  not  give 


156 


TRIAL   OF   THE   ASSASSINS   AT  WASHINGTON. 


a  positive  opinion  as  to  whetber  he  was  laboring  un- 
der eitncrm  ral  or  mental  insanity. 

iiy  Judge- Advocate  Holt.— li.  I  understand  you  to 
say  thiit  wliatyoii  li;ive  discovered  i.s  peculiar  in  the 
condition  otl'uyue  is  not  insanity,  butesueiue  insen- 
sibility? A.  I  cannot  discover  any  positive  signs  if 
mental  iusanity,  but  of  a  vi  ry  leeb.e.  inert  mina;  a  de- 
ficiency latuer  ilian  a  derangement  of  mind;  a  very 
low  oilier  Of'  iutpliect 

Q.  From  the  whole  examination  you  have  naade  do 
you  regard  the  prisoner,  Payne,  as  sullicientiy  suue  to 
be  responsib.eii.r  hiS  acts.'  A.  1  have  not  altogeilier 
made  up  my  mind  upun  ibat;  1  do  not  thinU  that  the 
single  examination  i  have  made  wo^Wd  suffice  to  de- 
cide the  eiuesiion,  but  I  tielieve  that  there  is  enough  to 
warrant  a  suspicion  that  he  may  not  be  a  periectiy 
saue  and  responsible  man;  1  cannot  give  any  positive 
opiniun  up"U  that  point. 

Q.  The  sub  tance  then  of  your  opinion  is  that  there 
aie  grounds  for  susp.cion.  but  jou  do  not  express  any 
positive  opinion.  A.  Ves  sir;  1  do  noi  express  any 
opinion  tliat  he  is  either  mentallv  or  morally  insane, 
bat  that  ti. ere  are  grounds  to  justify  u  suspicion  of  his 
insanity;  I  attached  some  imp  .riance  to  his  physical 
conduou:  it  is  generally  known  thai  persons  insane 
Lave,  with  lew  except. ons,  an  unu.sual  frequenc.v  of 
pulse;  the  prisoner  s pulse  was  thirty  odd  strokes  above 
the  ordinary  standaid. 

Q.  Was  he  laboring  under  any  excitement?  A.  ISTot 
the  least;  he  wasper.eciiy  ca  m;  h.s  memory  was  very 
Blow,  ai.d  at  limes  it  appeared  \  ery  duucu.t  lor  him  to 
answer  a  simple  queatujii:  he  couid  not  remember  the 
maiden  name  of  his  mother. 

U.  J  oyou  ihinkthacwassincereoranaffectation?  A. 
I  think  it  was  sincere;  his  memory  is  very  deiiiient. 

Q.  JJidyou  ever  before  meet  with  a  man  who  was 
known  111  the  community  as  a  sane  and  a  responsible 
man  who  did  not  know  the  name  of  h.s  mother?  A. 
Yes,  sir;  1  haveknowuof  persons  who  lorgot  their  own 
names. 

Q.  Then  you  do  not  consider  the  forgetlulness  of 
nan  es  an  evidence  or  insanity?    A.  ;Xo,s.r. 

Mr.  JJOcter  ajKcd  that  the  witness  be  permitted  to 
couiinue  his  examination  into  the  alleged  insanity  ox 
thejuisoner. 

The  request  was  acceded  to,  and  Dr.  Stevens,  Sur- 
geoii-(.eneial  Barnes  and  Suiiieo.i  -Uorr.s  Were  ap- 
pointed by  the  Court  to  assist  JJr.  Hall  in  the  examina- 
tiou. 

Testimony  of  John  T.  Iloxten. 

Bv  Mr.  Aiken.— I  reside  in  Prince  George  county 
and  have  resided  ihfro  about  loriyyears;  my  residence 
isat  rtariattsvil.e:  1  have  known  the  prisoner.  Airs, 
fcuriatt,  lor  many  years;  her  reputation  amoi.t;  those 
who  know  her  luere  as  a  truth. ui,  kind  and  good 
Chr.stian  lady  is  very  good;  1  have  irequeutly  met  her 
8inc;i  the  commencement  of  tlie  war,  but  never  had 
any  conversation  wi  h  her  on  po.itical  suijjects. 

Witness  was  acquainted  with  J.  '/,.  Jenkins.  His  im- 
pression was  ihat  he  was  a  good  Uuion  man.  I  am 
acquainted  wiJi  the  t;ev.  Win.  A.  JEvans;  I  know 
that  he  kept  a  stole  in  the  neiLjhborliood  in  which  I 
lived  some  ten  yeai-s  ago;  i  know  notuiug  of  his  pres- 
ent«iei>aiatioii  lor  irutii  and  veracity. 

By  Mr.  Clampiit— Cannot  say  tnat  Mr.  Jenkins  is 
now  a  cons.ste.jt  Union  man;  he  was  two  years  ago; 
the  report  in  the  neighborhood  now  is  that  "he  is  not 
loyal;  never  knew  u.m  to  commit  any  disloyal  act. 

Testimony  of  ^Vm.  W.  Hoxten, 

By  Mr.  Aiken.— I  reside  near  Surrattsville,  and  have 
known  the  pn^oner,  Mrs.  iSurrait,  lor  about  twelve 
years;  she  has  alwaj's  been  looked  upon  in  our  ueigh- 
bori.ood  tsa  very  goo. I,  kind,  Chr.stian  laUy,  and  a 
churcij-goiug  woman;  have  met  her  frequently  of  laie 
years,  and  never  heard  her  express  a  disluyal  senti- 
ment; 1  knew  J.  z.  Jenkins  at  the  commencement  of 
the  war;  hew..s  known  a.s  a  very  strong  Union  man, 
and  bore  that  reputation  until  he  lost  his  negroes;  I 
never  knew  of  his  expressing  any  sentiments  opposed 
to  theUovernmeut. 

Testimony  of  Henry  Hawkins  (Colorert). 

By  Mr.  Aiken.— I  have  lived  at  Surrattsville  about 
ele .  en  years;  was  formerly  a  slave  of  Mrs.  burratt;  sue 
always  iiea  ed  me  kindly;  reniemoer  that  on  oneocca- 
sion  some  Government  horses  broke  away  from  Gies- 
boio'  and  came  t>  Jlrs.  fc^urratt  sslab  e.  thevwere  fed 
and  taken  care  of  at  her  e.xpense;  never  heaid  any  po- 
litical expresi'^iis  irom  Mrs.  Surratt;  she  irequeniij' 
fed  Union  soldiers  passing  her  house,  and  gave  them 
the  best  she  had:  do  not  think  she  took  any  jiay  lor  it: 
I  sometimes  heard  that  Mrs.  Surratt  could  not  see 
yery  weil;  have  seen  her  wear  spectacles. 
Testimony  ofliachael  Semus,  (Colored  ) 

I  lived  with  iSfrs.  Snrratt  for  si.x  years;  was  hired  by 
her;  I  never  ht:d  any  reason  to  complain  oi  hard  treat- 
ment while  wiin  her;  she  frequenilv  iiad  Union  sol- 
diei-s.  and  always  tried  to  do  tne  best  she  could  for 
them,  giving'  them  the  best  in  the  house,  and  very 
ollen  giving  them  all  in  the  house:  I  recollect  that  one 
timesnecuiup  tbelast  ham  for  a  party  oi  Union  sol- 
diers; never  khew  her  to  take  pav  irom  the  so  diers; 
have  seen  them  come  there  and  get  reireshments  and 
nocpay;  never  knew  her  to  say  anything  in  favor  of 


the  South;  knew  her  eyesight  to  be  failing;  have  fre- 
quently threaded  a  iieedie  lOr  her. 

Re-cross-examination  of  John  M.  Floyd, 

By  Mr.  Aiken.— When  the  carbines  were  first  brought 
to  my  house  they  were  taken  up  stairs  by  John  11.  bur- 
ratt  and  myself,  and  put  between  thejoists, where  they 
lemaiued  until  Mrs.  burratt  called  to  give  directions 
in  regard  to  them,  which  was  Friday,  the  14th  of  April; 
in  accordance  wuh  her  directions  i  took  them  out  Irom 
where  they  had  been  secreted,  and  kept  them  readv  lor 
Whoever  would  call  lor  them;  that  n  ght  i  a. so  pre- 
pared two  bottles  of  Wiii^ky  (a  bottle  was  exhibited  to 
the  Witness,  which  he  stated  to  be  l.ke  those  used  in 
his  bar-room,  but  was  not  one  of  the  two  of  which  he 
h.d  spoken). 

'I  he  Witness  continued.— It  was  here  Harold,  not 
Booth,  who  said  to  u.e  on  tne  night  of  the  uiurder  :— 
"Floyd,  make  haste  and  get  tho.-5e  things." 

Re-examiuatiou  of  Mrs.  Offutt. 

By  Mr.  Aiken.— Saw  Mr.  Floyd  on  the  evening  of 
Airil  Hih;  ho  was  very  mucii  under  the  intluence  of 
liquor,  mnre  so  than  i  had  seen  him  u  r  some  time 
past;  lor  some  lour  or  five  months  he  has  drank  freeiy; 
1  did  not  hear  tne  fuil  conlession  of  i  loyd  to  Captain 
Cottingham,  but  heard  some  remarks:  I  did  not  hear 
him  say  '" 'Ihat  vile  woman,  she  luis  ruined  me.' 

-Mr.  Aiken  stattd  to  the  Court  that  when  on  the  stand 
oe  ore.  the  witness  iK.d  i.ot  recovered  Irom  a  spell  of 
sic-kiiess,  and  havng  previously  taken  lauo  num. 
her  mind  was  confused  in  giving  her  testimony,  and 
that  she  now  i.esired  to  correct  a  portion  of  tnat  testi- 
mony. Alter  cousultation  between  the  counsel  lor 
Mrs,  burratt  and  Assistant  Judge  Advocate  Bin^'hran 
the  wiine.ss  was  directed  to  make  any  statement  she 
desired,  bhe  then  said,  '■when  jireviouslv  1  was  on  the 
stand,  I  was  asked  if  Mrs.  burratt  handed  ine  a  pack- 
age, and  I  said  uo:  but  she  did  hand  meap.nckage.and 
Slid  she  was  requested  to  leave  it  there;  that  was  be- 
tween live  and  six  o'clock. 

The  re-examination  of  the  witness  was  then  resumed 
as  lollows  I— Witness  hadnoknowledge-ol  ihecoiitents 
of  that  packaije;  saw  something  in  Mr.  Floyd's  hands 
afttrhe  came  in  the  house,  when  Mrs.  Surrattlett;  but 
could  not  say  that  it  was  the  package;  saw  him  have 
the  package  after  he  came  in.  but  not  while  he  w,",3 
coming  in;  never  heard  Mrs.  burratt  utter  anvd.sloyal 
exnressioiis;  remember  instances  of  delectlve  eyesight 
oil  the  jiarc  of  Mrs.  burratt;  on  one  occtusion  she  told 
wiiiiess  that  her  e.vesight  was  failing  very  fast. 

By  Assistant  Judge  Advocate  Bingham.— Witness 
sta  ed  be. ore  that  Mrs.  burratt  and  John  M.  Floyd  had 
a  conversation  outside  the  house  on  the  atternoon  of 
Mrs.  burratl's  visit;  did  not  see  the  package  alter  it 
was  brouL;ht  in  the  house;  do  not  know  whether  Mrs. 
burratt  did  or  did  not  hand  a  package  to  Mr.  Floyd. 

Re-£xaiuination  of  Major  Eekert. 

By  Assistant  Judge  Advocate  Bincham.— Witness 
stated  Ihat  ilie  day  on  which  General  B.  i'.  Butler  was 
ordered  to  leave  Is'ew  York,  after  the  last  Presidential 
elec. ion.  was  the  nth  of  November,  and  that  General 
Butler  made  application  to  be  allowed  to  remain  until 
theloilowiug  Monday,  the  lulh  of  November,  which 
application  was  granted. 

Re-examination  of  RicltardMontg-omery. 

By  Assistant  Judge  Advocate  Bingham.— Witness 
stated  tlK.t  tne  hour  for  the  departure  of  the  train 
vvliJch  left  Montreal.  Canada,  to  connect  w.th  the 
through  trains  lor  Washington  was  three  o'clock  P.  M.; 
tnat  the  distance  between  Montreal  and  Washington 
was  usually  travekd  in  thirty-six  to  thirtj--eight  hours; 
tha;  a  person  leaving  Montreal  at  three  o  clock  on  the 
afternoon  oi  tiieluth  of  April  would  reach  Washington 
b<  lore  daylight  on  the  morningoi  the  14th. 

Cross-examined  by  Mr.  Aiken.— .A.  person  leaving 
Montreal  on  the  afternoon  of  the  12th  would  arrive  in 
tne  city  of  New  York,  at  the  furthest,  at  eleven  o'clock 
in  the  i(>renoonof  the  14th;  leaving  JCew  Vork  at  sixor 
seven  in  the  evening,  one  would  arrive  at  Washington 
in  ten  or  eleven  hours. 

Re-Cross-I::xauiination  of  J.  S.  Debonay. 

By  Mr.  Esving.— At  the  time  the  pistol  was  fired  on 
the  evening  ol  the  a->.sassi nation  witness  was  on  the 
stage  of  Ford  siheatre,  leaning  against  the  corne;roi  a 
scene,  on  the  Itfi-hand  side:  \VL.en  I  lirstsaw  the  priso- 
ner, bi'ang.er,  alter  the  escape  of  Booth,  he  was  shut- 
ting the  scene  back,  so  as  to  allow  the  people  to  get 
upon  the  stage:  that  was  about  a  minute  and  a  half 
a.ter  Booth  ran  across  the  stage,  lollowed  b.v  Mr. 
btewart;  bpangler  then  ran  to  the  green-room  to  get 
some  water  Jor  the  persons  in  the  Presidents  box;  I 
saw  bjiangler  go  to  the  door  when  Booth  called  him, 
previous  to  the  assassination;  did  not  hear  any  conver- 
sation between  bpangler  and  Booth;  witness  was  on 
the  pavement  in  irout  of  the  theatre  about  live  min- 
utes be. ore  the  assassination;  did  not  see  bpangler 
thereat  an.v  time;  never  kuew  bpangler  to  wear  a 
heavy  moustache. 

John  Pile  and  Andrew  CoUenback  were  then  called 
for  tne  deionse,  t'le  lormer  sustaining  the  character  of 
one  OI  the  wilne.-ses  lor  the  de.ense,  J.  Z.  Jeukiiis.  and 
the  latier  testilyiog  in  regard  to  the  remark  made  by 
Mr.  Joiin  M.  Floyd,  that  he  had  beem  nuoceuiiy  per- 


TRIAL   OF   THE   ASSASSINS    AT  WASHINGTON. 


157 


suadert  into  the  matter.  referrin?i  to  the  custody  of  the 
SLioting-irons  by  Mrs.  Surrattor  Mrs.  !?urrait"s  fami  .v. 

Tboounscl  lor  the  prisoners,  c.xrept  in  the  ca,se  of 
the  prisoner  Payne,  whose  alleged  insanity  i.s  yet  to  bo 
reported  uoou.  .severally  stated  that  tueir  deleuse  had 
closed. 

There  being  no  further  witnesses  present,  the  Com- 
mission adjourned  till  to-morruw  at  12  o'clock  JM. 

Washington,  June  14.— The  previous  day's  record 
was  read,  when  the  Commission  tool;  a  recess  until  two 
o'clock,  in  order  to  allow  an  examination  of  the  pri- 
soner Payne  by  the  commission  appointed  lor  that 
purpose. 

The  Commission  reassembled  at  two  o'clock,  when 
Mr.  Doster  stated  that  he  had  closed  the  deleiise  in  the 
case  of  the  prisoner  Payne,  and  did  not  propose  to  call 
as  witnesses  the  medical  gentlemen  who  had  been  ap- 
pointed to  investigate  the  condition  of  Payne  as  to  his 
insanity. 

Jud^o  Ilolt  then  stated  that  these  gentlemen  would 
be  called  for  the  Government. 

Re-oxaiiiioiat ion  of  l»r.  James  C.  Ilall. 

By  Jud^e  Holt.— The  witne'ss  had  examined  the  pri- 
soner. Pavne,  this  mornini;.  and  was  assisted  by  Drs. 
Korris  and  Porter,  and, subsequently.  Surgeon-Goneral 
Barnes  ioini-d  in  the  e.^ammti  ion.  The  prisoner  was 
ask^-d  i'imo  t  tliosame  questions  ihat  were  put  to  him 
yesterduv,  for  the  purpose  of  ascertaining  whetlicr  his 
answer.s'would  be  similar;  ho  answered  w.'.h  rather 
more  prompiness  than  before,  and  his  answers  were 
much  the  same. 

Q.  Are  von  now  prepared  to  express  an  opinion  whe- 
ther or  nf"t,  in  your  judgment,  the  prisoner  is  a  sane 
and  re-pousiblo  man?  A.  I  am  now  jirepared  to  say  j 
there  is  no  evidence  of  mental  insanity:  the  prisoner's 
mind  is  iceb'e  and  uncultivate  l.  but  1  cannot  discover 
sufficient  evidence  of  mentai  incapacity. 

Cross-c  xamined   by    Mr.  Uoster.— Q.  What  are  you  \ 
prepared  to  state  as   to  his  mcnU  insimiiy?    A.  We  i 
asked  him  the  qaestioii  to  day  wh^nher  he   believed  in  | 
aGod  ;  he  said  ihat  he  did,  :',nd  that  he  was  a  just  God; 
ho  also  ;ieknow!ed'.'ed  tome  that  atone  lime  he  had  i 
been  amember  of  ilie  Uaptist  Church:  X  askrd  him  the 
question  whether  In'  llu  U'.^ht  thatthe  assassination  of  i 
anencnivin   time  of  war   was  .justifiable    and  alter 
some  little  hesitation  he  said  he  believed  it  was. 

Tesiasnoay  of  I5r.  Jforris. 

The  'vitness,  in  company  witn  Surgeon-General 
Barnes,  .ind  other  medical  gentlemen,  made  an  ex- 
amina'inn  this  morning  of  the  prisoner  Payne,  and 
arrived  at  tl;e  conclusion  that  he  vv-as  a.saneman. 
The;-e  was  nothing  in  tiie  prisoufr's  look*,  speeeii.or 
conduct  to  indicate  that  he  was  of  unsound  mind;  on 
the  contrary,  his  reasoning  faculties  appeared  to  be 
good.asah'o  liis  iudgment. 

Cross-examined  bv  Mr.  Doster.— I  am  not  familiar 
Willi  cases  of  insaniiy:  I  do  uot  think  the  conduct  of 
the  iirisoncr  during  the  ex;  minatlon  could  have  been 
that  c'f  a  madmar.:  the  prihuntr  might  be  a  monon^a- 
niac.  but  if  such  was  the  case,  the  witness  wou;d  pio- 
bably  have  had  his  suspicions  a.ronsed,  as  sucii  i.ersoiis 
almost  invariably,  in  conversation  with  strange  per- 
sons, r.ier  to  the  subject  of  their  insanity. 

TestJBHOtiy  of  rvj:ri;-oon-GeDtera!  Barnes. 

By  Judge  Advocate  Iloit.— The  prisoner.  Payne,  was 
examined  by  the  witness  and  oiher  medical  gen- 
tlemen, but  no  evidenca  of  insanity  was  d.scovered; 
the  coherent  uiannor  in  which  he  narrated  his  story 
of  liimself,  giving  the  iilaces  at  which  lie  had  been, 
and  his  occupation,  and.  moreimport mt  than  all.  his 
reiteration  oi  tliesiatemen  s  m.ide  by  him  oa  yester- 
day, were  proofs  of  hissaneness. 

Tcstaenony  of  B>r.  Porter. 

By  Judge-Advocate  Holt.— Having  been  present  this 
mornins:  at  the  examination  of  the  prisoner.  Payne, 
the  witne;s  believed  that  he  was  a  sine  man.  The 
prisoner  had  been  under  the  witness'  care  since  his 
ccntinement  in  the  Ar-enal,  and  from  the  inspeeiions 
which  he  liad  made,  witness  arrived  at  the  conclusion 
that  he  was  a  sane  and  resiionsible  man. 

The  cross-esaminalion  of  tins  witness  was  mainly 
with  referen<:e  to  what  constituted  mental  or  moral 
insanity,  and  was  terminated  by  the  President  of  the 
Court  o'b.ieeting  to  the  course  of  examination  as  im- 
proper. 

Assistant  Judge-Advocate  Bingham  entered  upon  the 
record  f;everal  papers,  among  which  were  a  certified 
copy  of  the  re.Svihition  of  the  Senate  of  the  United 
States  consenting  to  and  ordering  the  appointment  of 
William  li.  Seward  as  Secretary  ofState  of  the  United 
States,  and  the  quaUiication  of  Andrew  Johrson  on 
the  I5lh  of  April.  ISi;."").  as  President  ol' the  United  Stales. 

Jud;;e  Holt  said  that  some  additional  testimony,  re- 
lating exclusively  to  the  general  conspiracy  and  not 
afi'ecling  either  of  the  prisoners  particularly,  would  be 
otiered  mi  behalf  of  the  Government.  Having  under- 
stood that  one  of  the  arguments   lor  the   delense  had 


been  full.v  prepared,  he  desired  the  Court  to  hear  it, 
wiih  the  understanding  that  it  should  uot  preclude  the 
ofi'ering  ofthis  test  jiiouy. 

Mr.  Aiken  sa.d  it  was  the  wish  of  the  counsel  that  a!i 
the  testimony  wlncii  the  Government  had  sliould  be 
handed  in  be  ore  that  argument  was  presented  to  the 
Court.  It  had  been  Ihought  jiossible  thtu  Mr.  Johnson 
himself  woiud  be  present  to-morrow  to  de'iver  the 
argument  in  person.  If  he  was  not  present,  Mr.  Clam- 
piit.  by  agreement  among  the  counsel,  would  present 
the  are-ument  to  the  t  ouri. 

Judge  Ilolt  inquired  as  to  which  of  the  prisoners  the 
amoment  was  intended  to  apply. 

Mr.  Aiken  said  it  was  an  aigument  relative  to  the 
jurisdiction  or  the  Court  which  was  prepared  by  Mr. 
Johnson  and  in  which  all  the  counsel  concurred.  It 
was  Intended  lor  all  the  prisoners. 

Assistant  Judge  Advocate  Bingham  said  that  Mr. 
Johnson  was  not  counsel  for  all  the  prisoners. 

General  Wallace  said  that  if  the  argument  on  the 
jurisdiction  of  tlie  Court  was  ready  it  would  not  be  im- 
proper for  the  Court  to  hear  it,  and  in  order  to  con- 
skk-r  the  question  he  moved  that  the  Court  be  cleared. 

The  motion  was  agreed  to.  when  the  Court  was 
cleared.  Alter  some  time  tiie  doors  were  reopened, 
and  It  was  announced  that  tlie  Court  had  adjourned 
until  Friday  morning  at  11  o'clock. 


W.\sHiNGT0N.  June  16.— Colonel  Tompkins,  member 
of  the  Court,  was  not  present  at  the  session  of  the 
Court  to-day,  on  account  of  indisposition. 

Testimony  of  Robert  Purdy. 

By  Judge  Advocate  Holt.— The  witness  said  he  re. 
sided  in  Virginia,  and  had  been  in  the  Government 
service  since  ISGI;  a  letter  heretofore  published,  pur- 
porting to  have  been  dated  at  South  Branch  Bridge 
Virginia,  April  Cth,  ISfio.  addressed  to  "Friend  Wilkes,'' 
and  referring  to  certain  oil  speculations,  and  suggest, 
ing  an  escape  by  way  of  Thornton's  Gap  in  case  the 
party  failed  to  get  through  on  his  trip  after  striking  ile, 
was  shown  to  the  witness,  who  stated  that  he  had 
never  seen  it  before;  the  witness  testified  that  the  allu- 
sions to  Purdy  contained  in  the  letter  had  reference  to 
himself;  that  the  writer  was  known  to  him  as  a  person 
by  the  name  of  Jonas  McAleer,  and  that  some  of  the 
allegations  of  the  letter,  especially  that  with  reference 
to  a  difficulty  with  the  girl  spoken  of,  were  untrue. 

Cross-examined  by  Mr.  Aiken.— South  Branch  Bridge 
is  on  a  branch  of  the  Potomac  River,  about  twenty- 
two  miles  from  Cumberland;  letters  are  not  usually 
mailed  from  South  Branch  Bridge,  but  from  a  little 
village  known  as  Green  Spring  Run,  just  above  it; 
there  is  no  post  office  box  at  South  Branch  Bridge; 
there  are  no  oil  wells  in  that  vicinity. 

Testimony  of  I>.  S.  Eastwood. 

By  Judge  Advocate  Holt.— I  live  in  Montreal, 
Canada,  and  am  assistant  manager  of  the  Montreal 
branch  of  the  Ontario  Bank:  I  am  acquainted  with, 
Jacob  Thompson,  formerly  Secretary  of  the  Interior 
of  the  United  States,  and  with  the  account  which,  he 
kept  in  the  Ontario  Bank:  the  moneys  deposited  in 
that  Bank  to  his  credit  accrued  from  the  negotiation 
of  bills  of  exchange  drawn  by  the  Secretary  of  the 
Treasury  ot  the  so-called  Confederate  States  upon  their 
agents  at  Liverpool. 

Q.  State  whether  or  not  in  the  course  of  the  disburse- 
ments made  by  Jacob  Thompson  of  the  fund  placed  to 
his  credit,  this  requisition  was  drawn  on  the  bank. 
(Exhibiting  to  witness  a  paper,  given  below).  A.  It 
was,  it  is  in  my  handwriting. 

Q.  Please  read  it  to  the  Court.  A.  CReading  the 
paper.)  Montreal.  August  10,  lS(i4.  Wanted,  from  the 
Ontario  Bank  on  New  York,  in  favor  of  Benjamin 
Wood,  Esq.,  for  520,000  current  funds,  ?10.000,  debit 
i?l.j  000.  The  paper  shows  that  the  requisition  was 
originally  drawn  in  favor  of  Benjapin  Wood,  Esq., 
and  that  the  name  ol  I>.  S.  Eastwood  w.as  substituted. 

Q.  State  the  exact  condition  ol  the  paper.  A.  As  it 
reads  now  it  is  a  draft  on  New  York,  payable  to  the 
order  of  D.  S.  Eastwood,  that  is,  mysiMf 

Q.  State  how  thatc'nange  in  the  requisition  occurred. 
A.  The  name  of  Benjamin  W'ood.  as  it  appeared 
originally,  waserr'sed  at  Mr.  Thompson's  request,  and 
mv  name  as  an  officer  ot  the  bank  was  substituted. 

Q.  Tnat  is  the  original  paper,  i  s  it  not?    A.  It  is. 

Q.  Now  look  at  this  bill  of  exchange,  (exhibiting 
anoiher<paper  to  witness)  and  state  whether  it  was 
drawn  upon  that  reqnvllion.    A.  It  was. 

Bv  request  of  the  Judge  Advocate  the  witness  then 
read  the  paper  to  the  Court.    It  is  dated  Montreal,  Au- 


158 


TRIAL   OP  THE   ASSASSINS   AT  TVASHIXGTOX. 


gust  10, 1(<64.  and  is  directed  tn  tlie  Cashier  of  the  City 
JBaiik.  New  Y^rk,  the  wordin^c  being  as  loUnws:—  'At 
Mireedays  siRlit  p!e:ise  pay  to  tlie  c  rder  of  D.  8.  E;ist- 
wood.  in  current  funds,  twenty-iive  thuusard  dollars. 
Value  received,  and  clinr'.;e  ilie  same  t  >  accniint-oftliis 
branch."  Tlie  indorsenn'ntou  thebill  directs  the  pav- 
nienf  to  be  made  to  Hon.Benj.  Wood,  or  order.  Signed 
E.  F.  W<;od. 

Q.  You  state  that  the  twenty-five  thousand  dollars 
for  which  th  s  bill  was  dr'.wnj  is  the  .same  (or  which 
that  requisition  was  made  hy  Mr.  Thompson  in  tlie 
nameol  Ben.i.  Wood?    A.  It  was. 

Q.  State  wbeth  T  or  not  tlie  biU  of  exchange  you 
haveiustxead  IS  theorisinal  one?    A.  It  is. 

Q  Where  did  you  obtain  it?  A.  I  obtained  it  in  Kew 
York,  from  the  Cashier  of  the  bank  on  which  it  was 
drawn. 

Q,  Does  it  bear  the  marks  of  bavins:  been  paid.?  A. 
1  am  not  acqua'<ited  with  the  usual  marks  of  canceling 
in  New  Yorlc.  but  T  undertood  that  it  was  paid 

The  witnessstatedfurtlierihat  he  was  not  acquainted 
■wit!i  the  Beniamin  Wood  referred  to.b.it  bf>  suvpospci 
it  lobe'thesaiine  who  at  the  date  of  t'lat  transaction 
was  a  member  of  tlie  Congress  of  tleTJn  ted  States. 

Cross-examined  by  INfr.  AiUen.— I  do  not  recol  ect  of 
havina  ever  fy'shed  imv  dra'ts  or  chects  in  favor  of 
either  .Tames  \Vatson  Wallace.  R'chard  Mon'gomerv, 
James  B.  Merrit  or  John  WilkesRoofh.  Ab  lUt  tie 
firt  of  October  1  ist  Booth  purchased  a,bill  on  the  hank 
of  Mrntreal  with  wliichwiine^s  was  connected.  Never 
henrd  the  name  of  John  H.  Snrratt  mentioned  before* 

The  .Tudcre  Advocate  exhibited  to  the  witnessa  listof 
localities  upon  w'lich  dra  ts  had  besn  made  bvtlie 
Ontario  Bank,  and  requested  him  to  give  the  dites  and 
smouiitsof  drafts  whi^h.ias  shown  b.v  the  paper,  had 
been  drawn  on  New  York.  The  witness  stated  that 
the  following  were  among  the  number  o*  drafts  drawn 
on  the  3d  of  October  last:— A  drafc  for  flO.iiOO  in  gold; 
on  the  nth  of  October  one  of  f.iOiio  in  pold-  on  Novem- 
ber .^d.  4th  and  ,sth.  bills  for  about  SGono  in  UnitrdStn'os 
currency:  on  the  Hth  and  21st  of  March  last,  small 
drafts  were  also  drawn. 

Testimony  of  Georsre  "Willi es. 

By  Judge  Advocate  TTolr.—T  am  acquainted  with 
Benjamin  Wood,  of  New  York,  and  know  his  hand- 
■writing. 

The  indorsement  of  "B.  Wood"  on  the  back  of  the 
bill  of  exchange  given  above  was  exhibited  to  the 
■witness,  and  the  handwriting  ident  Red  by  him  as  that 
of  Hon.  Beniamin  Wood,  ot  New  York. 

The  witnesssatcd  further  that  at  the  t'me  at  which 
the  paper  appeared  to  havebeeen  dated  W  ood  was  a 
meniher  of  the  Congress  of  the  Vnited  States,  and,  he 
believed,  editorand  proprietor  of  the  Daily  Jfews. 

Tostsmony  of  Mr.  Abrnm  I>.  Russell. 

By  .fudge  Advocate-General  Holt.— I  rjn  acquainted 
wi'h  Beniamin  Wood,  of  the  c  ty  ol  New  Y'l  rk.and 
know  his  handwr'ting;  the  indorsement  on  thehil»of 
e.xchange  exhib  ted  to  the  previous  witness  was  identi- 
fied by  ths  witness  to  be  the  handwriting  of  Mr. 
Wood:  at  the  time  of  the  date  o  that  bill  of  exc'-anie 
Mr.  Wood  was  a  member  ot  the  Congress  of  the  United 
Stares  and  editor  and  proprietor  ot  the  New  Y'ork 
Z»«i"'ViV"'''c.<:,- the  witness  bad  been  in  the  habit  tf  re- 
ceiv  nglelers  from  Mr.  Wood. 

The  Court  then  took  a  recess  until  two  o'clock.  TJpon 
reassembling.  Jud'.re  Advocate  Holt  suggested  that  if 
the  argument  of  t!'e  counsel  for  the  defense  was  now 
commenced,  in  the  absence  of  Colonel  Tompkins, a 
member  of  the  Court,  who  was  indisposed,  it  wou'a 
have  to  be  read  over  to  him  during  a  suhseriuent  ses- 
sion of  I'le  Court.  He  thought  there  would  be  no  loss 
of  time  to  the  Court  if  an  adiournment  was  taken  till 
Monday.  The  Court  adjourned  till  Monday,  at  ten 
o'clock. 

Washixoton^.  June  19.— Mr.  Aiken  stated  to  the 
Court  that  he  should  not  be  prepared  until  Wednes- 
day to  read  the  argument  iuthocase  ot  Mrs.  Surratt. 
The  delay  was  attributable  to  the  voluminous  evidence 
previously  io  be  examined  by  him. 

Reverd.v  .fohiison's  .\r<riinient. 

Mr.  Clampitt  read  the  argumer.t  addressed  to  the 
Presidenta  d  gentlemen  Oi  the  <  ommis-ion,  si  :ned 
by  R  verdy  JohnNon  and  co  icu  red  lu  by  Vn  dericl^  A. 
Aiken  and  Jo. in  W.  Claujijiit  us  associa'te  counsel  lor 
Jlrs.  Mary  E.  Sjrratt. 

Mr.  Presid  'nl  and  Gentlemen  of  the  Commission:— 
Has  t'.i  Comu;i  sionjiui  diction  i  f  the  cases  lie  ore  it 
is  t  le  questi  m  which  I  |  ro,.<)se  to  d  scu^s.  That  aues- 
t:on.  in.i  U  courts,  c.vil.  cr.min;il  and  military,  must 
be  con  idered  and  an^swered  alKrmailv-  ly  be:Ore  ju  Ig- 
mentcin  be  1  rononnofd  .And  U  must'be  atisweed 
correct  y,<  r  t:.e):  dement  pronoun  ed  is  void.  Ever 
an  in.ere  ting  and  vital  inquiry,  it  iiot  engo^si'gi  i- 
terest  and  "f'l.w  ui' importanee.  when  error  may  lead 
to  the  ui.au  hori,'..  d  lakingof  human  lie.  In  sucii  a 
case  theiourl  ca.led  uron  to  render,  and  the  olhcer 
who  is  to  approve  iisjndginent  and  hive  it  executed, 
havo  iiconci-rii  pecid  ir  to  theni--tlVi'S.  As  to  each,  a 
lespocsibiUty  id  involved,  wiiich,  however  conseien- 


t  ously  and  firmly  met.  is  calculated  and  cannot  fail  to 
awakena  great  solicuude  and  inJuce  the  most  mature 
consul,  rat  ou.    Tue  n  .ii-re  ol   tlie  duiy  is  such   tliut 
even  honest  error  affords  no   impunity.     The  le.al 
p  rsonai  conseijLences.  even  in  a  case  ot  honest,  mis- 
takin  judgment,  cannot  be  avo  deil.    Tnat  tins  is  no 
exaggeration,  ih.> Con; mission  w.a.i  think,  lie satisfii-d 
befoie  I  shah  liavecnc  uiieJ.    I  le  er  lo  it  now  and 
siiall  a,',  in,   wuh  no  view   to  shake  y  ur  fiimness. 
Sudi  an  nttimp    w.,uld  beuliKe  discourteous  and  un- 
prohtabie.     K^ery  member  composing  tne  coramis- 
.siou    will,  I    am   sure,    meet   ail    the"  responsibility 
that     belongs    to    it    as     beconies    gentlemen    and 
fOidiers.      I   thereioie   repeat,   that   mv   sole    obie.t 
in   adverting   lo    it    is    to   obtain   a   wellconsi.iered 
and    maiured   jud  mcnt.     So   far,   tlie    que.siion    of 
jurisdiction    lias    not     been     discus^Ld.     Tlie    pleas 
wliicii  siecially  preent  it.  as  soon  as  hied,  were  over- 
ruled.   But  that  w, 11  not,  because,  properlv,  it^llOuld 
nuti:revent  yuurcoiiSiiieringit  with  tlie  oelibe-atioa 
thai  us  grave  uaiuie  demands.  And  it  is  for  you  to  de- 
cide it.  and  at  lliis  time,  lur  you  alone.    Tne  Commis- 
sion you  are  ucing  unler  of  itself  does    not  and  couid 
not  decide  it.    Ii  unuut.iorized,  it  is  a  mere  nuliitj-.  the 
usurpation  of  a  power  not  vested  in  thei.xeuulive,  and 
con.ei  ring  11)  auUiurilv  whatever  upon  yuu.     To  hold 
otherwise  %vonld  be  to  make  the  E.xecutive    the  exciu- 
slve  and  couc.usi\ejndgeot  its  own  powers,  and  that 
would  be  to  make  tiuu  department  omnipotent.    The 
powers  of  tl;e  President  under  the  Coustiiuiion  are 
great,  and  amply  suUicienttogiveail  needed  eliiciency 
totheoiiice.    :iiie  Convention  that  loruied  tneCjnsti- 
sulion.  and  the  puop.e  wlioadopted  it,  considered  those 
powers  sufficient,  and  granted  noothers.  In  iheminds 
of    both    (and   subsequent     historv     h.is     served     lo 
strengthen  ilie  impression),  danger  to  liberty  is  more 
to  be  dreaded  I'n.m  tlie  Executive  than  trom  anv  other 
depariuieiit  o.  tlie  Government.  Soiar,  tlierelore,  from 
meaning  to  extend  its'powers  beyond  whutwasdeemed 
necessary  to  tiio  Nvboie--ome  operation  of  thetiovern- 
ment,tliey  were  studious  to  place  them  bivond  the 
reach  of-ahu-e.    W.h  this  view,  betore  entering 'on 
the  execution  tf  his  office.''  thePre-kient  is  required  to 
takeanoatu  •■lait  ifui  y'  to  discharge  it.s  daties.-and 
to  ihj  best  ofliis  "aoii. I y  preserve,  protect  and  dere:id 
theConstiuti.  11  ot  ti.eX'nited  blate.s."  Hei  ,aiso  liab.e 
to  "bi  removed  f  cm  I  ffite  on  impeachment  lor  and 
conviction     cf     tuasmi,     bribery,     or     other     hi-;h 
cr.mes    and    misdeineanors"      xt     he    violates    the 
Constitution,  if  he  tails  to  preserve  it,  and,  abive  all 
it  he  usurps  powers  not  granted,  he  is  false  to  his  olh- 
ci.l  oath,  and  liable  lo  be  iiidictedand  cjuvic^d,  and 
to  be  impeached.     For  such  an   oftense  his  removal 
from  othce  is  the  necessary  consequence.    In  such  a 
contingency  "l.e shall  be  removed"  is  theconimand  of 
the  Cous.itution.    W.  atstronger  evideiicocou.d  there 
be  that  his  powers,  all  oftbem.iu  peace  and  lu  war, 
areoniy  sub  as  t^e  Constitutlou  confers?    Butiitliis 
was  not  evid-nt  fr.im  the  instrument  iiseli,  the  cha- 
r..c;er  of  the  men  wlio  composed  the  Convention,  and 
the»spirit  ot  the  .  merican  people  at  that  period  would 
proveit.    Hatred  of  a  mjuarchv.  made  the  mo;t  in- 
tense by  the  conduct  ot  tne  monarch  Ironi  whoseGo- 
vernment   they.h.td   recently  separated,  and  a  deep- 
seated  love  of  conititutionaT  liberty,  made  the  more 
keen  and  aclive'b.ytliesacriiices  wiiich  had  illustrated 
their  revolutionary  career,  constituted  tiiem  a  people 
who  could  never  lie  induced  to  delegate  any  executive 
authorit.v  iioitso  careiiuly  restricted  and  guarded  as  to 
render  iisannse  or  usurpation  almost  impo.ssihle.    If 
these  oliservatious  are   well   lounded.  and  I  suppose 
the.vwill  n  it  be  denied,  it  lollows  that  an  executive 
act  beyond  executi ,  e  authority  cap  furnish  no  de.'ense 
against  the  le^al  consequences  of  what  are  d  me  under 
it.     I  have  said  that  the  question   of  jurisdiction  i3 
ever  open.    It  may  be  raised  by  counsel  at  any  stage 
of  the  trial,  and  it  it  is  not  the  l  ourtnot  oii'y  mav  but 
IS  bound  to  notice  it.    Unless  jurisdiction,  tlien. exists, 
theauthority  to  try  does  not  exist,  and  wnatever  is 
done  is  ■•vmin  jioii  jiulicc  "  and  utterly  void     This  doc- 
trine is  as  appliableto  military  as  toother  court.s. 

O'Brien  tells  us  that  the  question  mayb..'  raised  by 
demurrer  if  the  facts  charged  do  iiot,cons.itute  an  of- 
iense.  or  if  they  do,  not  anoiiensecogni/.ablelivamiii- 
tary  court,  cr  thai  it  maybe  raised  by  a  special  plea, 
01  under  the  general  one  of  not  guilty.    (O'Brien,  248.) 

DeHart  says:  "The  Court  isthe  judge  of  itsown  com- 
petency at  any  stage  of  its  proceedings,  and  is  bound  to 
notice  ijuestions  ol  jurisdiction  whenever  raised."'  (De- 
Hart,  III.) 

The  question,  then,  being  a!  ways  open,  and  its  proper 
decision  essential  to  tlie  validity  of  its  judgment,  the 
Com ni ission m list  decide  be  ore  I inuionnciugsULh  judg- 
ment whether  It  has  jurisdiction  over  these  parties  and 
thecriuies  imputed  to  them.  That  a  tribunal  like  this 
has  no  jurisdiction  over  other  tlian  military  olTenses.  is 
be  ievcd  to  be  sell-evident.  Tuat  oiVeiises  denned  and 
punished  by  Ihecivil  law.  and  whose  trial  is  provided 
for  l).v  the  same  law,  are  not  the  subjects  oi  military 
jurisdiction,  is,  of  course,  true.  A  military,  as  contra- 
d  stlnguisiied  from  a  civil  offense,  must  therefore,  be 
made  to  appear,  and  wlie  i  it  is.it  mis:al.so  appear 
that  the  military  law  provides  for  its  trial  and  punish- 
ment by  a  military  tribunal. 

li  that  law  do 'sVot  f  irnish  a  mode  of  trial,  or  afax 
a  puaishmeiit,  the  cose  is  unprovided  lor,  and, . s lar 


\ 


TRIAL   OF   THE   ASSASSINS    AT  WASHINGTON. 


159 


as  the  military  power  is  concerned,  ia  to  go  unpu- 
nished. But,  as  either  tlie  civil,  common  or  statu  e 
law  embraces  every  sjiecies  of  .offense  that  the  United 
Slates  or  the  States  have  deemed  it  necessary  to  pu- 
nish, in  all  such  cases  the  civil  courts  are  clothed  with 
every  necessary  jurisdic;ion.  In  a  military  court,  it' 
the  charge  does  not  state  a  "crime  provided  for  gene- 
rally or  ipec/lically  by  any  of  the  articles  of  war,"  tlie 
prisoner  must  be  discharged.  (O'Brien  p.  235'.)  Nor 
is  iteufficient  that  the  charge  is  of  a  crime  known  to 
the  military  law.  ■  The  ofieuder.  when  he  commits  it, 
must  be  subject  to  such  law  or  he  is  i.ot  sub.iect  to  mi- 
litary jurisdiction.  The  general  law  has  "supreme 
and  undisputed  jurisdiction  over  all.  The  military  law 
puts  forth  no  sucli  pretension:  it  aims  solely  to  ento'ce 
on  the  soldier  the  additional  duties  he  has  assumed.  It 
constitutes  tribunals  for  the  trial  of  breaches  ot  mili- 
tary duty  only."  (O'Brien,  pp.  20,27.)  '•Tne-onecode 
(the  civil)  embraces  all  citizens,  whether  soldiers  or 
not;  the  other  (tlie  military)  has  no  junsdictiou  over 
any  citizen  as  such.    (lb.) 

The  provisions  of  the  Constitution  clearly  maintain 
the  same  doctrine.  The  K.Kecutive  has  no  authority 
"to  declare  war,  to  raiseand  support  armies,  to  pro- 
vide and  maintain  a  navy."  or  to  make  "rules  for  the 
government  and  regulation"  of  either  force.  These 
powers  are  exclusively  in  Congress.  The  army  cannot 
be  raised  or  have  laws  for  its  government  and  regula- 
tion except  as  Congre.ss  shall  provide.  This  powerof 
Congress  was  granted  by  the  Convention  withoutob- 
Jection.  In  England  the  King,  as  the  generalissimo 
of  the  whole  kingdom,  has  tbis  sole  power,  though 
Parliament  has  frequently  interposed  and  regulaied 
lor  itself.  But  with  U3  it  was  thought  safest  to  give.i  he 
entirepower  tOtCongress,  "since  otherwise  simmary 
and  severe  punishment  might  be  inliicted  at  the  mere 
will  of  the  Executive."  (3,  Story'.s  Com.,sec.  1192.)  IS'o 
member  of  the  Convention  or  any  commentator  on  the 
Constitution  since  has  intimated  that  even  this  Con- 
gressional power  could  be  applied  lo  citizens  not  be- 
longing to  thearmy  or  navy.  In  respect,  too.  to  the 
latter  class,  the  power  was  conferred  exclusively  on 
Congress  to  prevent  that  class  being  made  the  objects 
of  abuse  by  the  Executive,  to  guard  them  especially 
from  "summary  and  severe  punishments,"  inllicted 
by  mere  executive  will.  Theexistenceofsuch  a  power 
being  vital  to  d'scipline.it  was  necessary  to  provide  for 
it;  but  no  member  suggested  that  it  should  be  or  c  juUl 
be  made  to  appl.v  to  citizens  not  in  the  military  or 
naval  service,  or  be  given  to  any  other  department  in 
who'e  or  in  part  than  Congress.  Citizens  not  belong- 
ing to  the  army  or  navy  were  not  made  liable  to 
military  law,  or  under  any  circumstances  to  be  deprive  1 
of  iiiiy  of  the  guaranties  ot  personal  liberty  provided 
by  the  Constitution.  Independent  ot  the  considera- 
tion that  tlie  very  nature  of  the  Government  is  incon- 
sistent with  such  a  pretension,  t)ie  power  is  conferred 
upon  Congress  in  terms  that  exclude  all  who  do  not 
belong  to  the  "  land  and  naval  forces."  It  is  a  rule  of 
interpretation  coeval  with  iis  existence  that  the  Go- 
vernment in  no  department  of  it  possesses  powers 
not  granted  by  express  dc^legation.  or  necessar.ly  to 
be  i'mplied  from  those  that  are  granted.  This  would 
be  the  rule  incident  to  the  very  nature  of  the  Consti- 
tution ;  but  to  place  it  beyond  doubt,  and  to  make  it 
an 'imperative  rule,  the  tenth  amendment  declares  that 
"  the  powers  nut  delegated  to  the  United  States  by  the 
Constitution,  nor  prohibited  byit  to  the  States,  are  re- 
served to  the  States  respectively,  or  to  the  iieople." 
The  power  given  to  Congress  is  "  to  make  rules  for  tlie 
government  and  regulation  of  the  land  and  naval 
lorces."'  No  artifice  of  ingenuity  can  make  tliose 
words  i"- elude  those  who  do  not  belong  to  the  army 
and  nav}'.  And  they  are  therefore  to  be  construed  to 
exclude  all  others  as  if  negative  words  to  that  eti'ect 
had  been  added. 

And  this  is  not  only  the  obvious  meaning  of  the 
terms,  considered  by  themselves,  but  is  demonstrable 
from  other  provisonsof  the  Constitution.  Sojealous 
were  our  ancestors  of  ungranted  power,  and  so  vigi- 
lant to  protect  the  citizen  against  it,  that  they  were 
unwilling  to  leave  him  to  the  safeguards  which  a  pro- 
per construction  of  the  Co  istitution,  as  originally 
adopted,  furnished.  In  this  they  resolve  1  that  nothing 
should  be  left  in  doubt.  They  determined,  therelore, 
not  only  to  guard  him  against  executive  and  judici  1, 
but  against  Con  ressional  abuse.  Witn  that  view,  the.v 
adopted  the  tilth  Constitutional  amendment  which 
declares  that  "no  perso'i  shall  be  held  to  answer  for  a 
capital,  or  olbervvise  infamous  crime,  unless  on  a  pre- 
sentment, or  indictment  of  a  Grand  Jury,  except  in 
cases  arising  in  the  land  or  naval  forces,  or  in  the 
nijlitia  when  in  active  service  in  time  of  war  or  public 
danger." 

Tiiis  exception  is  des-gned  to  leave  in  force,  not  to 
enlarge,  the  power  vested  in  Congress  by  the  original 
Constitution,  "to  make  rules  for  the  government  and 
regulation  of  the  land  and  naval  forces."  "The  land  or 
naval  forces  '  are  theterms  used  in  both,  have  the  same 
meaning, and  until  lately  have  boensupposed  byevery 
commentator  and  judge  to  exclude  from  military  juris- 
diction offenses  committed  by  citizens  not  belonging 
to  such  forces.  Kent,  in  a  note  to  his  1  Com.,  p.  341. 
states,  and  with  accuracy  that  "military  and  naval 
crimes  and  olfenses  committed  while  the  party  is 
altacbed  to  and  under  the  immediate   authority  of 


the  army  and  navy  of  the  United  States,  and  in  actual 

service,  are  not  cogn  zable  under  the  common  law 
jurisdiction  of  the  Courts  of  the  United  States." 
According  to  this  great  authority,  every  other  class 
of  persons,  and  every  other  species  of  offense  are 
within  thejurisdictioii  of  tliecivil  Courts,  and  entitled 
to  til's  protectiun  of  tlie  proceeding  by  presentment  or 
indictment,  and  a  puhlic  trial  in  such  a  Court,  lithe 
Constituiional  amendment  has  not  that  effect,  it  it 
does  not  secure  that  protection  to  all  who  do  not  belong 
to  the  army  or  navy,  then  the  provisions  in  the  sixth 
amendment  are  equally  inoperative.  They,  "in  all 
criminal  piostcutions."  give  the  accused  a  right  to  a 
spcKly  and  public  trial  a  right  to  be  informed  of  the 
nature  and  cause  ot  the  accusation;  to  be  confronted 
with  the  witnesses  against  him;  to  compulsory  process 
for  his  witnesses,  and  the  assistance  of  counsel.  The 
exci  p'ion  in  the  fi.th  amendnunt  of  cases  arising  in 
the  land  or  naval  forces  applies,  by  necessary  implica- 
tion at  least,  in  part  to  this.  To  construe  this  as  net 
cunttuning  the  exception  would  deleat  the  purpose  of 
the  exception.  For  the  provisions  of  the  sixth  amend- 
ment, in. hs-i  they  are  subject  to  the  exceptions  of  the 
fifh,  would  be  inconsistent  with  the  fifth.  The  sixth 
IS,  therefore,  to  be  construed  as  if  it  in  words  contained 
the  exceplion. 

It  is  submitted  that  this  is  evident.  The  consequence 
is,  that  if  the  exception  can  be  made  to  include  those 
who,  in  th-e  languageof  Kent,  are  not,  when  the  offense 
was  committed,  "attached  to  and  under  the  immediate 
authority  of^tue  army  or  navy,  and  in  actual  service, ' 
thesecurit.es  de  ugiicd  for  other  citizens  by  the  sixth 
article  are  wholly  nugatory.  If  a  Military  Commis- 
sion, created  by  the  mere  authority  of  the  President, 
can  ('epr.ve.ic  tizen  of  the  benelit  of  the  guaranties 
secured  bv  thefilth  amendment,  it  can  deprive  him 
of  those  secured  by  the  sixth.  It  may  deny  him  the 
rishc  to  "aspf  e  ly  and  public  trial."  information  "of 
the  nut  lire  and  cause  of  the  accusation,"  of  the  right 
"t.i  be  confronted  with  the  witntsses  against  him,'' of 
"compu  soiy  p  ocess  for  his  witnesses,"  and  of  "the  as- 
sistance of  c:  uu  el  for  his  defense."  That  this  can 
bMioiie  no  one  has,  as  yet  maintained.  No  opinion. 
however  l.iiitudiiiarian,  of  executive  power,  of 
the  elfect  of  public  necessity  in  war  or  in  peace,  to 
enlarse  its  sphere,  and  authorize  a  disregard  of 
its  limitations— no  one,  however  convinced  he  may  be 
of  the  policy  of  protecting  accusing  witnesses  trom  a 
public  examination  under  the  idea  that  their  testimony 
cannot  otherwise  be  obtained,  and  that  consequently 
crime  ma.y  go  unpunished,  has  to  this  time  been  found 
to  go  lo  "that  extent.  Certainly  no  writer  has  ever 
maintained  such  a  doctrine.  Argument  to  refute  it  is 
uaiiecessar.v.  It  refutes  itself.  For,  if  sound,  the  sixth 
amendment,  which  our  fathers  thought  so  vital  to  in- 
dividual liberty,  when  assailed  by  governmental  pro- 
secution, is  but  a  dead  letter,  totally  inefficient  tor  its 
purpose  whenever  the  Government  shall  deem  it  pro- 
per to  try  a  citizen  by  a  military  commission.  Against 
such  a  doctrine  the  very  instincts  ot  freemen  revolt. 
It  has  no  foundation  but  in  the  principle  ol  unre- 
strained, tyrannic  power,  and  passive  obedience.  If  it 
be  well  loiinded,  then  are  we  indeed  a  nation  of  slaves 
and  not  of  freemen. 

If  the  Executive  can  legally  decide  whether  a  citi- 
zen is  to  enjoy  the  guaranties  of  liberty  afforded  by  the 
Constliution,  what  i  re  we  but  slaves'?  It  thePresident, 
or  any  of  hi  9  subordinates,  under  any  pretense  what- 
ever, can  deprive  a  citizen  of  such  guaranties,  liberty 
with  us.  however  loved,  is  not  enjoyed.  But  the  Con- 
stitution is  not  so  fatally  delective.  It  is  subject  to  no 
such  reproach.  In  war  and  in  peace  it  is  equally  po- 
tential lor  the  promotion  of  the  general  welfare,  and 
as  involved  in  and  necessary  to  such  welfare  for  the 
protection  of  the  individual  citizen.  Certainly,  until 
this  Rebellion,  this  has  been  the  proud  and  cherished 
conviction  of  the  country.  And  itis  to  this  conviction 
and  the  assurance  that  it  could  never  be  shaken  th^t 
our  past  prosperity  is  to  be  relerred.  God  forbid  tnat 
mere  powi  r.  dependent  for  its  exercise  on  Executive 
will  (a  condition  destructive  of  political  and  social 
happiness),  sliall  ever  be  subst-tulcd  in  its  place. 
Should  that  unfortunately  ever  occur,  unless  it  was 
soon  corrected  by  the  authority  of  the  people,  the  ob- 
jects of  our  Kevolutionary  struggle,  the  sacrifices  of 
our  ancestors  and  the  design  of  the  Constitution  will 
all  htive  been  in  vain. 

I  proceed  now  to  examine  with  somewhat  of  particu- 
larity the  grounds  on  whicli  i  am  inlbrmed  your 
jurisdiction  is  maintained. 

I.  That  it  us  an  incident  of  the  war  power. 

That  power,  whatever  be  its  extent,  is  exclusively  In 
Congress.  War  can  only  be  declared  by  that  body. 
With  its  ori«in,the  President  has  no  concern  what- 
ever. Armies,  which  are  necessary,  can  only  be  raised 
bv  the  same  body.  Not  a  soldier,  without  its  authority, 
can  be  brought  iiitoservice  by  tlio  Executive.  He  is  as 
impotent  to  that  end  as  a  private  citizen. 

And  armies,  too,  when  raised  by  Congressional  au- 
thoritv,can  only  be  governed  and  regulated  by  "rules" 
prescribed  by  thesamc'authority.  TheExecutive  pos- 
sesses no  jtower  over  the  soldier,  except  such  as  Con- 
gress may,  by  legislation,  confer  upon  him.  If, then,  it 
was  true  that  the  creation  of  a  military  commission 
like  the  present  i.s  incidental  to  the  war  power,  it  mast 
be  authorized  by  the  Department  to  which  that  power 


160 


TRIAL   OF  THE   ASSASSINS  AT    WASHINGTOX. 


belonKS,  and  not  by  the  Executive,  to  whom  no  portion 
belongs. 

And  if  it  be  said  to  be  involved  in  the  power  "to 
make  rules  for  the  government  and  regulation  of  the 
land  and  naval  i'orces,"  the  result  is  the  same.  It 
must  be  done  by  Congress,  to  whom  that  power,  also, 
e.xclusively  belong.s.and  not  by  the  Kxecniive.  lias 
Congress,  then,  under  either  power,  authorized  such  a 
Commission  as  this  to  try  such  cases  as  these?  It  is 
conlidintly  asserted  that  it  has  not.  If  it  has,  let  the 
statute  be  produced.  It  is  certainly  not  done  by  that 
of  the  loth  ot  April,  I80G.  "establisliinf,'  arlidys  for  the 
government  ot  the  armies  of  the  United  Siates."  No 
military  courts  are  there  mentioned  or  provided  for 
but  courts-martial  and  courts  of  iuiiuiry.  And  their 
mode  of  appointment  and  organ, zaiion  uud  of 
proceeding,  and  the  authority  vested  in  them,  are 
also  prescribed.  Military  Commissions  are  not  only 
not  authorized,  but  are  not  even  alluded  to.  And, 
consequently,  the  parties,  whoever  these  may  be.wno, 
under  that  act,  can  be  tried  by  coiu-ts-martial  or  courts 
of  inquiry,  are  not  made  subject  to  trial  by  a  military 
commission.  Nor  is  such  a  tribunal  meutloned  in  any 
prior  statute,  or  in  any  subseauent  one.  until  those  of 
the  17lh  of  July,  '62,  and  of  the  3d  of  March, 'U3.  lii 
tliesth  section  of  the  first,  the  records  01  "miiitary 
commissions"  are  to  be  returned  lor  revision  to  the 
Judge  Advocate-General,  whose  anpointment  it  also 
provides  for.  But  bow  such  commissions  are  to  be 
constituted,  what  powers  they  are  to  have,  how  their 
proceedings  are  to  be  conducted,  or  what  cases  and 
parties  they  are  to  try,  are  not  provided  for.  In  the 
38th  section  of  the  second,  they  are  mentioned  as  com- 
petent to  try  persons  "lurkmg  or  acting  as  spies."  Tlie 
same  absence  in  the  particulars  stated  io  respect  to  the 
first  are  true  of  this. 

And  as  re  ards  this  act  of  I86:i,  this  reflection  forcibly 
represents  itself.  If  military  commissions  can  be 
created,  and  from  their  very  nature  possess  jurisdic- 
tion to  try  all  alleged  military  oGenses  (the  ground  on 
which  your  jurisdiction  is  said  in  part  to  rest),  why 
■was  it  necessary  to  give  them  the  powor,  by  express 
words,  to  try  persons  "lurking  or  acting  as  spies?" 
The  military  character  of  such  an  oiiense  coulJ  not 
have  been  doubted.  What  reason,  then  can  be  sug- 
gested lor  coul'erring  the  power  by  e.xp/re^s  lau  ua.:,'e 
than  that  without  it  it  would  not  be  possessed?  Be. ore 
these  statutes  were  passed  a  commission  called  a  Mili- 
tary Commission,  had  been  issued  bv  tlie  Executive  to 
Messrs.  Davis,  Kolt  and  Campbell,  to  examine  into 
certain  military  claims  against  the  Western  Depart- 
ment, and  Congress,  by  its  resolution  of  the  nth  tf 
March,  1862,  (No.  18),  provided  for  the  payment  of 
its  awards.  Against  a  commission  of  that  character 
no  obieclion  can  be  made.  It  is  but  auxiliary  to  the 
a.uditing  of  demands  upon  the  Uovernm.'iit.  and  in  no 
way  inte  .'eres  with  any  constiiulional  right  of  tlie  ci- 
tizen. But,  until  tills  Rebellion,  a  military  commis- 
sion like  tne  present,  organized  in  a  loyal  state  or  ter- 
ritory, where  the  courts  areopenaud  their  proceedings 
unobstructed,  clothea  with  tne  jurisdiction  attempted 
to  be  conferred  upon  you,  a  jurisdictioti  involving  not 
only  the  liberty  but  t.ie  lives  of  the  |)arlicn  011  trial,  it 
is  confidently  stated  IS  not  to  be  lound  sanctioned  or 
themost  remotely  recognized  or  even  ahudedto  by 
any  writer  on  military  law  in  England  or  the  United 
States,  or  in  any  legi.sIalion  of  either  couulry.  jt  has 
its  origin  in  the  Rebellion,  and.  like  the  dangerous  he- 
resy of  Secession,  out  of  which  that  ^ijrung,  nothing 
is  more  certain,  in  my  opinion,  than  that,  however 
pure  tlie  motives  of  its  origin,  it  will  be  an  almost 
equaJJy  dangerous  heresy  to  constitutional  liberty, 
ana,  the  Rebellion  ended,  perish  with  the  other,  then 
and  forever. 

But  to  proceed.  Such  commissions  were  authorized 
by  Lieutenant-Ueneral  Scott  in  his  Mexican  campaign. 
When  he  obtained  possession  of  tne  City  of  Me.xico, 
he,  on  the  17th  of  September,  1817,  republished,  with 
additions,  his  order  of  the  19th  of  I'ebruary  preceding, 
declaring  martial  law.  By  ihis  order  he  authorized 
the  trial  of  certain  oflenses  by  military  commissions, 
regulated  their  proceedings,  and  limited  the  punisli- 
meotsthey  might  inlliet.  From  their  jurisdiction, 
however,  he  excepts  cases  "clearly  coyuizablo  by 
court-martial,"  and  in  words  limits  the  cases  to  be 
tried  to  such  as  are  (I  quote)  "  not  provided  lor  in  the 
act  of  Congress  establishing  rule;  and  articles  lor  the 
Government  of  the  armies  of  the  United  States,"  ol" 
the  loth  of  April,  1806. 

And  he  further  tells  us  that  even  this  order,  so  li- 
mited and  so  called  for  by  the  greatest  public  neces- 
sity, when  handed  to  the  then  Secretary  of  War  (Mr. 
Marcy)  "lor  hisapproval,"  "astartle  at  the  title  (mar- 
tial-law order;  was  the  only  comment  he  then,  or  ever 
made  on  the  subject,"  and  that  it  was  "soon  silently 
returned  as  too  explosive  for  safe  handling."  "A  little 
later  (he  adds)  the  Attorney-General  (Mr.  Cushincr)  l 
called  and  asked  for  a  copy,  and  the  law  olHcer  of  the 
Government,  whose  business  it  is  to  speak  on  all  such 
matters,  was  stricken  with  Irnaldumbneax"  (lb.)  How 
much  more  startled  and  more  paralvzed  would  these 
great  men  have  been  had  they  been  cousulted  on  such 
a  commission  as  this  I  A  Commission  not  to  sit  in  an- 
other country,  and  to  try  oUenses  not  pr.ivided  lor  by  ' 
auy  law  of  the  United  States,  civil  or  military,  then  in 
force,  but  ia   their  own  country,  uud  in  a  part  of  it 


where  there  are  laws  providing  for  their  trial  and 
punishment,  and  civil  courts  clothed  with  ample  pow- 
ers lor  boili,  and  in  the  daily  aud  uudis'.urbed  exer- 
cise of  tiieir  jurisdiction;  and"  where,  if  tliere  should 
bo  an  attempt  at  disturbance  by  a  force  which  they 
had  not  the  power  10  control,  they  could  invoke  (and 
it  would  be  his  duty  to  alibrditi  the  President  to  use 
the  military  power  at  his  command,  and  which  every- 
body knows  to  be  ample  for  tlie  jiurpose. 

'1  he  second  clause  of  the  order  mentions,  among 
other  oflenses  to  be  so  tried,  "assassination,  murder, 
poisoning,"  and  in  the  fourth  (correctly,  as  I  submit, 
with  all  respect  lor  a  contrary  opinion)  he  states  that 
"the  rules  and  articles  of  war"  do  not  provide  for  the 
punishment  of  auy  one  of  the  designated  ohenses, 
"even  when  committed  by  individuals  o;  the  army 
upon  the  persons  or  property  of  other  individuals  of  the 
same,  except  in  the  very  re^tric^edcase  of  the  ninth  of 
the  articles."  Tne  authority  for  even  this  restricted 
commission,  Scott,  not  more  eminent  as  a  soldier  than 
civilian,  placed  entirely  upon  tne  ground  that  the 
named  oCeuses,  if  committed  in  a  foreign  country  by 
American  troops,  coald  not  be  punishedunderany  law 
of  the  United  States  then  in  force.  "The  Constitution 
of  t.ie  United  Slates  and  the  rules  and  articles  of  war;" 
he  said,  and  said  correctly,  provided  no  court  for  their 
trial  or  punishment,  "no  matter  by  whom  or  on 
whom'  committed.  (Scott's  Auiobiograpny.  3a2.) 
If  it  besugg  Cited  that  the  civil  courts  ani.1  juries  lor  this 
District  could  not  safely  be  relied  uj)on  lor  the  trial  of 
these  cases,  because  either  of  incompetency,  disloyalty 
or  corruption,  it  would  be  an  unjust  reliect.on  upon  the 
judges,  upon  the  peojile,  upon  the  Marshal,  au  ap- 
pointee ot  the  I'resident,  by  whmi  the  juries  are  sum- 
moued,  and  upon  our  civil  iustitutj*is  themselves, 
the  very  institutions  on  whose  iutegritj'  and  intelli- 
gence the  sa  ety  of  our  property,  liberiy,  and  lives  our 
ance.st/rs  thought  could  not  only  besaiely  vested,  but 
wou;dbesale  nowhere  else.  If  it  be  suggested  that  a 
secret  trial,  in  whole  or  in  part,  as  the  Executive 
might  deem  expedient,  could  not  be  had  before  any 
other  than  a  military  tribunal,  the  answer  is  that  the 
Constitution,  "in  all  criminal  prosecutions,"  gives  the 
accused  the  "  right"  to  a  "  public  trial."  So  abhorrent 
were  private  trials  to  ourancestors,  so  fatal  did  they 
deem  them  to  individual  security,  that  they  were  de- 
nounced, and  as  they  no  doubt  thought,  so  guarded 
against  as  iu  all  future  time  to  be  impossible.  If  it  be 
suggested  tuat  witnesses  may  be  unwilling  to  testify, 
the  answer  is  that  they  may  be  compelled  to  appear 
and  made  to  testity. 

But  the  suggestion  upon  another  ground  is  equally 
Without  force  It  rests  on  the  idea  that  the  guilty  only 
are  ever  brought  to  trial;  that  the  only  object  of  the 
Constitution  and  the  laws  in  this  regard  is  toalTord  the 
means  to  establish  the  alleged  guilt.  That  accusation, 
however  made,  is  to  be  esteemed 7j;-imc(/a<:va  presnmp- 
tiou  of  guilt,  and  that  the  Executive  should  be  armed, 
without  other  restriction  than  his  own  discretion,  with 
all  the  appliances  deemed  by  him  necessary  to  make 
the  presiimpiiou  conclusive.  Never  was  there  a  more 
dangerous  theory.  The  peril  to  the  citizeu  from  a  pro- 
secution so  conducted,  as  illustrated  in  all  history,  the 
very  elementary  iirinciples  of  constitutional  liberty, 
thesiiint  and  letter  of  the  Constitution  itself,  repu- 
diate it. 

luuLcent  parties,  sometimes  by  private  malice, 
sometimes  for  a  mere  partisan  purpose,  sometimes 
iroiii  a  supposed  public  policy,  have  been  made  the 
subjects  of  criminal  accusation.  Ilistory  is  full  of  sucii 
instances.  How  are  such  parties  to  be"  protected,  if  a 
public  trial,  at  the  option  of  the  Executive,  can  be  de- 
nied them,  and  a  secret  one,  in  wiioie  or  iu  part,  sub- 
stituted? If  the  names  of  the  witnesses  and  they-  evi- 
dence are  not  published,  what  obstacle  does  it  notiu- 
terjjose  to  establish  their  innocence? 

'the  character  of  the  witnesses  against  them  may  be 
all-important  to  that  end.  Kept  in  prison,  with  no 
means  of  consulting  the  outer  world,  how  can  those 
who  may  know  the  witnesses  be  aule  to  communicate 
with  tiicm  on  the  subject?  A  trial  so  conducted, 
though  it  may  not,  as  no  doubt  is  the  casein  the  pre- 
sent, be  iniended  to  procure  the  punishment  of  any 
but  the  guilty,  ills  obvious  subjects  the  iuuocent  to 
great  dnoger.  It  partakes  more  of  the  characler  of 
the  inquisition,  which  the  enlightened  civilization  of 
the  age  has  driven  almost  wuoilv  out  of  existence 
than  ol  a  tribunal  suited  to  a  iree  people.  In  the 
palmiest  days  of  that  tribunal,  kings  as  well  as  people 
stood  abashed  iu  its  presence  and  dreaded  its  power. 
The  accused  was  never  inlormed  of  tne  uames  of  his 
accusers.  Heresy  suspected  was  ample  ground  for 
arrest;  accomplices  and  criminals  were  received  as 
witnesses,  and  the  whole  trial  was  secret,  and  con- 
ducted in  a  chamber  almost  as  silent  as  the  grave. 

It  was  long  since  denounced  by  the  civilized  world, 
not  because  it  might  at  times  punish  the  heretic  (then, 
in  violation  of  ail  rightful  human  power,  deemed  a 
criminal),  but  because  it  was  as  likely  to  punish  the 
innocent  as  the  guilty.  A  public  trial,  therefore,  by 
which  the  names  of  witnesses  and  the  testimony  are 
giveu.  even  in  monarchial  and  despotic  governments, 
is  uow  esteemed  amply  adequate  to  the  punishment  of 
guilt,  and  essential  to  the  prolect'ou  of  innocence.  Can 
it  be  that  this  is  not  true  of  us?  Can  it  be  that  a  secret 
trial,  wholly  or  partially,  if  the  Executive  so  decides, 


TRIAL   OF   THE   ASSASSINS   AT   WASHINGTON. 


161 


is  all  that  an  American  citizen  is  entitled  to?    Such  a  I  the  government  and  regulation  of  the  land  forces,' 


doctrine,  ii  maintained  Liy  au  Encjlisb  nionai'ch,  would 
shake  liis  govenimviii  to  its  very  centre,  and  ir  perse- 
vered in  would  lose  him  his  crown.  It  will  bo  no  an- 
swer to  these  observa.tions  to  say  that  this  i)articular 
trial  ha.-i  been  only  in  pare  a  secret  one,  and  that  se- 
crecy will  never  be  resorted  to  except  lor  i-urposes  ot 
justice,  'i'iie  reply  is  lUat  tlie  principle  itself  is  incon- 
sistent with  American  liberty  as  recognized  and  se- 
cured by  constitutional  guarauties.  It  cupposes  that 
whether  these  guaranties  are  to  be  enjoyed  in  the  par- 
ticular case, 'and  to  what  e.xteut,  is  deijendent  on 
Executive  will.  Tho^  justitution  in  this  regard  is  de- 
signed to  secure  theiu  iu  spite  of  such  will. 

Its  patriotic  authors  intended  to  place  the  citizen,  in 
this  particular,  wnoUy  beyond  the  power,  not  only  of 
the  Kxecutive,  but  of  every  department  of  the  Govern- 
ment. Thev  deomed  the  right  to  a  public  tri.il  vital  to 
the  security  of  the  citizen,  and  especially  and  abso- 
lutely necessary  to  his  protection  against  Kxecutive 
power.  A  puljiic  trial  oraUcriminali)rosecutious  tliey 
thereloro  secured  in  general  and  unriualilied  lernis. 
What  would  these  great  men  have  said  had  they  been 
asked  so  to  qualitv  the  terms  as  to  warrant  its  refusal 
under  any  circumstances,  aud  make  it  dependent  upon 
E.\ecutiv"e  discretion  ?  The  member  wlio  madethein- 
quiry  vvou!d  have  been  deemed  by  them  ii  traitor  to 
liberty  or  insane.  What  would  they  have  said  if  told 
that  without  .such  qualification  the  Executive  would 
1)6  able  legally  to  impose  it  as  incidental  to  Executive 
power?  If  not  received  with  derision,  it  woaid  have 
been  indignantly  rejected  as  an  imputation  upo:i  tbose 
who  at  any  time  therealter  should  legally  till  the 
ollice. 

II.  Let  me  present  the  question  in  another  view.  If 
such  acomn.1.  s.onas  this,  for  the  trial  of  cases  like  the 
present,  can  be  legally  constitutea,  can  it  be  done  by 
mere  Executive  aU'  hority? 

1.  You  are  a  co  it,  and,  if  legally  existing,  endowed 
with  a  momentous  power,  the  highest  knov,-ii  to  man, 
that  of  passing  upon  the  liberty  or  Ii  e  of  the  citizen. 
By  the  express  words  ot  the  Coustitution,  an  army  can 
only  be  r.-is;  d  and  g.jverned,  and  regulated  by  laws 
passed  by  Congress.  In  the  e;;erciseof  ttie  lowerto 
rule  and  govern  it,  the  act  before  referred  to.ol  the  10th 
of  April,  isuii,  est.iblisliing  the  arti  les  of  war,  was 
passed.  Tiiat  act  provides  only  fur  courts-martial  and 
courtsof  inquiry,  and  designates  the  cases  to  be  tried 
before  each,  and  the  laws  that  are  to  govern  the  trial. 

Military  couim.ss.ons  i.re  not  mentioned,  and,  of 
course,  the  act  contains  no  provision  i'lr  their  govern- 
ment. Kow.  it  IS  submitted  as  perfectly  clear  that  the 
creation  oi' a  court,  wiiether  civil  or  military,  is  an  ex- 
clusive legislative  function,  belonging  to  liiedepart- 
ment  ui  on  which  the  legislative  power  isconferred. 
The  juri-..diciion  of  such  a  cDurt,  and  the  laws  ana 
regulations  to  ruide  and  govern  it,  is  ali>o  exclusively 
legislative.  What  cases  are  to  be  tried  by  it,  how  the 
Judges  are  to  be  selected,  and  how  qualilied.  what  are 
to  be  the  rules  of  evidence,  and  what  punishments  are 
to  be  inllicted,  all  solely  belong  to  the  s.uue  de- 
partment. The  very  element  of  constitutional  lib- 
erty, recognized  by  all  modern  writers  on  government 
as  essential  to  its  security,  aud  carefully  incorporated 
nto  our  Constitution,  is  a  separation  ot  the  legislative, 
udicial  and  exjcutive  powers. 

That  this  separation  is  made  in  our  Constitution  no 
one  will  deny.  Article  Istdeclares  that  "all  legislative 
powers  herein  granted  shall  be  vested  in  a  CongreSi." 
Article  2d  vests  "the  executive  power"  in  a  President, 
and  article  3d.  "tl.e  judicial  power  in  certain  desig- 
nated courts,  and  i.i  courts  to  be  thereafter  c.jiistiluted 
by  Congress."'  Tljcre  could  not  be  a  more  caruful 
segregation  ot  the  three  powers.  If,  lhen,courts»their 
laws,  modes  of  proceeding  and  judgments,  belong  to 
legislation  (and  this.  I  suppose,  will  not  ba  questioned). 
In  the  absence  oflegislation  in  regard  to  this  court  and 
Its  jurisdiciion  to  try  the  present  cases,  it  has  lor  mat 

frurpose  no  legtil  oxisfnee  or  authority.  The  Execu- 
ive,  whose  lunctionsare  altogether  e.vecutive.  cannot 
comer  ii.  The  oiienses  to  he  tried  by  it,  the  laws  to 
govern  its  proceedings,  the  punishment  it  may  award, 
cannot,  for  the  same  re.ison,  bepiescrioed  by  the  Exe- 
cutive. Thtse,  as  well  a-i  the  mere  constitution  of  the 
court. all  exclusively  i  elong  to  Congress. 

If  it  be  contended  that  the  Executive  has  the  powers 
Inquesiioii.bccausebyiinplic.aion  ihey  are  involved  in 
the  war  \)Owero<'iu  the  President's  constitutional  func- 
tion.as  Comuiaiider-in-Chief  of  the  army,  then  thiscon- 
secjueiics  won:d  lollow,  that  they  would  not  be  subject 
to  Congressional  control,  as  that  department  has  no 
more  ri.; lit  to  interfere  with  the  power  of  the  Execu- 
tive ihan  that  jiower  has  a  right  to  iuterlere  with  that 
ofCongresj.  if  this  be  so,  if  by  iiui)licat;on  the 
powers  in  question  belong  to  the  E.xecdiive,  he  may 
not  only  constitute  :-.nd  regulate  military  commissions 
and  prescribe  the  laws  for  their  government,  but  all 
legislation  upon  the  subject  by  Congresswould  be  usur- 
pation. 'Ihat  the  proposition  leads  to  this  result  w.iuld 
seem  t )  he  c.ear,  and  if  it  does,  that  result  itself  is  so 
inconsistent  wi  Ji  all  previous  legislation  and  a  1  Exe- 
cutive pract.ce,  and  so  repugnant  to  every  principle  of 
constitutional  liberty,  that  it  demonstrates  its  utter 
unsiiundness. 
Under  the  powergiven  to  Congress  "to  make  rules  for 


they  have,  irom  time  to  lime,  up  to  and  iucUidnig tlie 
act  of  the  lOtb  of  April.  IstlJ.  and  since,  eiiacled  such 
rules  as  they  deemed  tobe  necessary,  ai  wcUin  war  a3 
in  peace,  and  iheir  authority  to  do  so  has  never  beea 
denied.  This  power,  too,  to  govern  and  regulate,  Irom 
its  very  nature,  is  exclusive.  Whatever  is  not  dona 
under  it  is  to  be  considered  as  purjjosely  omitted.  The 
words  used  lu  the  delegation  oi  the  power  "govern  aud 
regulate,"  necessarily  embrace  the  entire  subject,  and 
exclude  all  like  authority  in  others.  The  end  of  suctl 
a  power  cannot  be  attained  excei^t  ilir  )Ugh  uni.ormity 
of  government  and  regulation,  and  this  is  not  to  be 
attained,  if  the  power  is  in  two  hands. 

To  be  ehective,  therefore,  it  must  be  in  one,  and  the 
Constitution  gives  it  to  one.  to  Congress,  in  express 
terms,  and  nowliere  intimates  a  purpoe  to  bcitow  it, 
or  any  portion  of  it,  upon  any  ottier  department.  la 
the  absence,  then,  of  all  mention  of  military  commis- 
sions in  the  Constitution,  and  in  the  presence  of  the 
sole  authority  it  comers  on  Congress  by  roles  of  its  own 
enacting,  to  govern  and  regulate  the  army,  and  in  the 
absence  of  all  mention  of  such  comm  ssions  in  i.ie  act 
of  the  lutli  of  April,  IbOij,  and  of  a  smg.e  word  in  that 
act.  or  in  any  other,  how  can  the  power  be  considered 
as  in  the  President?  Further,  ui.on  wliat  ground, 
othc  r  than  those  I  have  examinea,  can  his  authority 
be  placed. 

It  is  stated  that  the  constitutional  guaranties  re- 
ferred to  are  designed  only  lor  a  state  of  peace.  There 
ii  not  a  syllable  in  the  instrument  that  justities,  even 
plausibly,  such  a  qualilicinion.  These  are  secured  by 
tliC  most  general  and  comjirehensive  terms,  wholly 
in.^onsistent  with  any  restriction.  They  are  also  not 
only  not  confined  to  a  condition  of  peace,  but  are  more 
peculiarly  necessary  to  the  security  of  jiersoiial  liberty 
in  War  than  in  peace.  All  history  tclis  us  that  war, 
at  times,  maddens  the  people,  frenzies  too  (govern- 
ment, and  makes  both  regardless  of  constitutional 
limitations  oipower.  Individual  sa  ety  ai  such  periods 
is  more  in  peril  than  at  any  other.  Consiitutumal  limi- 
tations and  guar.mties  are  then  also  absoluCMy  neces- 
sary to  tue  protection  of  theGovernment  itself 

Tne  maxim  "sulu.-i  popuLi  suprcinaesl  itt'''isbutfit 
for  a  tyraut's  use.  Under  its  pretense  the  grossest 
wrongs  have  been  committed,  the  most  awful  crimes 
perpetrated,  and  every  principle  ot  licedom  violated, 
until  at  last,  worn  down  by  suh'ering,  the  people,  in 
very  despair,  have  acquiesced  m  a  resulting  de  >potism. 
The  saleiy  which  liberty  needs,  aud  vv-itliuut  wliicb  it 
sickens  and  (lies,  is  that  which  law,  and  not  mere  un- 
lieensidhuman  wiil.ahords,  'ihe  Ari.sloteiiau  maxim, 
satu.f  pujlifusiiprcta  est  kj\"  "let  the  public  weal  be 
under  the  protection  of  t.ie  hiw,"  is  the  true  and  only 
sa.'e  ma.xim.  Nature  without  law  would  be  chaos, 
government  without  law.  anarchy,  or  despotism. 
Against  botb,  in  war  and  in  peace,  the  Cukaticution 
happily  protects  us. 

If  the  pov/er  in  question  is  claimed  under  the  autho- 
rity supposed  to  be  given  the  President  in  certain  cases 
to  suspend  ihe  writ  of  habeas  corpus  and  to  declare 
martial  law,  the  claim  is  e-iually  ii  not  more  evidently 
untenable.  Because  the  first  of  these  powers,  ii  given 
to  the  President  at  all,  is  given  "when  in  c.ises  of  re- 
bellion or  invasion.''  he  deems  the  public  safely  re- 
quires it.  I  think  he  h.s  this  power,  but  there  are  great 
and  patriotic  names  who  think  otherwise.  But  if  he 
has  it.  or  if  it  be  in  Congress  alone,  it  is  entirely  untrue 
that  its  exercise  works  any  other  result  tijan  the  sus- 
pension of  the  writ— the  temporary  suspension  ol  the 
right  or  having  the  cause  of  arrest  passed  up-on  at  once 
by  the  civil  judges.  It  in  no  way  impairs  or  suspends 
tne  other  rigiits  secured  to  tlie  accused. 

In  what  court  he  is  to  be  tried,  how  he  is  to  be  tried, 
what  evidence  is  to  be  admitted,  and  what  judgment 
Ijroiiounced,  are  all  tobe  what  the  Constitution  se- 
cures, and  t.ielaws  provided  in  similar  cases,  when 
there  ii  no  suspension  ot  tlie  writ.  The  pur,;ose  ol  the 
writ  is  merely,  without  delay,  to  a.certain  tne  legality 
of  the  arrest.  If  adjudged  legal,  the  party  is  detained; 
if  Illegal,  discharged.  But  in  either  contingency,  when 
he  is  called  to  answer  any  criminal  accusation,  and  he 
is  a  civilian  and  not  subject  to  the  articles  of  war,  con- 
stitutionally enacted  by  Congress,  it  must  be  done  by 
pre^entmellt  or  indictment,  and  his  trial  be  had  in  a 
civil  court,  having,  by  ssiate  or  Congressional  legisla- 
tion, jurisdicticm  over  the  crime,  and  under  laws  go- 
verning the  tribunal  and  defining  the  puiifsuiuent. 

The  very  iact,  too,  that  e.'Cpre.ss  power  is  given  in  a 
certain  condition  of  things,  to  susiiend  the  writ  re- 
lerrid  to.  and  that  no  power  is  given  to  suspend,  or 
di'iiyany  of  the  other  securities  lor  iiersoual  liberty 
piovided  by  the  Coustitution,  is  conclusive  to  show 
that  all  the  latter  were  designed  to  be  in  force  "in  cases 
of  rebellion  or  invasion,"  as  well  as  in  a  stateol  perfect 
pe  ce  and  safety. 

III.  I  have  already  referred  to  the  act  ot  1808,  esta- 
blishing the  articles  of  war.  and  said,  what  must  bo  ad- 
milted,  that  it  provides  for  no  military  conn  like  this; 
but,  for  arguments  sake,  let  it  be  adm.ited.  And  I 
then  maintain,  with  becoming  confidence  and  due  re- 
spect for  a  different  opinion,  that  it  does  not  embrace 
the  crimes  charged  against  these  parlies  or  the  parties 
themselves. 
First.  The  charge  is  a  traitorous  conspiracy  to  take 


]62 


IE^L^^LEE_i!SASSINS   AT  WASniNGTOX 


allesid   to    bav^  i??eV  tra^iio?,,  f^P'-?.^' ^-^ecution  are 

ililippiiiil 

am/Vhn//;-'/-'^'^'',  '■^'"'Stlt,  and  all  our  prior  practice 

to  clialleuf;''l)eremptorjIy  thinv-five  ofihe    urv    fnri 
to  caallenge  lor  cuu  io  w.thout  limuation        ^   ^'    ^ 

a  Rrandy'r;^wm\'i'ifrh'rr*'.v'^'"'"''"' «''"''  ^e  found  by 
orpuni-^lie.l  (act,  ;;'itu  April  iryn    i    si.,i    ./r    i      '   '''•" 

Jamosunvu  and  on  tlip  rnni/„f  li,         ^^'V^  ''"■°^  "' 


fn  v^fv^^f  as'T°d!'c[  ?,'°"le*'r^  that    ,         ,,,, 

iiiorityorti  eGovS-'nnVe  u  Vhr^^  »"''*"'^^-    '^''>e  au- 

limits  is  reinstated  so  «nnlvh;',=r,';"^  ,°"'"  territorial 
ai.d  rlsewiiere  Le  couvmced'' that  u  i"^ '"*""  ^S'^ 
passed  never  to  return  "   '"'-'^"    ">'»'■   'be  danger  has 

GoV;'^rr^i;i,vrsrsi,f.'^4'il5f,a?t7.r;?,'f^  °"  ri''^-''  '^« 

Will  cause  u  to  endure  for  a  lUme  U,\naV\'''''/  '"*' 
invasion  or  domestic  insurrecijLn-  m  1  nn»^.r'rf'='* 
jTiiicipies,  the  choicest  oni    !»?,'„        >°°'*  °'  "^"se 

•crin.  uial  proseSffto"  \spefcndi' u  W^^^^ 

sfc^^-aii^^^^^Hl^i'iii^F--- 

aud  tyranny  on  tt^nurtSfu^pr     ,';^        "•  ^PPr^ssion 

civil  libenv.so  importint  to  ,11,^1?,  V^-o    necessury  to 

anypower  intrusieUToaL  ■'Z'anX'iu^o'on^ 
.ne,u.,sa  reflection  on  tL?r'1iitSn"ce^"a'n^"^lS: 

vided  for  Ui7pt?nfsl''men[^ol^n:?^.^  °'"^^^-  "■^'^^^  P'"' 

/b^e^alJil^^LS^f^S'^rf^i^^-iS^-"an 

o.  the  «,v„ie.  orihe  Vannl  ^nii^         '^'"  eo^erumeat 

thi'rti!^f  a^d '^?t^:^^f  ^;i^,;;i^  -^l^o-i"?  sba,.  be 
United  States  shi  1  ho  °^,.^^""-'?  „"'e  armies  of  the 
article,  excep?  the5  'h  -u^VV-  h'"'''    ''""'   ^■^"'i'   '^'her 

do  not  belon-  to  tlie  ar  m        ,    ,r  1 1   1®  I'ersons  who 

Ts^^'^s^'  ^J:^^^^£p  -  p"-"i^ 

embraced  by  eitijer  the  5  h  i  r  :.-  h  "'■'-' t'^arged,  is 
statute.    The 5(,th    prob,bifs  tl  e    re   evin"  1 1  ''■'  "'    '^^ 

brin-  ihe'olien'es  ill  Q^e"tiT^nuV^.^'f''^^^  'tse.  cannot 
STtiipiohib  ts  onlvihe^'i  ,"di  "  '^'f'^'-*  '"'"^^'e-  The 
or  K-vins  intelliKence  to  i  ho  i'„^    '^'^■''''P'''^'^''ce  with. 

indirectly.-  It  Is  euui°lV  Hp  .'rT/',*'',""''""',"^"""^"'- 
question  are  not  wifh't't^'u^is  provision"  '"^  '^"^"^^^  '" 
J^cZ^^iiZ  "^^^1:^^^,;^^  i^P-.e^t  Of  no 

is,  "uhosoever  belongin-  to  the  ai  m  es  of      o  if^i^^^ 

iiiliiiiiP 


TRIAL   OF   THE   ASSASSINS   AT   WASHINGTON. 


1G3 


The  words,  therefore,  in  the  55th  article.  "beloiigin>;  to 
the  Vi  fte:l  Stute-i,"  quaiilyinstlieimuiodiatevirecedinjj 
word,  '-whosoevfr,"  are  applicable  to  the  5i«  hand  571  h, 
and  equa  ly  Qualily  the  SMiiie  word  '■wliosuever  '  also 
used  ill  each  111  them.  And.  linally,  iipi,n  tli.is  point  I 
am  supportci  by  the  autliorit.v  ol'  Lieotcnaiit-Genoral 
Scott.  The  t'omniission  have  soon  from  my  previous 
reerence  to  Ills  ■■Autobiotrraphy,"  that  he  pl'iced  his 
riRht  to  issue  his  marlial-law  order,  estabiishiii?;, 
amongst  otlier  thin£-i,  military  commissions  to  try 
certain  oflenses  in  a  icrei^u  country,  upon  the  ground 
that  oiherwis"  th'-'.v  wnuld  s^o  unpunished,  aiid  his 
army  become  i!em  )i'alized.  One  of  these  oilenses  was 
murder  commii.L-d  or  attempted,  and  for  such  an 
otlense  he  te'is  us  that  the  articles  of  war  provided  no 
court  for  their  trial  and  punishment,  "no  nialterby 
whom  or  on  whom  committed."  Andths  oiiinion  is 
repeated  in  tl:e  lunrrh  c  ause-oi  his  order,  as  i  rue  of  all 
thedesii-'n  it  d  ollensei,  "except  in  the  ver.v  restricted 
case  in.thenintli  ot  tue  articles." 

V.  'I  i'lere  are  other  views  which  I  snbm't  to  the  seri- 
ous attention  of  the  Commi-ision:— The  mode  ot  pro- 
ccedin-^  in  a  coiir'^like  tlii; .  and  wnich  has  been  pur- 
sued by  ilie  1  ro  ecuticn  with  your  approval,  because 
deemed  le::al  by  both,  is  so  ineous. stem  wi.h  the  pro- 
ceedings of  civil  courts,  as  regulated  Ibr  ares  by  es- 
tablished la  w.'that  the  fact,  llhink.demonsira'.es  that 
persons  not  beloiitjiii^j-  to  the  arni.v  cannot  b  ;  subjected 
to  such  a  jurisdiction.  1.  The  character  of  theplead- 
inss.  Tlieo.f  nse  charged  is  acunspiracy  with  [lersuns 
not  within  ihe-reac.i  of  tue  court,  and  some  or  tlieiu  in 
aioreign  country,  to  commit  th_?  alleged  crmie.  To 
give  you  juris  liction.  the  design  of  tii'e  accused  and 
tbeir"co-con-~pirators  is  averred  to  have  been  to  aid  the 
Kcbelliou,  and  to  perfect  that  end,  not  only  b.v  the 
murder  of  the  President  and  L.jeu  ten  an  i-G'ueral  Grant, 
but  of  the  Vicel'iesideiit  and  S.-cretarj'  of  State.  It  is 
lurt her  averred  mat  tlie  President  being  murdered,  the 
\'ice  Pr'side  it  be  -omiug  thereby  President,  and  as 
such  Commander  in-Chief,  the  purpose  was  to  muider 
liim.and,  aj  ill  tne^c  jutiu'-rency  ol  the  dea  h  or  both, 
it  would  be  ticdntv  of  the  Secieiar.v  ot  s^taie  to  cause 
an  elect  on  to  be  lu  Id  lOr President  and  Vice  Pnsideut, 
he  was  to  be  murd -red  111  or.ler  to  prev,_'nt  n  ''law-ul 
election"  o.  these  ofiicers,  and  thr  thy  a  1  these  means 
'•a;dandcon)  orl"  wiTe  to  be  g.ven  "Ihe  insur-;ents 
engaged  m  armed  Rebel  lion  against  the  United  S.aics," 
and  "the  subversion  and  oi'eithrow  o>  tne  Constitution 
and  laws  of  the  Unite  1  stales  '  then  by  ejected. 

'Ihat,  such  p'.eaeliiigs  as  this  would  not  be  tolerated 
in  aoivilconit,  iBuppese  every  lawyer  will  cnucede. 
It  is  argumenta.ive,  and  even  m  that  cbaracler  un- 
sound. The  coiiiiiiuance  of  our  Government  does  not 
depend  on  the  uvea  of  any  ora'.l  of  iis  public  servants. 
As  lact  or  law,  therefore,  the  ))leading  is  .atally  defec- 
tive. Tne  Government  h;is  an  inherent  pjwer  to  j.re- 
serve  itself,  which  no  conspirac.v  to  murder  or  murder 
can  in  the  Slightest  degree  impair.  And  the  result 
which  weliave  just  w-tuessed  proves  this,  and  shows 
the  folly  of  the  madman  and  fiend  by  whose  hands 
our  late  lamented  President  Ic  11.  lie  doubtless  tliouglit 
that  hedoneade^d  that  wou.d  subvert  the  "Constitu- 
tion and  laws."  We  know  that  it  had  not  even  a  ten- 
dency lothat  result.  Kot  up  iwer  of  the  tJovcrnment 
was  i-nsjieiided.  All  progressed  as  be. ore  the  dire 
caiaslroiihe.  A  cherished  and  almost  idol. zed  cit.zen 
wassna. died  from  us  by  the  assassin's  arm,  but  there 
was  no  hat  in  the  maich  of  the  Government.  That 
continued  in  all  its  majesty,  who'ly  unimpeded.  Tne 
only  effect  wasto  iilaCL!  the  naiion  in  te.irs  and  drajie 
it  in  mourning,  and  to  awake  thesympaihy  aud  excite 
the  indignation  of  the  world. 

But  this  mode  ot  pleading  renders  impossible  the 
rules  of  evidence  known  to  the  civil  couris.  It  justi- 
fies, in  the  opinicn  of  the  .lodge  Advocate  and  the 
Court  (or  what  has  been  wouid  not  have  been  done)  a 
latitude  that  no  civil  Court  would  allow,  as  in  tlie 
judgment  of  such  a  court  the  accused,  however  inno- 
cent, coulil  not  be  supposed  able  to  meet  it.  Proof  has 
been  received  not  only  of  distinct  oilenses  from  those 
charged,  but  ol  sucli  olfenses  committed  b.v  others  ilian 
the  paities  on  trial.  Even  in  regard  to  the  party  him- 
self," other  Olfenses  alleged  to  have  been  prevousl.v 
cmnmitied  by  h.m  cannot  be  jiroved.  At  one  time  a 
dillerent  practice  prevailed  In  Kngland,  and  doesinow, 
it  is  believed,  in  someoftneConimeutal  (.Jovernmenis. 
But  since  the  days  of  l^ord  Ilult  (a  name  venerated  by 
lawyers  and  alladmirersof  enlightened  jurisprudence) 
it  has  not  prevailed  in  Kngland.  Intliecaseof  Har- 
rison, tried  bef  ire  that  Judge  mr  murder,  the  counsel 
for  the  Government  oiiered  a  witness  to  prove  some 
felonious  design  of  the  prisiiuer  tli  ce  years  b>.'fore. 

Holt  indignantly  e.xclaimed,  "Hold!  hold!  whatare 
you  doing  now?  How  can  lie  defend  himself  Irom 
charges  of  Which  he  has  no  notice?  And  liow  manj' 
issues  are  to  be  raised  to  perplex  me  aud  the  jur\".' 
Away  !  away  !  that  ought  not  to  be— that  is  nothiugto 
the  matter."— [12  State  Trials,  SS3,  874,]  I  relerto'lhis 
case  not  to  assaif  what  lias  been  done  in  these  cases 
contrary  to  this  rule,  because  I  am  bound  to  iuler  tlu\t 
beiore  such  a  commission  as  ihi  <  the  rule  has  no  legal 
force.  If  in  a  civil  court,  then,  these  parties  would  be 
entitled  to  the  beneUt  of  th's  rule,  one  never  departed 
from  in  such  courts,  they  wouid  not  have  had  proved 
against  them  crimes  alleged  to  have  been  committed 
by  others,  aud  having  no  necessary  or  legal  connection 


with  those  charged.  With  the  same  view,  and  not  de- 
nying the  right  of  the  Commission  in  the  particular 
case  i  am  ab.jut  to  refer  to.  but  to  show  that  t:io  Coii- 
stituticn  ciuld  not  have  designed  to  subject  citizvns  to 
tne  practice.  1  cite  tne  sane  judge  t.)  prove  that  in  a 
civil  Court  those  jiarlies  could  not  have  been  legally 
lettered  ilaring  their  trial. 

Ill  the  caseoft  auburn,  accused  as  implicated  in  the 
'a.ssassination  plot"  on  trial  beiore  the  same  judge, 
H  Ifputaneni  to  what  l^ord  Campbell  terms  "fhe 
irvoli.ng  practice  of  trying  criminals  in  fates." 
Hniringtheclauk  of  chains,  though  no  compli'.ia  was 
made  to  him,  hes.iid:— '  I  siiouid  like  to  know  why  the 
prisoner  i.s  brought  in  ironed.  Let  them  bo  instantly' 
knocked  off  Wuen  prisoners  are  tried  they  should 
St  ind  attheir  ease."  (1:5 Stale  Trials,  J21,  .d  Campbell 
Lives  Chiei  Justices,  i-H)).  l-inally,  I  deny  tho.,uns  no- 
tion of  the  Commission,  not  only  becau.ie  ne  llier  Con- 
stilmion  nor  laws  justiiy,  baton  the  contrary  repu- 
diaieil.but  ouihe  ground  thatall  the  exiieriente of 
t.iepa.tis  aga  nstt  it.  Je.i'crson,  ardent  in  t..opro;ecu- 
t, on  o"  Burr,  ami  soliciious  for  his  c  mviction,  irom  a 
lirm  belintof  his  guilt,  never  suggest'd  that  he  should 
be  tried  be.or.3- any  (  ther  than  a  civil  court.  And  in 
that  trial,  so  aJiy  presided  over  by  Marshall,  th,' iiri- 
soner  was  allowed  to  '  stand  at  his  ease,'  was  granted 
e^'ery  t'onstilutional  piivileae,  and  no  ev. deuce  per- 
mitied  to  be  gjven  against  him  but  such  as  a  civil 
court  recognize-i.  aud  in  that  ca.se  as  in  this,  the  over- 
throw  111  the  (Joverument  was  ihe  alle.-',t'd  puri.ose;  and 
yet  it  was  not  intimaled  in  any  quarter  that  lie  could 
be  tried  by  a  mjlit  r.v'iribunal. 

In  Kngland.  too.  tiie  docinne  on  which  this  prosecu- 
tion is  placed  is  unknown.  Attempts  were  made  to 
a'sassiuate  George  the  Third  and  the  present  Queeu, 
and  Jlr.  Percival.theii  Prime  Minister,  was  assassina- 
ted ai  he  entered  the  House  of  Commons.  In  the  two 
lirst  instances  the  design  was  to  murder  the  com- 
mandur-iii-ciiief  of  England's  arm.y  and  navy.  In 
whom,  too,  the  whole  war  power  of  tboGovornment 
was  also  vested.  In  the  last,  a  .Secretary,  clothed  with 
powers  as  great  at  leastastho.se  that  belong  to  our 
Sc  erctary  ofTsate.  And  yet,  in  each,  the  iianies  ac- 
cused were  tried  before  a  civil  court,  no  ouesuggest- 
mg  any  other.  And  during  the  period  of  thoFiench 
Uevolution,  when  its  principles,  if  princi)>les  they  can 
be  termed,  were  being  inculcated  to  an  extent  that 
alarmed  iheGovernnient,  and  caused  It  to  exert  every 
power  it  posse  sed  to  Iriislrate  their  eIi'o;:t,  when  the 
wi'ii  of /laOcas  coj-pus  WHS  suspended,  and  arrests  aud 
prosecuiion.s  resoried  to  almost  without  limit,  no  one 
suggested  a  trial  except  in  the  civil  courts. 

And  yet  the  ap.n-ehension  of  the  Government  was 
that  the  objCLt  of  the  alleged  conspirators  was  to 
subvert  its  authority,  brin,g  about  its  overihrow.  and 
i.jibject  the  kingdom  to  the  horrors  of  the  French 
Itevolution,  then  shocking  the  nations  of  Uie  world. 
Hardy.  Fosler  and  others  were  tried  b.v  civil  courts, 
and  their  names  lemembered  for  the"  principles  of 
ireedom  that  were  made  triumphant  maini.v  by  the 
efforts  of 'that  great  (in  the  words  of  a  luudeni  Eng- 
lisli  staiesmanl  genius.  Earl  liussell.  whose  sword 
and  buckler  jjrotcctcd  justice  and  freedom  during  the 
d  sastriius  period,''  having  "the  tongue  of  t'lcoro  and 
the  soul  of  Haui|)den,  an  invincible  orator  and  an 
undaunted  iiatriot'—Er.skiue.  As  itwastlie;e  trials 
were  conducted  with  so  relentless  a  spirit,  and,  it 
was  thought,  with  such  disregard  of  the  rights  oi  the 
■-ub.iect  that  the  admiuislration  of  the  day  were  not 
able  to  Withstand  tlie  torrent  of  the  people's  indig- 
nation. Wliat  would  have  been  the  f.ite,  ii.diviclualiy 
as  well  as  politically,  Hthecases  liad  been  taken  be- 
fore a  militar.v  comm  issioii  and  life  taken. 

Can  it  be  that  an  American  citizen  is  not  entitled  to 
all  the  rights  that  belong' to  alir.tish  subject.'  Can  it 
be  that,  with  US,  E.xecutive  power  at  limes  casts  into 
the  shade  and  renders  all  other  iJower  subordinate? 
An  American  statesman,  with  a  world-wide  reputa- 
tion, long  since  gave  an  answer  to  these  inquiries.  In 
a  de  late  in  the  Senate  01  the  United  States,  in  which 
he  assailed  what  he  deemed  an  unwarranted  assump- 
tion ofExecutive  power,  hesaid,  "  the  lirst  object  of  a 
free  people  is  the  preservation  of  their  lilx-riies,  and 
liberty  is  oul.v  to  be  maintained  by  constitutional  re- 
straints and  just  divisions  of  political  power."  It  does 
not  trust  the  amiable  weaknesses  of  human  nature, 
and  therefore  will,  not  permit  power  to  overstep  its 
prescribed  limits,  though  benevolence, good  intent  and 
patriotic  inlent.came  along  with  it.  And  he  added, 
"iMr..l'resideiit,  the  contest  forages  ha?  been  to  rescue 
liberty  from  tlie  grasp  of  executive  power."  •'li\  the 
long  list  of  the  champions  of  human  ireedom  there  is 
not  one  name  dimmed  by  the  reproach  of  advocating 
the  extension  ofExecutive  authority. 

Thoughis,  eloqueutl.v  expressed,  apoeal  with  sub- 
duing power  to  every  patrioticheart,  and  demonstrate 
that  Webster,  if  here,  would  be  beard  raiang  his 
might.y  voice  against  the  jurisdiction  of  this  Commis- 
sion— a  jurisdiction  placed  upon  Executive  authority 
alone.  Hut  it  has  been  urged,  also,  that  martial  law 
warrants  such  a  Commiss.on  and  that  such  I  law  pre- 
vails here.  The  doctrine  is  believed  to  be  aiike  iiiclo- 
fensible  and  dangerous  It  is  not,  however,  necessary 
to  iiHju-re  whether  martiai  law,  if  it  did  prevail,  Wuuld 
maintain  your  j  iri;diction.  as  it  floes  not  i^revail.  It 
has  never  been  declared  by  any  competent  authority, 


1C4 


TRIAL   OF  THE    ASSASSINS   AT    WASHINGTON. 


nnfl  tlie  civil  courtfs,  we  know,  are  in  full  and  undis- 
turbod  exeTci'e  of  all  tlieir  Innctions.  We  1. arii,  and 
tliefaot  isdoubllfss  true,  that  one  or  the  parties,  the 
very  oliiei'or  tlio  allowed  conspiracy.  l:as  been  indicted 
and  is  about  to  botried  belbre  one  "of  tho-e  Courts.  If 
tliis,  the  aliertod  liead  and  front  of  tlie  conspiracy,  is  to 
be.  and  can  bo  so  tried,  upon  what  ^jround  of  ri'^ht.  of 
fairness,  or  of  policy,  can  the  jjartics  who  are  charKod 
to  have  boon  liis  mere  instruments,  be  deprived  of  the 
same  mode  of  trial?  It  may  be  said  that,  in  acting 
underlhis  commission,  you  are  but  conlbrmnip;  to  :  n 
order  of  the  President,  which  you  are  bound  to  obey. 
Let  me  e.\auiine  this  for  a  moment.  If  that  order 
merely  authorizes  you  to  inves.igate  the  cases  and  re- 
po-t  the  facts  to  him, and  not  tojironounceajudgment, 
and  i :  lo  that  e.vionl  le^al,  then  it  is  because  the  Presi- 
dent has  the  power  himself,  without  such  proceeding, 
to  punish  tlie  crime,  and  has  only  invoked  your  assist- 
ance lo  eniblo  him  todo  it  the  more  juL-tly. 

Can  this  he  so?  CanitbetUat  the  lite  of  a  citizen, 
however  humble,  depeuds  iu  any  case  on  the  mere 
■will  of  the  President?  And  yet  it  doei,  if  thed(jctnne 
be  sound.  What  more  daimerous  one  can  be  imagined? 
Crime  is  delined  by  law,  and  is  to  be  tried  and  pun- 
ished under  the  law.  Wliat  is  murder,  treason  or  con- 
Bpiracy.  and  what  is  admissible  evidence  to  prove 
either,  are  all  legal  questions, and  many  ofthemo.t- 
times  diliicult  ol  correct  solution.  Wliat  the  lacts  are 
maj- also  present  diillcult  inquiries.  To  pass  upon  the 
first  the  Constitution  provides  courts,  consisting  of 
judges  selected  for  legal  knowledi;e,  and  made  inde- 
pendent of  E,\;ecutive  power.  Military  jud'^ea  are  not 
so  selected,  and,  so  far  from  being  independent,  are  ab- 
soUitviy  dependent  on  such  ])ower.  To  p.iss  upon  the 
latter  it  provides  juries,  as  not  being  likely  to  "par- 
take oithewishes  and  opinions  of  lue  Government." 
But  if  your  lunction  is  only  to  act  as  aids  to  the  Pre- 
sident, to  en  able  bim  to  e.xercise  his  lunction  of  pun- 
ishment, and,  as  he  is  under  no  obligation,  by  any  law, 
to  call  lor  such  aid,  he  may  try  and  punish  upon  his 
own  unassisted  judgii^ieut,  and  without  even  the  Ibrm 
of  a  trial.  In  conclusion  then,  gentlemen.  I  su  tmit 
that  5'our  responsibility,  whatever  that  he,  for  error, 
in  a  proceeding  like  this,  can  find  no  protection  in  Pre- 
sidential autluirity.  Wliatever  it  be.  it  grows  out  (.f  the 
laws  and  may  through  thelawsbeenforeed.  Isugg;'Sted 
in  the  oiuset  of  these  remarks  that  that  respjnsibii  ty 
in  one  contingency  may  be  momentous.  1  recur  to  it 
again,  disclaiming  as  I  did  at  first  the  wish  or  hope 
that  it  would  cause  you  to  be  wanting  in  a  sinc;le  parti- 
cular of  what  you  m.".y  believe  to  be  your  duty,  but  to 
obtain  your  best  and'most  matured' judgment.  Tiie 
wish  and  hope  disclaimed  would  be  alike  idle  and  dis- 
courteous; and  I  trust  the  Commission  will  do  me  the 
justice  lo  believe  that  I  am  incapable  of  falling  into 
either  fault. 

Responsibility  to  personal  danger  can  never  alarm 
soldiers  who  have  :aced,  ;ind  will  ever  be  willing  in 
their  country's  defense  to  face  death  on  the  battle- 
field. But  there  is  a  rt  sponsibility  that  every  genile- 
man, belie  soldiir  or  citizen,  will"  cons'antly  hold  be- 
fore him  and  make  him  ponder,  responsibility  to  the 
Constitution  and  laws  of  his  count'  ^'  and  an  intelligent 
public  opinion,  ana  prevent  his  doing  anythiu'j;  know- 
ingly that  can  justly  subject  him  to  thecensareof 
either.  I  have  said  that  your  responsibil.ty  is  great. 
If  tbectimmission  under  which  you  act  is  void  and 
confers  no  authority,  wiiatevcr  you  do  may  involve 
the  mo' t  serious  jiersonal  liability.  Cases  have  oc- 
curred that  prove  this.  It  is  sufficient  to  refer  to  one. 
Joseph  Wall,  at  the  tim'»of  the  ollenie charged  against 
him  was  commitiod,  was  Ciovernor  and  Commandi.'r 
of  the  garr.son  ot  Goree,  a  dependency  ot  England,  in 
Africa.  The  indictment  was  for  the  murder  of  15enj.  j 
Armstrong,  andthe  trial  was  had  iu  January,  isni,  lie-  ' 
fore  a  special  cnurt,  consisting  ot  8ir  Archibald 
McDonald,  chief  baron  of  the  E.xchequcr;  Lawrence, 
of  the  King'sBeiich;  andRooke.of  theCommon.Ple.as. 
The  prosecution  was  conducted  by  Law,  then  Attorney 
General,  a  terwnrds  Lord  ICllonborough.  The  crime 
was  committed  in  1782,  and  under  a  military  orde'r  of 
the  accused  and  the  sentence  eif  regimental  court- 
martial.  The  deense  relied  upon  was  that  at  the  time 
the  garrison  was  in  a  state  of  mutiny,  and  that  the 
deceased  took  a  prominent  part  in  it.  That  because  of 
the  mutiny  the  order  lor  the  court-martial  was  made, 
and  that  liie  punishment  which  was  indicted,  and  sdd 
to  liave  caused  tliede.ith,  was  under  its  sentence.  The 
offense  was  purely  a  military  one,  and  Ijelonged  to  the 
jurisdiction  of  a  military  ctuirt.  if  the  fads  relied  upon 
oy  the  accused  were  true,  and  its  judgment  constituted 
a  valid  delense. 

The  cnurt.  however,  charged  the  jury  that  if  they 
found  tliiit  there  was  no  mutiny  to  justify  such  acourt- 
martial.  or  its  sentence,  they  were  void  and  fur- 
nish no  defense  whatever.  The  jury  so  finding,  found 
the  accused  guilty,  and  he  was  soon  after  e.\ccute;i. 
(28St  Tr.  ,'JI-l7,si.  The  application  of  the  principle  of 
this  case  to  the  question  I  have  considered  is  obvious. 
In  that  instance,  want  of  jurisdictiem  Iu  the  court- 
martial  was  held  to  be  fatal  to  its  judgment  as  a  de- 
fense lor  the  death  thaten  ^ued  under  it.  In  this,  if  the 
Commission  has  no  jurisdict  on,  its  judgment,  for  the 
same  roa.son,  will  be  of  no  avail,  cither  to  Judges, 
Secretary  of  War,  or  President,  if  either  shall  oe  called 
to  a  responsibility  lor  what  may  be  done  under  it. 


Again,  upon  the  point  of  jurisdiction  I  beg  leave  to  add 
that  the  opinion  I  have  endeavored  to  maintain  is  be- 
lieved to  be  the  almost  unanimous  opinion  of  the  pro- 
fession, anel  certainly  is  of  every  judge  or  court  who 
has  expressed  any. 

In  IMaryland.  where  such  commission  4  have  been 
and  are  held,  the  Judge  of  the  Criminal  Court  ot  Bal- 
timore recently  made  it  a  matter  ot  special  charge  to 
the  grand  jury.  Jueige  Bond  told  them:— "ft  hascdOie 
to  my  knowledge  that  here,  where  the  United  States 
Court,  presided  over  by  Cliief  Justice  Chase,  has  al- 
ways iieeii  uniuipeoed,  and  where  the  Marshal  of  the 
United  States,  appointed  by  the  President,  selects  the 
jurors,  irresponsible  and  un'awlul  military  ci-mmis- 
sions  attempt  to  exercise  cr.minal  jurisdiction  over  ci- 
tizens 01  this  State,  not  in  the  military  or  naval  service 
of  the  United  States,  nor  in  tlie  militia,  who  are 
charged  with  offenses  either  ii-^t  known  lo  the  law,  or 
with  crimes  for  which  the  mode  of  trial  and  i  unisli- 
meut  urepre.vided  by  statute  m  the  courts  of  the  land. 
That  it  is  not  done  by  the  paramount  antheiri'v  ot  the 
United  .States,  j-our  attention  is  directed  to  Ariicle  V 
of  the  t  onitituiion  of  the  United  states,  which  says:— 
'No  person  shall  be  held  to  answer  lor  a  capital  or 
otherwise  in:amous  crime  unless  on  a  presentment  or 
indictment  of  a  grand  jury,  except  in  cases  arising  in 
the  land  or  naval  forces,  or  in  the  militia,  wh  n  iu  ac- 
tual service  in  time  of  war  or  public  dang  r.  .such 
persons,  exercising  such  unlawful  jurisdiction,  are  lia- 
ble to  indictment  bv  you  as  well  as  responsible  in  civil 
actions  to  the  parties."  In  New  York,  Judire  Peck- 
man,  o!  the  Supreme  Court  of  that  State,  and  speak- 
ing for  thfe  whole  bench,  charged  their  Grand  Jury  as 
follows:— 

•'  The  Constitution  of  the  United  States.  Article  .5,  of 
the  amendments,  declares  that  "no  person  shall  be  held 
to  answer  for  a  capital  or  otherwise  in. anions  crime, 
unle-s  on  ]-resentment  or  indictment  of  a  grand  jury, 
except  in  cases  arising  in  the  land  or  naval  forces,  or 
in  the  militia,  when  iu  actual  service,  in  time  of  war  or 
public  danger.' 

"Article  t>  declares  that  in  all  criminal  prosecutions 
the  accused  shall  enjoy  the  right  to  a  speedy  and  pub- 
lic irial." 

"Article  3,  Section  2,  declares  that  'the  trial  of  all 
crimes,  except  in  cases  of  impeachment,  shall  be  by 
jury,'  &c. 

'Tliese  provisions  were  made  for  occasions  of  great 
excitement,  no  matter  from  what  cause,  when  passion 
rather  than  rea  on  might  prevail. 

"In  ordinary  times  there  would  be  no  occasion  for 
such  guards,  as  tlirre  would  be  no  disposition  to  depart 
Ireim  ilie  usual  and  established  modes  of  trial. 

"A  greiat  crime  lias  lately  been  cummiUcd.  that  has 
shocked,  hecivilized  world.  Every  right-m;ndcd  man 
desircsthe  punishment  of  the  criminals;  but  be  desires 
that  puni sbnient  to  be  adm  nisiered  accorelin  ,'  lo  law, 
anel  through  the  judicial  tribuuais  of  the  couniry.  No 
star-chambcrcourt.  no  secret  inquisit;on  m  this  nine- 
teenth century,  can  ever  be  made  acceptable  to  the 
American  m.ud. 

"II  none  but  theguilty  could  be  accused,  then  notrial 
could  be  necessary;  execution  should  lollow  accusa- 
tion. 

"It  is  almost  as  necessary  that  the  public  should 
have  undoubted  laith  in  thepurity  of  criminal  justice, 
as  it  is  that  justice  should  in  lact  be  administered  with 
Inteijr.ty. 

"Gravo<1oubts.  to  say  the  least,  exist  in  the  minds 
ofintelligcnt  men  as  to  the  constitutional  right  of  the 
r  cent  military  commissions  at  Washington  to  sit  in 
judu'ment  upon  theper-'ons  now  on  trial  lor  their  lives 
belore  that  tribunal.  Thoughtful  men  leel  a'.;grieved 
tliat  such  a  commission  should  be  establishcel  in  this 
tree  country  when  the  Wiir  is  over,  and  when  the  com- 
mon law  courts  are  open  and  accessible  to  administer 
justice accorelinglo  l.'.w.  without  (ear  or  favor. 

"What  remedy  exists?  None  whatever,  except 
through  tl.e  power  of  public  sentiment. 

"A-i  c.tizcnsof  t.iis  Iree  country,  liaving  an  interest 
in  its  prospe  iiy  ahdgood  nanie.we  may,  as  1  desire  to 
do,  in  all  courtesy  and  kindne-s.  and  with  all  proper 
respect,  express  our  disapprobatiou  of  this  course  in 
our  rulers  at  Washington. 

'■Tiietinaninilty  with  which  the  leaoing  press  of  our 
land  has  condemned  this  mode  of  trial  ought  to  be 
gratilying  to  every  jiatriot. 

"Every  citizen  is  interested  in  the  preservation,  in 
their  puiity,  of  the  institutions  (f  his  country,  and  you, 
geiitiemen.  may  make  sue  h  presentment  on  this  sub- 
ject, i  f  any.  as  your  judgment  may  dictate.'" 

The  reputation  ef  both  of  these  judges  is  well  and 
fiwor.ably  known,  and  their  authority  entitled  to  the 
greatest  de  erence. 

I-'A-en  in  France,  during  the  Consulship  of  Napoleon, 
the  iustitulion  of  a  military  commission  for  the  trial 
of  the  prisoner,  Ducd'Eugliien,  for  an  alleged  conspi- 
racy against  bis  lie,  was,  to  the  irreparable  injury  of 
his'reputation,  ordered  by  Napoleon.  The  trial  was 
had,  and  the  I'rince  at  once  convicted  and  executed. 
It  brought  upon  Napoleon  the  condemnation  of  the 
world,  and  is  one  of  the  blackest  spots  in  bisoharacter. 
Tliecase  of  the  Duke,  says  the  eminent  historian  ot 
•'The  Consulateand  the  Empire,"  furnished  Napoleon 
"a  happy  opportunity  of  saving  his  nloryl'reimastain," 
which  he  lost,  and  adds,  with  philosophic  truth,  that  it 


TRIAL   OF   THE   ASSASSINS    AT  WASniXGTON. 


165 


was  "a  deplorable  consequence  of  violating  the  ordi- 
nary powtTS  ofjustice."  And  lurtlier  adds:— "To  de- 
fend social  order  by  conforming  to  the  strict  rules  and 
powers  of  justice,  without  allowincc  any  feeling  of  re- 
venge tucperate,  is  the  great  lesson  to  be  drawn  from 
these  trag.cal  events."  (Vol.  4,  Thiers'  History,  &c., 
pp.  318.  322). 

Upon  the  whole,  then,  1  think  I  shall  not  be  con- 
sidered oblrusive  if  I  again  invoke  the  court  to  weigh 
well  all  that  I  have  thought  it  my  duty  to  argue  upuu 
them.  I  (eel  the  duty  to  be  upon  me  as  a  citizensworn 
todoalltliat  I  can  to  preserve  the  Constitution  and 
the  principles  on  which  it  rests.  As  counsel  of  one  ot 
the  parlies,  I  should  esteem  niyseh'di.-ihonortd  if  I  at- 
tempted to  rescue  my  client  from  a  properlrial  forthe 
offense  charged  against  her  by  denying  the  jurisdic- 
tion of  theCommissionupon  giouuds  that  I  did  not 
conscientiously  believe  to  be  sound;  and  in  what  I 
have  done  1  have  not  more  had  in  view  the  deiense  of 
Mrs.  Surratt  than  oi  the  Constitution  and  the  laws.  In 
my  view  in  this  respect  her  cause  is  the  i  ausc  of  every 
citizen:  and  let  it  not  besupposed  thatl  am  seekingio 
secure  impunity  tj  anj' who  may  have  been  guilty  of 
the  horrid  crimes  of  the  niglit  ot  the  14th  6i  April. 
Over  these  the  civil  couits  of  this  ]Jistrict  have  ample 
jurisfliction  and  will  faithfully  exercise  it  i(  the  cases 
are  remitted  to  them,  and,  if  gui.t  is  le-;ally  esta- 
blished, will  surely  award  the  punishmciu  known  to 
the  laws.  God  forbid  that  sucli  crimes  should  go  un- 
punished. 

In  the  b'ack  catalogue  of  offenses,  these  will  forever 
be  esteemed  the  darkest  and  deepest  ever  committed 
by  sinning  man  And,  in  common  with  the  civilized 
world,  do  E  wish  that  every  legal  punishment  may  be 
legally  inflicted  upon  all  who  i)articij)ated  in  them.  A 
word  aiore.  gentlemen, andthauUliigyoulorj-our  kind 
attention.  I  shail  havedCiC.  As  you  havediscovered, 
I  have  not  remarked  on  the  evideuc?  in  ihe  case  oi' 
Mrs.  Hurralt.  nor  is  it  my  purpose.  But  it  is  proper 
that  I  re  or  to  her  case  in  paiticular  lor  a  single  mo- 
ment. That  a  woman,  well  educated,  and,  as  laras  we 
can  judge  from  all  her  past  liie.  as  we  have  it  in  evi- 
dence, a  devout  Christian,  ever  kind,  affeciionate,  and 
charitable,  with  no  motive  disclosed  to  us  that  could 
have  caused  a  total  cliaiige  in  her  very  nature,  could 
haveijarticipated  in  the  crimes  in  question  it  is  almost 
impo  sibie  to  iielieve. 

Such  abehefcan  only  be  forced  upon  a  reasonable 
unsuspecting,  unprejudiced  mind  by  direct  and  un- 
contradicted evidence,  coming  Irom  pure  andperfectly 
uususiiectcd  sources.  Have  we  these?  Is  the  evidence 
uncontradicted.  Are  the  two  witnesses,  Wcicliman 
and  Lloyd,  pure  and  unsuspected.  Of  the  particulars 
of  the.r"evidence  I  say  nothing.  They  will  be  brought 
before  you  by  my  associates.  Cut  this  conclusion  in 
regard  to  these  witnesses  must  liave  in  tlie  minds  of 
the  court,  and  is  certainly  strongly  impressed  upon  my 
own,  that  if  the  iacls  which  they  Miemselve,  state  as 
to  their  connection  and  intimac.v  with  Booth  and 
ray ne  are  true.their  knowledge  of  the  purpose  to  com- 
mit thecrinies  and  the^riiarticination  \n  them,  ijmuch 
more  satisfactorily  established  th.an  the  alleged  knovv- 
leJge  and  participation  ol  Mrs.  .Surraii.  As  far,  gen- 
tlemen, as  I  am  concerned,  her  case  is  now  in  your 
hands.  KKVEUBY  JOaJS'teOA'. 

June  16, 18G5. 

As  associate  counsel  for  Mrs.  Mary  E.  Surratt,  we 
concur  in  the  above. 

FBEDERICK  A.  ATKEN, 
JOHN  W.  CLAMBITT. 

Mr.  F.  Stone's  Argument. 

r.  Stone,  Esq.,  counsel  for  Harold,  being  necessarily 
absent,  the  argument  prepared  by  him  was  read  by 
Mr.  James  J.  Murphy,  one  of  the  olhcial  reiiorters  of 
theCourt.  It  commences  hy  saying  that  at  the  earn- 
est request  of  the  widowed  mother  and  estimable  sis- 
ters of  tl;e  accused  he  had  consented  to  act  as  c  lunsel. 
Alter  denying  the  jurisdiction  of  tliisCourt  the  counsel 
says  the  charge  in  this  case  consists  of  several  distinct 
and  separate  oCienses  embodied  i-n  one  charge.  The 
parties  accused  are  charged  with  a  conspiracy  in  aid 
of  the  Bebellion,  with  murder,  with  assault  with  in- 
tentto  kill,  and  witli  lyinginwait.  It  is  extremely 
doubtful,  irom  the  language  of  the  charge  and  tliespe- 
cilic-vtion.. under  whicifof  the  following  crimes  the  ac- 
cused. Ilaroid.  is  arraigned  and  now  on  his  trial,  viz.: 

First.  Whether  he  IS  on  trial  for  the  crime  of  con- 
spiracy to  overthrow  the  Government  of  the  United 
States,  or  punishable  by  the  Act  of  the  Congress  of  the 
United  states,  passed  the  lilst  of  July,  18!il;  or.  Second, 
whether  he  is  on  his  trial  for  giving  aid  and 
comfort  to  the  Rebellion  as  punishable  by  the  Act  of 
Congress  passed  the  i-)th  of  July,  1S62:  or,  third, 
whether  he  IS  on  trial  for  aiding  or  abetting  the  mur- 
der of  Abraham  Bincoln.  President  of  the  United  States. 
His  counsel  well  understands  thelegal  delinitionof  the 
crimes  above  mentioned,  but  does  not  understand  that 
either  to  the  common  law  or  to  the  laws  of  war  is 
known  any  one  offense  composed  of  the  three  crimes 
mentioned  in  the  charge.  He  knows  of  no  one  crime 
ofa  conspiracy  to  murdcranil an  actual  murder,  all  in 
aid  of  the  Bebellion,  distinct  and  separa  e  irom  tiie 
well-known  and  delined  crimes  of  murder,  of  conspi- 
racy in  aid  of  the  Bebellion  as  defined  by  the  Act  of 
Congress.    It  is  extremely  doubtful  from  the  language 


'  of  this  charge,  whetherthe  murder  of  the  President  of 
the  United  States  is  not  rcierred  to  as  to  the  mere 
means  by  which  the  conspirators  gave  aid  and  comfort 
to  the  Bebellion:  whether  it  was  not  merely  the  overt 
act  by  which  the  crime  of  aiding  the  Bebellion  was 
completed. 

First.  As  to  the  crime  of  conspiracy,  the  counsel, 
after  reviewing  the  testimony  for  tiie"  Government, 
says:— These  lacts  would  probably  convict  lifty  people, 
but  they  do  not  give  either  seiiarateiy  or  coUec.ively 
the  slightest  evidence  that  this  boy,  Harold,  e'^er  con- 
spired with  Booth  and  others  in  aid  of  the  Beoellioa 
and  lor  the  overthrow  of  iheGoveriinieutot  the  United 
States.  They  show  nothing  that  might  not  have  oc- 
curred to  any  one  perfectly  innocent. 

The  term  "conlidential  communication"  is  the  wit- 
ness' (We.chman's)  own  construction.  He  meant  only 
to  say  that  the  three  were  talking  togetiier  that  alter 
leaving  Ihe  tiieatre,  where  they  had  been,  theystopped 
and  went  into  a  restaurant,  and  that  he  lelt  them  there 
talking  together  near  u  store.  So  much  lor  the  conspi- 
lacy.  Of  the  lact  that  this  boy  Harold  wa^  an  aider 
and  abettor  in  the  escape  of  Booth  there  is  no  rational 
or  reason;.ble  doubt.  He  was  clearly  gudtyof  that 
crime,  and  must  abide  by  its  consoquences;  but  the  ac- 
cused, by  his  counsel,  altogether  denies  that  he  wag 
guilty  of  the  murder  of  Abraham  Lincoln,  or  that  he 
aided  or  abelied  in  such  murder,  as  set  lorth  in  the 
specification  and  charge;  but  though  Booth  exercised 
unlimited  control  over  this  miserable  boy,  body  and 
soul,  he  lound  him  unfit  for  deeds  of  blood  and  vio- 
lence. He  was  cowardly;  he  was  too  weak  and  trifling, 
but  still  he  could  bo  made  useful. 

lie  knew  some  of  the  roads  through  lower  Mar.vland 
and  Booth  persuaded  hiiu  to  act  as  a  guide,  postboy 
and  companion.  This  accounts  for  their  companion- 
ship. There  was  one  piece  of  evidence  introduced  by 
the  Government  that  should  be  weighed  by  the  Com- 
mission. It  IS  Ihe  declaration  of  Booth  made  at  the 
time  cf  his  c.ipture.  "I  declare  be. ore  my  Maker  this 
man  is  innocent."  Booth  knew  well  enough  at  the 
tin'ie  he  made  that  declaration  that  his  hours,  if  not 
liis  mnutes.  were  numbered.  There  is  no  evidence 
that  Harold  procured,  counseled,  commanded  or 
abetted  Booth  toassabSinatethcPresideiit  oft  he  United 
States  q'he  leeble  aid  that  he  could  render  to  any 
enterprise  was  rendered  in  accom,  anyiug  and  aiding 
Booth  ill  his  flight,  and  nothing  beyond.  That  itself  is 
a  grave  crime  and  it  carries  with  it  appropriate  pun- 
ishment. 

The  counsel  concludes  the  defense  with  a  quotation 
from  "Burnett  on  Military  Law  and  Courts-martial," 
where  the  pnnishmcut  lor  particular  oiienses  are  not 
fixed  bylaw,  but  left  discretionary  with  the  Courts. 
The  above  mandate  of  the  Constitution  musftbe  di- 
rectly kept  ill  view,  and  the  benign  inllnenco  ofa  man- 
date from  a  siiil  higher  law  ought  not  to  be  ignored, 
and  that  justice  should  be  tempered  with  mercy. 

The  elaborate  argument,  of  which  i  he  above  is  a  mere 
notice,  is  signed  by  F.  fctone,  counsel  for  L).  C.  Harold. 

Mr.  Cox  next  otrered  his  argument  in  behalf  of  Ar- 
nold and  O'Laughlin. 

93r.  (.'ox's  Argument. 

He  said  that  for  himself,  e.xecrating  as  he  did  the 
odious  crime  wrought  upon  the  Chief  Magistrate  of  the 
nation,  he  would  not  have  been  willing  to  connect  bis 
name  with  this  defense  until  he  Jolt  assured  that  the 
accused  was  merely  the  victim  of  compromising  ap- 
pearances, and  was  wholly  innocent  of  the  great 
ofiense.  The  evidence,  he  conleuded,  showed  ihat 
even  if  these  two  accused  were  even  beguiled  for  a 
moment  to  listen  to  the  suggestions  of  this  restless 
schemer.  Booth,  yet  there  is  no  blood  on  their  hands, 
and  they  are  wholl.vguiltlessof  all  iJrevious  knowledge 
of  and  participation  in  that  "arch  demon  of  malice" 
which  plunged  the  nation  into  mourning. 

Both  the  accused  and  their  couusel  have  in  this  trial 
labored  under  disadvantages  not  incideut  to  the  civil 
courts  and  courts-mariial.  The  accused  receives  not 
only  a  copy  of  the  charge  or  indictment  in  time  to  pre- 
pare his  defonse,  but  also  a  list  of  the  witnesses  with 
whom  he  is  to  be  confronted;  and  in  the  civil  courts  it 
is  usual  lor  the  prosecution  to  state  in  advance  the 
general  nature  of  the  charge  he  expects  to  establish 
and  the  general  scope  of  the  evidence  he  expects  to 
adduce. 

The  crime  was  laid  at  Washington.  The  purlieus  of 
Montreal  and  Toronto  had  been  searched:  the  city  of 
New  York  was  examined;  the  sea  had  been  encom- 
passed, and  Western  waters  and  yellow  fever  hospitals 
had  been  visited,  and  this  eccentric  career  had  termi- 
nated in  a  Kew  York  wood.    (Laughter.) 

In  this  case  the  accused  were  aroused  from  their 
slumbers  on  the  night  bciore  their  arraignment,  and 
tor  the  first  time  presented  with  a  copy  ol  the  charge. 
For  the  most  jxirl  they  were  unable  to  procure  counsel 
until  the  trial  had  commenced;  and  when  counsel 
were  admitted  they  came  to  the  discharge  of  their  du- 
ties in  utter  ignorance  of  the  whole  case  which  they 
were  to  combat,  except  as  they  could  gather  from  the 
general  language  of  the  charge,  as  well  as  for  the  most 
part  wholly  unacquainted  with  the  prisoners  and  their 
antecedents:  and  Ihe  consequence  is  that  the  earlier 
witnesses  for  the  Government  were  allowed  lo  depart 
with  little  or  no  cross-examination,  which  Bubsequeut 


KG  TRIAL    OF  THE   ASSASSINS  AT  WASHINGTON. 


events  showed  was  of  vital  importance  to  elicit  the 
truth  lUKl  reduce  their  vagaries  ot  statements  to  morl 
ol  accuracy ;  and  he  would  add  that  this  test  m on  v  has 
consisted  of  statements  of  inlormer  s  and  accompTices 
always  suspicious,  broufrht  Irom  remote  places  whose 
antecedents  and  character  it  is  impoisible  for  Uie 
prisoners  to  trace.  He  was  conJtrained  furtlVe? 
to  notice  the  manner  in  which  the  trial  las 
been  conducted.  Tlie  accused  wfie  a?ra  krned 
upon  a  single  charge.  It  described  one  oSe 
of  some  kind,  but  however  specific  in  iorm  it  seenis"to 
have  been  intended  to  fit  every  conceivable Torm  o" 
crime  wljich  the  wickedness  of  men  can  devise  The 
rinVV',';  T'""'"^^  ^'  Washington,  yet  we  have  been  car^ 
rod  to  the  purlieus  of  Toronto  and  Hontreal  have 
in',''  f/^,?''T  '^'"fdersof  New  York  and  Vermont  'touch 
ing  at  Ugdensburg  and  St.  Albans,  have  passed  down 
Ihebt.  Lawrence,  and  out  to  sea,  inspected  our  ocean 
Bhippiiig  have  visited  the  fever  hospitals  of  the  British 
isles,  and  have  returned  to  the  prison  pen  of  Ander- 

fnri^','i  r'lKK'^  **''*''J  """^  '■'""■'  '\^  l^''"e  Isle,  and  the  his- 
torical Libby,  and  penetrated  the  secret  councils  of 
fh!^  ??°"^'  ''^T*^  passed  thence  to  the  hospitals  of 
i^n.n  ,  ■  **'"?  j'sceiideu  the  Mississippi,  and  at 
t^pS,  V  f..?.'*'",',''''?  ""^  eccentric  career  in  tfie  t«or.rf^ol 
JNew  loik.  Under  a  charge  against  the  prisoners  of 
fni\?n"';"B'°  "*"  V'^  President  "and  others,  in  Wash- 
ITl^  '  Jf  flerson  Davis  and  his  associates  iiave  been 
tried,  and  in  the  judgment  of  many,  convicted  of  slarv- 

to^;,pn'H^[!"'Si^'',''°'l- ''"^  other  crimes  too  numerous 
to  mention.  He  had  apurehended  that  the  counsel  for 
i>»ti^f  "^^^  ^^'°""*  ''PPe-ir  in  a  false  ,'osition  bv  their  aii- 
parer^tacguiescence  in  this  wide  range  ofinguirv,  and 
h,- n*;  ?r;  "^i^  II  '^"^- '"  l'i"iself,  at  leaSt,  to  explain.  For 
hi.spart.lielelt  no  interest  whatever  in  insisting  on 
the  exposure  of  the    mi.sdeeds  of  the  Ilebel   authoi- - 

fhsft'".'!''",'^"'''-  1^'^.  ""'y  concern  has  been  to  show 
that   his   clients   had   nothing  to  do    with  the   con- 

ability  he  had  scrutinized  the  evidence  of  that 
conspiracy  so  lar  as  necessary  to  their  dc.ense  With 
rIv  , n  t^^l^^f  matters  foreign  to  this  i.ssue,  he  had  to 
vvM^.h  a  v,p.u''f^''"',''^'>^'j?  *=''"?■«*?  ^^''"^  artiully  Iramed 
thnt/fJ^      to  admit  them  in  evidence.    It  imputes 

othP,-^  f^tm"^^*^, '^°"'i*''^^^  ^'^'^  Jel.erson  Uavis  and 
otheis,  to  kill  and  murder  the  President,  &c..  with  in- 

nt^in"tS^''^,'^°°"?'°""^'=""'S"rsents.<tc.. and  thereby 
fion^.  H?.,f.^^^'pff'°i'.  """l  overthrow  of  the  constitu- 
?  fnr.rl,^''^®  °/""' '^"."■edWiates;  and  on  the  principle 
Knmp/^p'^  acLS  constituting  distinct  ofien.ses,  were 
Jnr^it,^^^^,^'^™'"'''?  "^  prooi  of  intent,  these  subjects, 
loreign  to  the  main  issue,  have  been  put  in  evidence. 
hJ^Vl?P°,f^"^  ingenuity  can  these  foreign  matters 
be  used  to  the  prejudice  of  the  accu-cd.  He  liadsun- 
fn^hp  J'',kV"'^  object  of  introducing  them  was  to  bring 
.P^l,  ?,?  ,^'"=' '"  'Hesliapeof  sworn  testimony,  in;brma° 
tion  Ol  the  practices  of  the  Rebel  leaders,  o  which 
Hnnw  ?^"''■''""''*^',^'''  proceedings,  he  had  no  object 
t]?^\\,  '"'erpose.  Ilecould  not.  lora  moment,  suppose 
i  ?L''h°''-'*''="^  ^'^^  tomflame  prejudice  against  t  leac- 
wiu,  .-1  ^^'^'i"«e  o'  tl^eir  supposed  remote  connection 
wit  1  the  authors  of  all  these  evils,  and,  lor  want  of 
Thf  r^f  ^"^'^'"^••^•^  "^'"^^^^  "'em  the  scape  goats  lor  all 
wl''A''^'"'^""°u<='"es""P"'edtothel;ebel  ion;  toannihi- 
la  e  them,  to  hush  the  clamors  of  the  juibiii  lor  a  vic- 

fiepr'p^i"nr  m'^'^c'^'"'',,"'®  Nemesis  that  has  recorded  the 
secrets  of  the  feouthern  prison  houjcs,  or  the  deadly 
deeds  wrought  by  fire  and  pestilence.  ueauiy 

{nf'inHp;7,^'°  "I?  '®1"^  lieiore  the  Commission  he  had 
Iv  dP^PP  'i?,,^?;'^"'*'  Himself  to  a  simile  review  of  the 
evidence,  but  the  anomalous  character  of  the  chai-e   ' 
the  uncertainty  with  which  they  were  le.t  with  reTe- 

ana  the  geneml  course  ot  the    nvestigation  pursued 
admonished  him  that  he  should  present  some  le'al  ' 
considerations  at  least  of  a  general  chaiacler  °      I 

Assuming  (or  aigumeiit sake  that  the  court  has  1u- 
^LIhpV?"  ^?'-'^'  tlie  accused  upon  this  charge,  he  oro- 
tic UonL'i'T,"''  '"S  "?^''='"  ""'^  lihiitsoftn'atlliis.. 
aiction  and  the  mode  in  w h  eh  it  is  tobeevecuiel 

t.'^^Tn 'p'-Vf^'"'^  «™"-^'  reflections  I'p.,  i  the  cha  ac-: 
tor  01  the  olienses  set  forth  in  the  charge  and  siecilici 
tion,  as;  they  are  known  to  and  pui  siiabh.  bv  thee  v^ 
rnX,^*''''  "'"■"=  2"^'  proceeded  to  argue  how  LrTi  is 
arr"iT;"a^;e!."bftt.'.4't^fa:;:"^^  ''''^  ^'^  to  be  gSill'e'^ 

under  two  geneial  lieads.  viz.,  felonies  and  n  s7le- 
meanors,  and  proceeded  to  deal  with  the  o  e,tioi  ofl 
conspiracy  to  commit  a  felony  and  then  w  h  a  conipf- 
„n  ; h'."  commit  treason,  and  thence  proceeded  to  take 

Sf  a  mTt  vYl  v'.'u/p;,''''^-'''^"'''^^^"'^'''^^^^^^ 

rtr„?Jr      y  •.^"'^^'*  '"  'iconspiracy  who  shall  with- 

any  ac  doii'e  hv'.'hp"'';;!^'  '"^^  '^^  '^  ""'  responsible  or 
jec^s  m\liecoMspirlcy ''^"  '"  prosecution  of  th«  ob- 

w^re^p^esented' h';  '&:^P.^^'''  Points  in  this  connection 
tions  (rnm  If  ^*  H^'  ^o'!'.  ^vitli  a  hirge  array  ot  cita- 
tWbuna^s^ithfw'i''""'"'""^*-..  'i"''*^  question  how  <ar 


to  exaniine  the  evidence  so  far  as  was  matpriii  tn  hi, 
case,  and  c  aimed  in  b'sanalvsisofmooUha!  no  active 
design  against  the  life  of  the  President  was  on  (Vrnt  he 
t  ween  January  and  the  early  part  of  April  and  f-urther" 

niersal  l^ooth  was  contriv  ng  an  entirely  dinerpnt 
'  it' m  ■•,  Iht  ''■'''""'•^  ^'l''^  President  and  o  h-erl  ^  '"'"' 
and  tl  at  t  e  flvu'^A*''*  ^^''^  t."e  Project  was  abandoned, 
anu  that  the  abandonment  13  fixed  by  lactsre'errp.l  in 
by  Booth,  to  wit-the  delection  of' sonA  of  the  ninies 
the  sale  ot  horses,  &c:  and  that  the  date  is  ascertal.  ed 

c?e   r"thluf'V  n^.""'  ""^  '!'""'"'  -^' M^'rVh.''Novv?V  "f 
Clear  that  if  any  connection    s  shown  between    Hnnth 

l't'ev,"s?p';r'"n.'  '^'.'^  fJ'^^ugtilin  and  A^i'o  d  o"  U  eoiTer 
ect  of  can  ;?rp"w"'^"''^  J"^'*,^''  ^^■"'■"  "'^  '^'^surd  ro^ 
th  it  The  r  fiffni  'i'J  asitaie.l,  and  terminated  with 
i.na[.  liieir  fiUul  stay  in  Washington  wis  milv  hp 
."•een  February  lO  and  March  is  By  2r  fo  dS' c.ml 
es^slon  It  would  appear  that  if  he  i.s  m/t  mistaken 
Mifcif  to  "cf/i;i^"A°''^  "^^■''""S  about  tiie?™;%';- 
feViU  wxs^hP  ^^n'*'''  i'^an  of  capture;  but  so  imma- 

ril^^^^'^S^l:'^  "^  number-besides"B'o'oth°'[j^a!r! 

O'ton'.'hr""'''''"^/^''  scheme  fell  through,  and  he  and 
Sr»,m°  "'I  'n'"''^d'"tely  afterwards  le.t  lb  •  Baltimo  e. 
him  •  anrt^nf  "^)  •  '^  might  sell  the  arms  he  had  givet^ 
him,  and  in  fact  it  is  proved  that  he  gave  oart  <jl  theTn 
away  shortly  alter  this.  Hisooniession  as  to  o'liiugl?- 
pro  es  nothing  but  his  presence  at  this  siiiglemeet- 
connect  on  v^ia.  {,^M'e«inhi"S  and  end  t,f  nfe" 
o?  a  nwuip^  'J.i,-^''""'  '"  iiijy. scheme  whatever 
denr  t  nV  ht  Character,  and  in  this  it  is  evi- 
dent that  he  vvas  the  arch  contriver  and  they 
the     dupes;    and  when   thev  hade, caned  his  infln. 

tele'Vanlled'"  nn  r''''  '^^■"''^"'V  clung  t'oTis  des'gii" md 

telegraphed,  and    wrote,    and    called    to   see   them 

I  IS  evident  that  they  reiused  to  heed  the  voice  ol 

o'f  au'mJnT  '•C'arni  he  never  so  wisely!"     Fiom 

ULaughlin  he  received  no  re,pon.se  at  all:  from  Ar- 

110  d  only  the  letter  offered  in  evidence.    Tli?re  aie 

'ei    wai'o!'?hp"  ""''^tter  which  look  to  a  continued 

renew aloi  their  re.ations  in  the  future,  but  thev  were 

Ce'iVai'i'lv  an  'ronV'}^  m'Ponunities  lor  ilie  p're^ent! 

nfp,         •   ""'  'Ohnection  ceased  Irom   that  time.    If 

theielore,   any  consjiiracy  at  ail    be  proved    bv   the 

t  w.tVnV'""''  "f  'evidence  against  these  two  accused! 

ce  ved   I  ii'^^p"/,'""'"-'''^'^-  s"l"Jorn  scheme,  scarce  con^ 

ce.\ed   befure  it  was  abandoned;  oi  a  nature  wholjv 

diherent  from  the  offense  described  in  tliis  charge  the 

proo.  ot  which  does  notsustain  thisc.iarge.and  orwhich 

hfs  ronrM'-';^"""  "?'  ^'i  convicted  upon'-this  trial     l\.r 

V  1  K  in  n,i    .^'"""^''y  the  rules  of  evidence  which  pre- 

thp  Mr  V  r"^^'  ""^  one  Ol  the  most  important  is  that 

theprooi  must  correspond  with  the  cliar-'e  of  ind  cr 

Utied  to'^'nr  !""  ''h""  ''^''"''-  or  tae"l2cu"ea  1.^  M> 
lecw  th^  sp',  i'''"'  '"""^  >"^'"^  '«  °"  evidence  which  cou- 
iM?iAi  .^-^^  ^^"  ^'-■cused  with  that  dreadiul  conspiracy 
Which  lorms  the  subject  oi  this  charge,  'i  liere  is  nota- 
B,^,  h  'J'';^"''''  '^"'"'"^  "^^"-  brief  intercourse  with 
ti  el  Ir  ^)'"''*",'"'''|-"'-  '"•^'  nelarious  design  was  agN 
t.uedatall  certainly  none  that  it  was  evi°-  disclosed 
to  tuem.  And  if  such  conspiracy  had  an  v  ex  -tence  it 
was  in  a  state  of  slumbered  suspense,  awlaiin^  that 
sanction  without  which  it  had  uoVotiVe?enti;  Sim  or 

w'er'e-esubuZ'drv'Tz'-'^^'  ''"'  ^'^"°^^'"^°  conclusions 
n'^i'.yn^.;^,'^'^'/"?''''^'^"^^'''  Samuel  Arnold  and  Michael 
t  hi'^  °  '""•  '""^  "°  ^'""^  whatever  in  the  execution  of 
canons  """''''^'^''''"■"''  "'  'iii«  charge  and  itsspecifi- 

n^v''"n',Pur?M'  K^'^y  "■«■'■•'  implicated  in  s-ch  conspi- 

Siy'^.e^j^ilr:::rzi";-tli::^'^;;:?^!i^i^i-^;,il?i:i' 
s[;;?Jv;f/;u^s;iroi'ii^'^'-^"^-^--'^^-''-~^^ 

imfllSltfgt,^i--l:^?;f!:;^!,«'^-™f;^entevic^ 

^:i,S- cf;:^^!!''*^'-  ^-^-g'^i'"  or  A^oidi^\i^ 

I'ourth.  'Ihatifihereisany  evidence  against  them 
ofanyconspir.icy.  it  is  oi  one  who.lv  dHle leiit  iroS 

hese  thevmn"}  'i'""  ""^r^y?"  '^'"^  sP'^-'Woation  and  upoS 
tuese  they  must  be  whollv  acquitted 

He  therel.ne  claimed  fol-  iheni  an"  absolute  and  un- 
qualihed  acquittal.  That  the  accused  Were  wron^  ja 
everjoiu,ngti,ei:ebellioii  a.^ainst  their  (  uve,  me  a 
no  one  wul  deny.  But  it  would  be  to  insult  the  leTli- 
gence  oi  this  Court  to  waste  time  in  sh,,w  iv'  that  UiiJ 
Court  are  not  siKiiig  in  judgmeiuon   a.l  lue  e, "'ora  in 

he  lives  Ol  these  accused,  but  to  decide  thesingVeuues- 
tion,  whether  they  are  guilty  ot  cousiuriug  "  kfl  ml 
murder  he  President,  Vice  President /Vecre  ary  of 
huueand  the  General  in  command  of  the  arm  esoi  the 
Lnuedbtates.andof  the  acts  charged  agai  st  ?hem 
severally  in  pur  uance  of  .said  con.sniracv 
if  fi'J'vV,""!"'  '^^Journed  till  to-mo.-row  aitVrnoon,  when 
oU%rs>rirb'ir"e';?d".'"""'  "*  tbecaseolbpangleraaa 
to'l?'^'''^-  "i^^eday  Mrs.  Surrattwas  compelled  to  be 
taken  Irom  the  Court-room,  owing  to   slvere   sickt 


TRIAL   OF   THE   ASSASSINS    AT  WASHINGTON. 


ICT 


Washington,  June  20.— The  Court  met  at  2  o'clock, 
When  Mr.  Ewing  read  Lis  argument  in  lavor  of  the 
accused,  Edward  Spangler,  reviewing  at  Icngtli  all  the 
testimony  bearing  upon  the  particular  case  filed. 
Spangler,  it  had  been  shown,  seemed  to  have  a  great 
admiration  lor  Booth,  who  e.xcelled  in  all  the  manly 
sports,  and  witnesses  had  also  testified  that  Spaiigler's 
character  was  that  of  a  peacUul,  good-natured,  kind 
and  harmless  man.  Spangler  was  the  drudge  lor  Booth, 
sometimes  taking  care  and  leeding  the  latter's  horse. 
Booth,  out  ol  court es.y,  had  access  to  thetheatre  when- 
ever it  was  open.  In  calling  attention  to  the  relations 
between  Spangler  and  Booth,  Mr.  Ewmg  desired  to 
mark  the  lact  that  in  all  the  testimony  as  to  the  hit- 
ter's meetings,  associations  and  acts  done  and  things 
said,  there  was  not  the  slightest  indication  tuat  Spang- 
ler ever  met  Booth  except  in  tlie  theatre,  and  there 
was  nothing  to  show  that  Spangler  had  any  intima- 
tion of  Booth's  purpose,  or  even  innocently  helped 
him  to  effect  it. 

It  appeared  from  the  testimony  for  the  prosecution 
that  tliere  wore  lound  in  Spangler's  carpet-bag  a  rope 
eighty-one  ieet  long,  some  letter  paper  and  a  shirt 
collar.  It  was  shown  that  just  such  ropes  were  Uied 
at  the  theatre  lor  loisting  borders  to  scenes,  hauling  up 
timber  to  the  top  dressing  rooms,  etc.  This  rope  liad 
been  produced  by  the  Cjovernraent  as  proot  against 
Spangler,  but  irora  the  testimony  of  persons  employed 
in  the  theatre  ii  appeared  that  spangler  stole  the  rope 
for  a  crab-line.  In  the  devilish  scaenie  of  Booth  this 
rope  ceridinly  was  not  to  he  used  as  a  laiiat  or  a  halter. 
If  it  was  intended  lor  such  a  purpose  it  would  have 
been  kept  at  tne  theatre,  and  not  at  his  boarding  house 
In  a  caroet-bas. 

Mr.  Ewing  was  not  bound  to  show  what  Sjianglpr 
Was  goin^  to  do  with  tlie  shirt  collar  sind  letter  paper. 

Theciunsel  next  examined  the  testimony  in  relation 
to  the  box  occupied  by  the  late  President,  reluting  by 
a  reference  to  tue  evidence  things  which  had  beensaid 
concerning  Spangler  in  that  connection.  The  acts  of 
preparation  lor  the  assassination  were  performed  by 
Booth  hinisell,  when  he  had  iireviously  occupied  the 
same  bo.\.  If  Booth  had  a  conlederate  in  Spangler, 
the  boring  of  the  hole  in  the  door  and  the  door  brace 
would  have  been  made  with  Spansler's  carpenter 
tools.  The  hole  had  first,  been  bored  with  a  gimlet  and 
then  enlafgetl  with  apenknile;  these  acts  of  prepara- 
tion were  mire  drudgery,  which  Spangler  would  have 
been  called  upon  to  do  if  he  had  been  in  conspiracy 
with  Booth.  Tliat  Booth  did  both  and  Spangler 
neither,  showed  thatSpangler  was  not  in  the  plot  when 
the  )jrei)arations  were  made.  Mr.  Ewing  a  luded  to 
the  testimony  that  Booth  came  to  tlie  bacic  of  tlie 
theatre  at  nine  o'clock  on  the  night  of  the  Ulh  of  April, 
and  said.  "Ned,  you  help  me  all  you  can'?  to  wuich 
Spangler  is  represented  as  answering,  'Oh,  yes!" 

This  testimony  was  contradicted  by  the  responsible 
utility  man  and  other  witnesses.  But  grant  that 
Spangler  did  make  the  reply,  it  must  have  been  in  a 
loud  tone  to  be  heard  by  tiie  witness.  As  there  was  no 
previous  testimony  showing  the  slightest  act  of  ar- 
rangement ol  conspiracy  on  the  pari  of  bpangler,  the 
reply  01  fcipangler  should  be  treated  as  nothing  but  the 
reply  of  a  drudge  to  his  superior  and  not  Ivnowing  the 
intent  of  the  question.  Ii  Spanglerwas  to  have  helped 
Booth,  lie  would  have  got  a  substitute  to  shove  the 
scenes,  and  alter  tlie  pistol  shot  to  have  opened  the 
door  for  the  escape  of  the  assassin.  If«paiigler  had 
beeu  in  league  with  Booth,  would  he,  as  has  been  testi- 
fied, have  stood  motionless  and  leave  Booth  to  the 
hazard  ot  flight  unaided?  And  would  Spangler  him- 
self have  run  for  water  alter  he  lieard  that  somebody 
had  been  shot'.'  If  Booth  made  use  of  that  language 
to  bpan^jler  and  .Siiangler  thus  replied,  the  latter  i:ould 
have  known  nothing  of  a  criminal  purpose.  Ii  Spang- 
ler had  any  spe.'ilic  uart  to  play,  it  was  to  hold  Booth's 
horse.  He  lailed  to  do  that  and  remained  on  the  stage. 
The  evidence  did  not  show  that  he  was  a  party  to  the 
crime.  Bootli  came  to  tne  liouse  with  his  liorse  but 
once  that  night,  and  thus  Booth  could  have  had  no 
previous  opportnniiy  to  communicate  witli  him.  that 
niglit.  Weichman  s  testimony  Is  unsu|)ported  by  the 
other  evidence  and  is  inconsistent  with  it.  Tne  lact 
that  Booth  knocked  tue  horse  holder  down  on  emerg- 
ing from  the  thoixtre  shows  that  Booth,  who  naturally 
supposed  it  was  Spangler  he  was  thus  striking,  had  no 
complicity  with  Spangler.  Booth  thuughc  it  was 
Spang. er,  and  not  "Peanuts,"  who  held  his  horse,  ibi 
Booth  had  just  rushed  out  from  the  glare  of  gaslight 
into  the  darkness.  Another  item  was  produced  to 
show  that  .Span-;ler  knew  of  Booth's  purposes.    Ser 

f;eant  Dye  testiiied  as  to  seeing  a  roughly  dressed  man 
n  front  of  the  theatre  with  whom  Booth  wlii.spered 
before  entering  the  theatre  and  previous  to  thea^sasi- 
nation  of  tlie  President.  This  man,  it  was  said,  had  a 
bl.ack  moustache,  but  it  had  beeu  proven  thatSpangler 
on  that  uighl  wore  no  such  moustache.  If  he  had  been 
In  Iront  of  the  theatre  with  a  black  moustache,  red  as 
his  hair  is,  the  visitors  to  the  theatre  would  have  liad 
their  attention  drawn  to  his  grotesque  appearance. 


Spangler  could  not  have  been  absent  from  the  sta  e 
from  iwenty-five  to  thirty  minutes  iiast  nine  to  ten 
minutes  past  ten  without  being  missed,  for  It  was  his 
business  to  shove  the  scenes.  He  could  not  have  been 
absent  three  Quarters  ol  an  hour  without  attracting  at- 
tention, and  analihi  was  clearlv  proved  he  was  not 
only  not  in  front  of  the  thP9ifie,  but,  at  hall-p;ist  nine 
o  clock,  was  opijosite  ths  door  at  which  the  murderer 
escaped,  and  least  nble  to  help  the  villians  (light. 
Snaugler  was  on  the  stage  fir  an  hour  up  to  the  time 
of  the  assassination.  Having  presented  all  the  evi- 
dence bearing  upon  the  acts  done  and  words  spoken 
by  Spangler  up  to  that  time,  Mr.  Ewing  proceeded  to 
discuss  his  conduct  until  his  arrest,  on  the  l7th  of 
April,  at  his  boarding  house,  where  he  had  lived  lor 
hveors'x  months,  during  tlie  three  davs  and  nights 
intervening  between  the  assassination  and  the  arrest 
nothing  was  done  by  Kpangler  which  did  not  indicate 

,  a  conscious  sense  of  innocence. 

'  He  felt  confident  in  the  assertion  that  Booth  had  no  ac- 
complice. He  did  not  need  any.  Bo(/th  liad  pi  yed  at 
that  theatre,  and  by  courtesy  had  tree  adiiiittance; 
therefore  he  bad  made  his  own  preparaiions.  The 
leap  Irom  the  box  to  the  stage  was  one  which  might 
have  been  made  by  any  man  vviih  safety.    Had  not 

I  his  spur  caught  in  the  hag  Booth  would  have  made  the 
leap  with  ease.  The  counsel  was  conlident  that  Booth 
needed  no  help,  but  some  one  to  hold  his  horse,  which 
"Peanut  John"  did-  and  he  opened  and  siiut  the  d..or 
for  himself.    It  appeared  from  the  testimon    of  INIr. 

I  Hess,  the  manager  ot  a  rival  theatre,  that  Booth  in- 
quired particularly  of  him  whether  tirover's  theatre 
was  to  he  illuminated,  and  whether  the  President  was 
Invited  on  the  occasion.  From  the  testimony  as  to 
Booth's  inquiries  it  seems  clear  that  the  assassination 
of  the  President  would  have  been  attempted  at  Gro- 
ver's  theatre  had  the  President  attended  that  house  6a 
the  night  of  the  illumination. 

I      Mr.  Ewiiig  e.xamined  at  length  other  parts  of  the 

I  testimony,    and  concluded   by  saying  he  could  see  in 

j  the  evidence  no  such  suspicion  as  would  induce  a 
grand  jury  to  present  Spangler    <or   trial,  and  he  be- 

I  lieved  a  candid    review   of  the  entire  subject  would 

,  leave  in  the  minds  ot  but  very  lew  a  reasonable  doubt 

I  of  his  innucence. 

Colonel  lioscer  stated  that  he  would  be  prepared  to 
read  the  argument  lor  Payne  to-morrow. 

tieneral  Howe  said  that  the  Court  has  already  ex- 
tended the  lime  for  the  arguments.  If  they  were  all 
not  present  to-morrow  let  the  remainder  be  lijed.  With 
these  delays  they  might  not  get  through  till  autumn. 

Generel  AiUeu  said  he  was  willing  to  grant  all  the 
time  the  counsel  asked  to  prepare  ilieir  arguments  oq 
subjects  of  this  importance. 

Cianeral  Hunter  said  the  testimony  was  verv  volu- 
minous. 

Mr.  Ewing  remarked  the  labor  of  preparation  was 
greater  than  was  supposed;  U  would  be  out  of  his 
power  to  prepare  Ur.  Mudd's  defense  beiore  Friday  as 
there  were  two  hundred  and  fifty  pages  of  evidence  In 
that  case. 

The  Court  voted  to  grant  an  extension  of  time  for  the 
prejiaration  of  the  remaining  arguments,  and  then 
adjourned  till  noon  to-morrow. 


Washington,  June  21.— Court  being  called  to  order 
Mr.  Doster,  counsel  for  Payne  and  Atzerolh,  proceeded 
to  read  his  argument  in  behalf  of  Payne.  There  are 
three  things,  he  said,  in  the  case  of  the  prisoner  Payne, 
which  are  admitted  beyond  cavil  or  dispute:— 

1st.  That  he  is  the  person  who  attempted  to  take  the 
lite  of  the  Secretary  of  State. 

•2d.  That  he  is  not  within  the  medical  definition  of  in- 
sanity. 

3d,  That  he  believed  what  he  was  doing  was  right 
and  justifiable. 

The  questions  as  to  his  identity  and  sanit.v  are  there- 
fore settled,  and  among  the  things  of  the  past,  and  the 
sole  remaining  question  is,  "  How  far  shall  liis  convic- 
tions serve  to  mitigate  his  punishment'?"  He  used  the 
word  punishment  deliberately,  and  with  theconsclous- 
ness  that  in  so  doing  he  admitted  that  if  the  prisoner 
is  a  responsible  being,  he  ought  to  be  punished,  and 
he  said  it  because  he  could  not  allow  h  s  duties  aa 
counsel  to  interfere  with  his  convictions  as  a 
man  so  far  as  to  make  him  blind  to  the  worth 
of  the  life  of  a  distinguishea  citizen,  and  to  the  awful 
consequences  of  an  attempt  to  take  it  away.  I.,  in- 
deed, such  an  attempt  should  be  allowed  to  go  without 
rebuke,  then  it  seemed  to  him  the  olliee  is  but  a  peril- 
ous exposure  to  violence,  the  highest  compensation 
lor  public  service  is  the  distinction  whici  follows 
assassination,  and  then  our  public  servants  aie  but 
jiitiable  and  defenseless  oU'erings  to  sedition; 
and  surely  if  any  public  servant  deserved  to  be 
excepted  Irom  that  fate  it  was  the  illustrious  and 
sagacious  statesman  who,  duringa  long  life  of  arduous 
service,  lias  steadiastly  checked  all  manner  of  faction 
and  public  di'=content;  wlio.  in  the  darkest  days  of  dis- 
cord, has  prophesied  the  triumph  of  concord.  a:;d  who 
at  all  times  has  been  more  ready  to  apply  antidotes 
than  the  knife  to  the  nation's  wounds.  That  we  may 
accurately  and  as  fully  as  the  occasion  demands  un- 


l68 


TRIAL   OF  THE   ASSASSINS   AT    WASHINGTON. 


derstand  tbe  convictions  of  the  prisoner,  the  counsel 
proceeds  to  give  a  sketch  of  his  liie,  the  customs  under 
which  he  was  reared,  and  the  education  which  be  re- 
ceived. 

Lewis  Payne  Powell  is  the  son  of  Rev.  George  C 
Powell,  a  Baptist  minister,  at  present  supposed  to  live 
at  Live  Oak  t^tation,  on  the  railroad  between  Jackson- 
ville and  Tallahassee,  in  tbe  State  of  Florida,  and  was 
born  in  Alabama,  in  the  year  1845.  Besides  himself  bis 
lather  liad  six  daughters  and  two  sons.  He  lived  for 
some  time  in  Worth  andStewartcounties.Georgia.and 
in  1S.">9  moved  to  Florida.  At  the  breaking  out  oi  the 
war.  but  four  years  ago.  the  prisoner  was  a  lad  of  six- 
teen engaged  in  superintending  bis  lather's  plantation 
and  a  number  of  slaves. 

We  may  safely  presume  that,  occupied  in  the  inno- 
cent pursuits  ofcountry  lile,  he  daiiy  beard  tlie  pre- 
cepts of  the  Gospel  from  his  father,  and  that  in  the 
sucietyof  his  sisters  the  hardy  hie  of  a  planter  was 
softened  by  the  charms  of  a  reKned  and  religious  cir- 
cle, and  that  in  the  natural  course  of  events  be  would 
be  to-dav  as  be  was  then,  a  farmer  and  an  honest  man. 
But  in  ISGl  war  broke  out— war,  tbe  scourge  and  pesti- 
lence of  tlie  race.  Tlie  signal,  which  spread  like  a  fire, 
was  not  long  in  reaching  Live  Oak  Station. 

His  two  brothers  enlisted,  and  Lewis,  though  but 
sixteen,  enlisted  in  Ca[)taiu  Stuart's  Compauy.  in  the 
Second  Florida  Infantry,  commanded  by  Colonel 
"Ward,  and  was  ordered  to  llicbmond.  Mr.  Loster 
proceeded  to  consider  what,  in  tlie  eyes  of  this  Florida 
boy,  was  the  meaning  of  the  war,  and  wliat  tbe 
thoughts  that  drove  bim  from  a  pleasant  home  to  tbe 
field  of  arms. 

The  Counsel  pictured  in  vivid  language,  the  auspices 
tinder  which  Powell  was  trained  in  a  slave  commu- 
nity, wliere  it  was  the  custom  to  defend  the  institution 
of  slavery  in  meeting-bouses,  at  political  gatherings, 
and  in  family  prayers,  where  it  was  the  pr.acticeto 
whip  and  burn  men  who  preached  agamst  the  institu- 
tion, and  to  hunt  fugitives  with  bloodhounds,  and  also 
those  who  helped  them  to  freedom.  In  the  eyes  of 
the  lad  tbe  war  meant  to  abolish  this  custom  and  up- 
heave socieiy  from  its  foundations.  His  inheritance 
was  to  be  dissipated,  his  vassals  equal,  his  laws  in- 
vaded, his  religion  conibunded,  his  politics  a  heresy. 
For  this  tbe  lad  was  going  to  fight;  in  the  defense  of  a 
social  system.  He  was  going  to  fi«rht  in  behalf  of  the 
traditional  precept  of  the  State— to  defend  State  rights. 
For  a  third  reason,  he  was  going  to  tight  to  show  that 
■  he  was  a  better  man  than  the  Northerners,  under  the 
deep  conviction  prevailing  in  his  section  that  their 
blocd  and  breeding  was  better  than  that  of  Nortli- 
erners.  The  fourth  reason  was  to  repel  invasion. 
These  were  bis  incentives.  But  be  had  been  schooled 
and  trained  to  war  by  the  bowie-kni.e  and  pistol  code 
onhonor  prevalent  there. 

The  counsel  asks  whether  in  the  wide  world  there  is 
another  school  in  which  the  priso:ier  conUl  so  well 
have  been  trained  for  assassination  as  in  this  slave  au- 
tocracy? Mr.  Doster  proceeds  to  argue  that  in  this 
prisoner  is  to  be  lound  the  legitimate  moral  ofTspring 
of  slavery.  State  Rights,  chivalry  and  delusion,  and 
then  goes  on  to  inquire  if  we,  as  the  American  i  eople, 
are  not  responsible  lor  the  wicked  school  in  which  he 
was  educated,  and  if  we  will  determine  to  destroy 
hira  because  he  learned  but  as  we  instructed. 
But  there  is  another  school  before  him;  the  school 
of  war  at  Richmond.  His  regiment  joined  the  army 
of  General  Lee,  and  was  joined  to  A.  P.  Hills  Corps. 
With  it  he  passed  through  the  Peninsula  campaign 
and  tlie  battles  of  Cbancellorsville  and  Antietam. 
Here  he  heard  that  his  two  brothers  had  been  killed 
at  the  battle  of  Murfreesboro'.  Finally,  on  thel^dof 
July,  18G3,  in  tbe  charge  upon  tbe  Federal  centre  at 
Gettysburg,  be  was  wounded,  taken  prisoner,  and  de- 
tailed as  a  nurse  in  a  Pennsylvania  Hospital,  The  de- 
moralizing effect  of  bis  two  years' campaigning  as  a 
private  in  the  army,  which  he  entered  as  a  boy  of  six- 
teen, is  shown. 

He  is  one  of  that  army  who  made  baskets  and  cups 
out  of  the  bones  of  Union  soldiers,  who  starved  their 
prisoners,  who  plundered  the  dead,  who  slew  men 
after  surrender,  and  who  were  commanded  by  officers 
who  bad  violated  their  oaths  to  the  United  Stales;  an 
army  that  believed  any  means  justifiable  that  helped 
the  cause  of  Snutbern  independence;  and,  finally,  an 
army  that  held  the  person  and  Cabinet  of  the  Presi- 
dent ot  the  United  States  in  holy  execration. 

This  is  the  horrible  demoralization  of  civil  war.  and 
on  those  responsible  for  this  war  should  rest  the  re- 
sponsibility of  the  acts  of  this  plastic  boy,  who  came 
into  tlie  world  in  the  year  of  the  annexation  of  Texas, 
lias  lived  but  four  administrations,  and  is  younger 
than  the  la-st  compromise  with  slavery.  He  is  tlii> 
moral  product  of  the  war,  and  belongs  to  those  who 
first  begun  it.  How  does  hediflfer  Irom'the  other  Rebel 
soldiers? 

The  best  Rebel  soldiers  have  fired  at  Mr.  Lincoln 
and  Mr.  Seward;  have  aiiproacbed  the  city  by  stealth 
from  Baltimore,  and  aimed  to  destroy  the  Government 
by  a  sudden  blow;  so  did  he.  The  best  Rebel  soldiers 
have  picked  off  high  oIKcers  of  the  Government- 
Kearney.  Stevens.  Baker,  Wadsworth,  Lyon,  Sedg- 
wick; so  did  he.  What,  then,  has  he  done  "that  every 
Rebel  soldier  has  not  tried  to  do? 
Ouiy  this;  he  baa  ventured  more,  he  has  shown  a 


higher  courage  and  a  better  hate;  a  more  ready  sacri- 
fice. He  has  aimed  at  the  head  of  a  Di'partruent  in- 
stead of  the  head  of  a  Corps.  Tons  the  Presidentap- 
peared  as  the  savior  of  a  nation  from  civil  war,  and 
Mr.  Seward  as  the  great  pacificator,  the  savior  Irom 
loreigu  war.  But  to  this  boy,  and  five  millionsof  his 
fellow  countrymen,  the  one  appeared  as  a  usurper, 
invader  and  violator  of  laws,  and  destroyer  of  life, 
liberty  and  property.  The  other  as  an  adviser  in  op-, 
pression  and  a  slippery  advocate  of  an  irrepressible 
conllict.  He  diflered  from  the  Southern  army  simply 
because  be  surpassed  it  in  courage,  and  he  diflered 
Irom  a  patriot  and  martyr  simply  because  he  was  mis- 
taken in  bis  duty. 

But  there  is  a  third  school  before  him.  From  Gettys- 
burg he  was  sent  to  West's  Buildings  Hospital.  Pratt 
street,  Baltimore,  and  remained  until  October,  18i;3, 
when,  seeing  no  hope  of  e.\clianae,  be  deserted  with 
a  view  to  rt-join  his  regiment.  Not  being  able  to  get 
through  our  lines,  be  joined  a  regiment  of  cavalry 
at  Fauquier,  and  remained  in  that  service  until 
January  6,  ISfio.  On  that  day,  as  we  see  by  the 
narrative  of  Mrs.  Grant,  he  saved  tbelivesot  two  Union 
soldiers.  About  the  same  time  he,  like  many  other 
Southern  soldiers,  began  to  despair  of  the  Conlede- 
racy,  came  to  Alexandria,  sold  bis  horse,  gave  his 
name  as  Payne,  took  the  oath  ot  allegiance  as  a  re- 
fugee from  Fauquier,  and  went  to  Baltimore  and  took 
a  room  at  tbe  house  ot  Mrs.  Branson,  the  lady  he  had 
met  at  Gettysburg,  and  resolved  to  wait  lor  tbe  return 
of  peace.  In  this  third  school,  the  Rebel  cavalry  ser- 
vice, he  received  further  damaging  training,  and 
amongst  the  people  of  Loudon  and  Faucuier,  who  had 
suffered  most  from  the  war,  gained  an  added  acri- 
mony and  hate  for  those  deemed  their  oppressors.  But 
there  is  a  fourth  school  before  him,  the  school  of  ne- 
cessit.v. 

He  was  in  Baltimore  without  trade  or  profession. 
He  was  unused  to  manual  labor,  in  perplexity  about 
his  future,  for  the  little  money  he  got  for  his  horse  was 
fast  going.  He  whiled  away  the  time  in  reading  medi- 
cal works  and  brooding  in  his  chamber.  Wliile  in 
this  condition,  the  fracas  occurred  at  bis  baaraing 
house,  by  which  he  was  arrested,  brought  before  the 
Provost  Marshal  and  ordered  north  ot  Philadelphia. 
Everj'where  the  sky  is  dark  to  him.  He  is  proscribed 
amonust  Northern  men  as  a  Rebel,  despised  amongst 
Southern  men  iu  Baltimore  as  a  recreant  Southerner, 
and  a  by-word  among  Southern  men  at  home  as  a 
deserter.  Penniless  and  friendless,  the  earth  seems  to 
reject  him  and  God  and  man  lo  ba  against  him.  This 
is  the  work  of  civil  w;;r.  His  education  is  now  com- 
pleted. Slavery  has  taughi,  him  to  wiiik  at  murder. 
The  Southern  army  has  tauglithim  to  practice  and  jus- 
tily  murder.  Guerrilla  wariare  has  taught  him  to  love 
murder.  Necessity  has  taught  bim  resolution  to  com- 
mit murder.  He  needs  no  further  education;  his  lour 
terms  are  complete,  and  begraduates  an  assassin.  And 
of  this  college  we  tbe  reunited  people  of  tbe  United 
States  have  been  the  stern  tutors. guides  and  professors. 
It  needs  now  only  that  some  one  should  employ  him. 
At  the  beginning  of  the  war  Pow-ell  one  nigut  went  to 
the  theatre  at  Richmond;  it  was  the  first  play  that 
Puwell  ever  saw,  and  he  wassiaell-bound  with  the  ma- 
gical inUuence  of  the  stage,  but  was  chiellj- attracted 
bv  the  voice  and  manner  of  one  of  the  actors— J. 
\Vilkes  Booth. 

Although  only  a  private  soldier,  Powell  considered 
himself  tne  equal  nf  any  man,  and,  after  the  play  was 
over,  sought  and  gained  an  introduction  to  the  actor. 
Never  were  two  natures  thrown  together  so  dillerent 
yet  so  well  calculated  to  rule  the  other  and  be  ruled. 
The  soldier  was  tall,  awkward,  rougli,  frank,  generous 
and  illiterate.  The  actor  was  of  delicate  mould,  po- 
lished, graceful,  subtle,  with  a  brilliant  lancy  and  an 
abundant  stock  of  reading.  They  saw  enough  of  one 
another  to  form  a  close  intir.iacy.  suflicient  to  com- 
plete the  control  of  Booth  over  the  prisoner,  and 
parted  not  to  meet  for  nearly  four  years.  In  the  twi- 
light of  that  memorable  day  in  March  just  depicted, 
Powell  Was  dragging  himself  slowly  alon ,'  the  street 
past  Baruums  Hotel,  a  poor  creature,  overcome  by 
destiny.  Suddenly  a  familiar  voice  hailed  bim.  Look- 
ing up  the  steps,  he  saw  the  face  ot  the  Richmond 
actor.  Tbe  actor,  on  his  side,  expressed  astonishment 
to  find  Powell  in  such  a  plight. 

Powell  answered  him  iu  lew  words— "Booth.  I  want 
fi  od;  I  am  starving."  Under  other  circumstances 
Booth  might  have  given  him  bread,  but  hewiislilled 
with  a  mighty  scheme,  lor  he  had  just  come  Irom  Ca- 
nada, and  was  lying  in  wait  lor  agents.  He  seized 
witli  eagerness  the  poor  man's  hunger  to  wind  about 
him  his  toils,  saying,  "I  will  give  you  as  much  money 
as  vou  want,  but  you  must  swear  to  stick  by  me;  it  is 
in  ilie  oil  business."  A  hungrystomaciiis  not  cautious 
of  oaths,  and  Powell  then  sW'Ore  that  latal  oath  bind- 
ing liis  soul  as  firmly  to  Booth  as  Faust  to  Mephisto- 
pbiles,  and  went  in  and  fe.asted.  Next  morning  Booth 
gave  him  money  enough  to  buy  a  change  of  clothing 
and  keep  him  for  a  week. 

Powell  now  gruw  anxious  to  know  what  plan  it  was 
that  was  to  make  him  rich,  but  Booth  answered  eva- 
sively that  it  was  in  the  ''oil  business."  He  knew  well 
enough  tliat  he  had  to  do  with  a  desperate  man,  but  he 
knew  also  that  any  propoaitiou  ol  a  guilty  cliaracter 
might  as  yet  be  rejected. 


TRIAL   OP   THE   ASSASSINS    AT  WASHINGTON. 


TRIAL   OF   THE   ASSASSINS   AT  WASHINGTON. 


169 


Mr  Doster  proceeded  to  describe  and  narrato  in  ani- 
rnaied  lan;-ua^e  the  manner  in  wbicli  Booth,  step  by 
step,  worlved  oil  tlie  mind  ol  his  victim,  depicting  to 
the  prisoner  me  vvrongs  ui  tliu  Sout.i  and  iiiogu  itof 
her  oppressors,  and  wrought  iaui  up  to  a  pitch  ot 
pnrensied  passion  loaveu-iy  Uie  wrongs  ol  liis  country 
and  set  hiniseli  right  with  liis  (■(.niiurympn.  wlin'ile- 
spised  him  as  a  recreant.  Booth  saw  his  victim  wa; 
ready,  and  hastened  to  iaipart  his  myst  mhjus  pians. 

Tlie  plan  was  tj  go  t )  Was  iin.;toii,  talvearuio  with 
con.ederates  on  lior  eijacic  to  the  Sol.liers  iluiue,  cap- 
ture ilie  President  and  deliver  liim  to  tnu  l!e  ^el 
aulhoriiies.  On  ilie  evenui,  o,  tiie  l4iliof  April,  at  8 
o'ciOLk.  iidotli  ttld  him  the  hour  had  siruv.iv.  ))  aced 
in  his  hands  the  knile,  the  r^'vo  v.t  and  tlie  ho, us 
pacliage  oi  uiediciae,  and  told  him  to  do  iiis  du.y, 
and  gave  him  ahiirse,  wich  d  reet.ous  lo  meet  him  at 
the  Auacosla  Bridjje:  and  lie  wmi  and  did  the  deed. 

Said  j\lr.  Dostur.— I  have  asU^  d  him  why  he  did  it. 
Hii  only  answer  is,  "bk'caustt  1  bellevud  it  my  duty." 
•  Mr.  Duster  argued  that  Payne  at.  toe  time  he  coui- 
mitted  this  deed  had  uo  will  of  his  own,  but  had  sur- 
rendered hii  WiU  comp.eteiy  to  Boo. li.  utiaer  tiiat  in- 
tluenco,  tliat  complete  supremacy  of  one  mind  over 
aiiotiier.  that  has  gone  b.'  vaiious  uaiuus  anioiigso 
various  naiioin,  and  which  we  Cill  '•inesniensui.  ' 
Booth  Was  a  person  peculiarly  gi.ied  with  this  un- 
accouiuabie  iiiUuence,  and  tne  prisoner  was  lurthe 
held  to  BooUi  by  llie  ties  ot  gratitude,  by  his  oaih,  by 
ties  ot  interest,  and  by  ties  of  synipatiiv  in  a  commoa 
cause.  Hence  the  ex iilanaiion  wuy,  when  iii.ornied  oi 
Boom's  plans,  lie  did  not  in  orm  the  anthoritifis  and 
breakaway  Irom  Boniii.  Mr.  Jjcjstur  drew  adisiinc- 
tiou  betwei^n  t  le  hired  assass.n  who  liills  lor  gold,  and 
the  lanalical  assassin  who  decerns  u  hij  duly  to  oiler 
up  his  own  Ine  in  e.vcliange  lor  tlie  life  he  believes  to 
be  a  pub  iC  enemy,  and  contended  that  Payne  was  of 
the  latter  class. 

The  erect  bearing,  the  patience,  the  smiling  selt-pos- 
session  of  the  prisoner,  were  retcrred  to  as  inili- 
catiiig  the  pol.tical  lanatic,  a  moiioiiiainac  on 
the  subjeL't  of  ins  duty,  lie  urged  that  tiiis  man 
wishes  to  die  in  order  to  gam  the  f.iU  crown  ol  m  r- 
tyrdom,  and  there.ore  it  we  grainy  him  lie  will  tri- 
umph over  us,  but  ii  we  spaie  him  we  will  triumph 
over  him.  Ii  sullered  to  live,  he  win  receive  the  wor  t 
puuishnienl,  obscurity,  and  tne  public  will  have  no- 
th.ng  to  admire. 

He  has  killed  no  man,  and  if  he  be  put  to  death  we 
shall  have  the  anomaly  of  the  vicJm  surviving  the 
murderer,  and,  under  the  laws,  he  can  be  punished 
only  lor  assault  and  battery.  With  intent  to  kill,  and 
therelore  imprisoned.  Mr.  JJoster  proceeded  with 
Other  considenitions  vvhy  the  prisoner  s  life  snould  be 
saved,  and  before  conc.uding  spoke  ot  the  many  good 
qualities  he  had  lound  in  the  prisoner  by  his  inter- 
course with  him,  his  iraiik,  niuniv  hearing,  his  disin- 
clination lor  notoriety,  and  his  iiid.sposition  to  screen 
himself  Irom  punishment.  His  only  prominent 
aii.'ciety  was  lest  people  should  thinii;  him  a  hired 
assassin  or  a  brute,  an  aversion  to  beiug  made  a  pubic 
spectac.e  ol,  and  a  desire  lo  be  tried  at  the  bauds  ol 
-bis  lellow  citizens. 

Alter  an  ho.ir  s  recess  taken  bj'  the  Court,  Mr.  Doster 
eni  red  U|ion  the  aigumen  onbjhali  ot  At^ieroth.  com- 
mencing by  oUeriug  a  siatemeut  by  his  client  us  lol- 
lows  :— 

Tlie  iiriioner,  Atzeroth,  submits  the  following  stale- 
ment  to  the  Court:— 

"I  am  one  ol  a  party  who  agreed  to  capture  the 
Preddeni  oi  the  Uuiied  Slates,  or  any  meinuer  ot  tne 
Cabinet,  or  tiener.d  Grant,  or  Vice  Presiuent  Johnson. 
The  lust  plot,  to  capture,  lailed;  tne  second,  to  kill, 
I  broke  away  irom  tne  moment  1  heard  ol  it.  This  is 
the  way  it  came  about. 

On  me  even. 114  of  ihel4th  of  April  I  met  Booth  and 
Payne  at  toe  ller.idon  Hotel,  in  tins  i  ity,  at  8  o'clock; 
he  (Buoilii  said  he  liim^eli  wou.d  take  charge  Oi  Mr. 
Lincoln  and  lieneral  Grant,  P.iyiie  snoul  i  take  Mr. 
Sieward,  and  I  should  t  ke  Mr.  Juhnsun.  i  told  him  1 
wou.d  iiofdo  it;  that  I  ha  1  gone  Into  tne  thing  to  ca,  - 
ture,  but  tiiat  i  was  not  going  to  kill.  He  told  nie  i 
was  a  lo.  1.  that  1  woula  be  hung  any  how,  that  it  was 
death  tor  every  man  that  bac  .id  out,  and  so  we 
parted.  1  w.iiid'red  aboni  ilie  streets  until  about  two 
o'ciock  in  the  morning,  and  men  went  to  thelviai- 
mell  House,  and  iroiu  tiieie  i  procured  my  pistol 
at  Ueorge  own,  and  went  to  my  cousin's  house,  in 
Miuitgoniery  county,  wuere  I  was  arrested  tne  ISth 
following.  After  1  was  iiriestjd  1  told  Piovost  Mar- 
shal Wells  and  Provust  Mnisnal  Mci^hail  tne  whole 
story:  I  also  told  it  to  captain  Monroe,  and  Colonel 
Wells  told  meli  I  [lointea  out  the  way  Boota  had  gone 
I  would  be  reprieved,  and  so  1  told  him  I  thought  he 
had  gone  owu  Charles  county,  in  order  to  cross  the 
Potaniac. 

The  amis  which  were  found  in  my  loom  at  the  Kirk- 
wood  House  and  a  black  coat,  do  not  belong  tome. 
On  the  alternooii  of  the  t-lth  oi  April  Harold  called  to 
see  nie.  and  lett  the  coat  there,  it  is  his  coat,  and  ail 
in  it  belongs  to  him.  as  you  can  see  by  the  hanuker- 
chier,  marked  with  his  initial  and  with  the  name  of 
his  sister.  Mrs  Naylor.  Now  i  Will  state  how  1  passed 
the  whole  of  the  evening  of  the  nth  of  April,  in  the 
afternoon,  about  two  o'clock,  I  went  to  the  livery 
Stable  on  KightU  street,  near  1),  aud  hired  a  dark  bay 


mare,  and  rr  de  into  the  country  for  pleasure,  and  oq 
my  re;  urn  p-ii  i.er  up  ai  Aay.or's  stable.  The  dark 
bay  mare  w.chXhai  lie  tat  Naylor  s  be.'or  ■.  on  or 
about  the  :;d  of -li^ril.  belonged  to  Booih,  and,  also,  the 
saddle  and  bridle,  and  i  h.id  charge  ot  iior  lo  sell  her 
and  1  do  not  know  Wuat  become  o.  i.er.  ' 

Ataboutsi.\  inthe  evening  l  went  to  Naylor's  again 
and  took  out  the  mare,  rode  out  for  an  li.iaraiidre- 
turnrd  her  to  Naylor's.  It  was  then  nearly  e.^'ht 
o'c.ock,  and  1  lold  iiiiii  to  keep  me  mare  r..'..d3'  at  tea 
oklocii,  iniirdor  lo  return  lier  to  the  man  I  hi.eii  her 
Irom.  i'rom  there  X  went  to  t.ie- H.  rndo.i  House. 
Booth  sent  a  message  to  Oyster  Bay,  wnere  i  was,  say- 
ing he  wanted  lo  see  me.  aud  1  went.  Booth  wanted 
me  lo  murder  Mr.  Johnson.  I  refused;  1  men  went  to 
the  Oyster  Bay,  on  the  Avenue,  above  Twellth  street, 
and  whiled  away  the  time  until  near  ten, 

At  ten  I  got  the  mare,  and  having  taiken  a  drink 
wi  h  the  hosier,  galloped  about  town  and  wenttotue 
Kunniell  House:  irom  there  i  rode  down  to  the  depot, 
and  returned  with  very  hard  riding  up  P.niis.ylvania 
avenue  to  Jvelclier's.  From  Keicher's  I  went  down  to 
the  Navy  Yard  to  get  a  room  wiih  Wash.  Briscoe.  He 
had  none,  and  by  the  time  i  got  back  to  the  Kimemll 
House  it  was  near  iwo.  'Ihe  man  i'honias  was  a 
stranger  I  met  on  the  street.  The  ne.vt  niorning,  as 
siau  d,  i  went  to  my  cousin  ivechler's  in  Montgomery 
COiiuty.  Ui:(JKGii  A.  AT/EltOTH. 

Mr.  Doster,  proceeding  with  his  argument,  quoted 
thespecilication  uiiUer  wuicu  the  priaoner  At^eruin  is 
charged,  as  loilows:— 

'■And  in  further  prosecution  of  said  conspiracy  and 
its  traiioious  and  mnrueious  designs,  the  said  George 
A.  At/.eroih  Old,  on  thenightol  theHth  oi  April,  Anno 
Domini  18il5.  and  about  the  same  hour  ol  the  night 
aloiesaid,  within  the  military  department  and  mili- 
tary lines  .aioresaid,  lie  in  wait  for  Andrew  Johnson, 
then  Vice  President  oi  the  United  Slaies  aioresaid, 
with  ihe  intent  un  aw.uUy  and  maliciously  to  kill  and 
murder  the  said  Andrew  Jolinson. 

in  support  01  this  spcniticaiion  the  Government  has 
submitted  the  teuim  n.v  ol  Weichman  and  Miss  tbur- 
rait  that  he  was  freiiueiiily  at  Mrs.  Sorraii's.  in  com- 
pany with  Booth;  of  Greenwalt.thathehad  interviews 
with  Booth  at  the  Kimmell  House,  and  that  he  said 
on  the  1st  (U  April,  'Greenwalt.  I  am  pretty  near 
broke,  though  i  have  friends  enougli  to  give  me  as 
much  money  as  will  keep  me  all  m.v  life,  i  am  going 
away  one  of  these  days,  but  wi";l  return  with  as  mucti 
money  as  wi  I  keep  me  ail  my  liletin>e." 

Of  Marcus  P.  Norton,  that  he  overheard  him  iu  con- 
versation with  Booth,  ill  which  it  was  said,  about  the 
evening  ol  the  Bd  of  March,  that  "if  the  matter  suc- 
ceeded as  well  with  Johnson  as  it  did  with  od  Bu- 
chanan, the  party  would  be  sold;"  and  also,  "that  the 
character  or  the  witnesses  would  he  such  that  nothing 
could  be  proved  b.v  them."  Of  Colonel  Nevins,  that 
he  was  asked  by  tiie  prisoner,  between  four  and  hve 
ol  the  aiteriioon  of  the  12th  of  April,  at  the  Kirkwood 
House,  to  point  out  Mr.  Johnson  while  at  dinner. 
Ol  John  F. etcher,  that  on  or  about  April  3(1  the 
prisoner  owned  a  horse  and  saddle,  which  he  after- 
wards said  was  .'iold  in  Montgomery  county,  and 
which  was  afterwards  found  near  Camp  Baring  Hos- 
pital on  tne  night  of  the  14th  of  April,  and  also  that  he 
i^ot  a  dark  bay  mare  at  Naylor's.  ont  he  evening  ot  the 
141  b,  whicli  he  had  brought  there  in  the  morning  and 
rode  her  away  at  half-past  six.  Brought  her  back  at . 
emht  returned  a^ain  at  ten.  ordered  his  mare,  took  a 
drinlv.  said  "if  this  t.iing  happens  to-niglit  you  will 
hear  of  a  present,''  and  said  of  the  mare,  "she  is  good 
on  a  retreat."  That  then  he  rode  to  the  Kirkwood 
House,  came  out  again,  went  along  D  Street  and 
turned  np  Tenth. 

Ol  Thomas  L.  Gardner,  that  the  same  dark  bay  one- 
evcd  horse  tound  near  Camp  Barry  was  sold  by  his 
uncle  to  GeoriAC  Gardner.  Of  John  Totfey,  that  the 
s.ime  horse  was  found  at  I'ilj  A.  M.,  Saturday,  1.51  h  of 
April,  near  Camp  Barry.  Of  Wash.  Briscoe,  that  on 
t  le  night  of  the  14th  of  April,  between  12  and  12!^ 
o'clock,  the  ))risoner  got  out  of  the  cars  near  the  Navy 
Yard  and  asked  him  three  times  to  let  him  sleep  iu  the 
store;  that  he  was  refused  and  said  he  would  return  to 
the  Kimmell  House.  (Jf  Greenwalt,  that  he  came  to 
the  liimmell  House  at2  A.  M.  with  a  man  named  Tho- 
mas and  hesitated  to  register  his  nameand  wentaway 
in  the  morning  withoutpaying  hisbill.  Of  I^ieut.  ICeim, 
that  ho  stopped  in  the  same  room  with  the  prisoner  at 
the  Kimmrll  House,  and  when  he(witness)  spoke  of 
the'assa  sination  Atzeroth  said  "It  was  an  uwiulatrair," 
and  that  on  the  Sunday  be. ore  he  saw  a  knife  in 
his  possession, a  large  bowie  knife  in  a  sheath,  and  that 
he,  Atzeroth,  remarked.  "If  one  tails  I  waut  the 
other,"  Ot  Wm.  Clendenin,  that  he  lound  a  knife 
similar  to  the  one  seen  by  Keim,  on  F,  between  Eighth 
and  Ninth  streets,  on  the  morning  after  the  assassi- 
nation. Of  llobert  Jones  and  John  Lee,  that  Atzeroth 
took  a  room  at  the  Kirkwood.  No.  126,  and  that  in  it, 
on  the  inoriiing  of  the  15th,  was  found  a  coat  contain- 
ing a  pistol  loaded,  and  bowie  knile.  and  handkerchief 
marked  with  the  name  of  J.  Wilkes  Booth.  Of  Pro- 
vo-itMarshal  McPhail,  that  Atzeroth  confessed  to  him 
that  he  threw  his  knife  awa.v  near  the  Herndon 
House;  th.it  he  pawned  his  pistol  at  Caldwell  s  store, 
in  Georgetown,  and  borrowed  ten  dollars,  and  that  the 
Qoat  anil  arms  at  the  iiLirkwuod  belonged  to  Harold, 


170 


TRIAL   OF   THE  ASSASSINS   AT  WASHINGTON. 


Of  Sergeant  Gemmill,  that  he  denied  having  left 
Washington  recently,  or  having  anything  to  do  with 
theassa-ssiiiaiion. 

Ol  HezekiahMetts.thaton  Sunday followingthe mur- 
der Atzeroth  said  at  liis  house,  "If  ilie  man  liad  fol- 
lowed General  Grant  who  was  to  have  foliuweil  him. 
he  wou.d  have  been  killed."  To  negative  tliis  specifi- 
cation the  defense  had  submitted  the  testimony  of 
Somerset  Leumun  that  the  pr.soner  said  at  Melts' 
hou.-^e;  when  asked  if  Grant  was  killed,  "no.  I  do  not 
suppt/se  he  was."  If  he  had  beeu  killed,  it  would  have 
been  done  probably  by  a  man  that  got  on  the  same 
train  of  cars  that  he  did,  and  that  he  never  used  the. 
language  Imputed  to  him  by  Mr.  M^tts.  That  he  wa-? 
contused;  that  the  daughter  o!  Metts.  to  whom  he  w.is 
payiMtc  his  addresses,- was  throwing  him  the  cold 
Shoulder  that  d.iy.  (Jf  James  E.  Leameu  to  the  same 
etfect.  -Ol  James  Killiker,  that  Atzerotn  had  a  dark 
bay  mare  at  his  stable  at  hall-past  two  o'clock  on  the 
afternoon  ot  the  14th:  wrote  his  name  in  a  large  hand 
and  willingly  gave  references,  and  said  he  lived  in 
Port  Tobacco,  and  was  a  coaelimaker  by  trade:  of  Sa- 
muel Smith,  that  the  mare  was  returned  about  eleven 
o'clock  on  the  eveuingot  the  Utli;  ot  Samuel  McAl- 
lister, that  Atzeroth  rode  up  to  the  Kimimll  House 
about  ten.  and  called  the  black  boy  tij  hold  his  mare; 
that  the  kniie  lound  near  the  Heruclon  House,  and  the 
revolver  lound  at  CakKvell's,  had  been  in  Atzer.itli's 
possession,  but  he  could  not  identify  the  c(^at,or  its 
contents,  lound  at  the  Kirkwood  House:  of  Pruvost- 
Warshal  McPhail,  going  to  siiow  that  the  wat:h  be- 
longed toHarold:ofMrs.  Naylor.that  the  handkerchief 
picked  up  in  Atzeroth's  room  was  marked  with  the 
name  of  Harold's  sister;  ol  Haitman  l^Jchter,  tliattlie 
prisoner  came  to  his  house,  in  Montgomery  county. 
and  made  no  etlort  to  escape;  of  Somerset  Damon  that 
be  is  of  respectable  iamil3';  oi  Samuel  McAllister,  ih;'.t 
he  was  generally  considered  a  coward:  of  Washimttun 
Briscoe,  that  he  is  a  noted  coward:  of  George  Farwell, 
thathe  saw  no  one  lying  in  wait  about  Vice  President 
Johnson's  room  atthe  Kirkwood  immediately  after  the 
assassmation,  nor  did  he  see  any  one  attempt  to  enter 
for  hail  an  hour:  of  W.  C  Browning,  Private  Secre- 
tary, that  the  Vice  President  was  in  his  room  from  5 
O'clock,  the  balance  Ol  the  eveuin;:  of  M.  J.  Pope,  that 
ou  the  12th  the  pris  mor  was  at  tlie  stable  endeavoring 
to  sell  a  horse:  that  he  went  oti'  with  John  Burr:  of  the 
latter,  that  the  prisoner  was  at  Popes;  of  Henry  Brau- 
ner  and  L.  C".  Hawkers,  that  on  the  ?A  ol  March  he 
was  in  Port  Tobacco;  of  Judge  Olin  and  Henry  Bur- 
den, that  they  would  not  believe  Marcus  JS'orlon  on 
oath. 

The  prisoner  submits  that  the  testimony  adduced  by 
the  prosecution  lails  utterly  to  support  the  speci.ica- 
tion,  but  corroborates  the  prisoner's  owu  statement  in 
every  particular. 

The  specittcation  charges  him  with  lying  in  wait  for 
Andrew  Johnson,  etc..  and  on  this  point  the  evidence 
is  circumstant  al.  Colonel  Kevins  says  Atzerolh  in- 
quired tor  the  President  on  the  al'ternoon  oi  April  \Z. 
between  lour  and  five  o'clock,  and  acknnwled^'es  that 
hesaw  him  only  lor  a  moment  at  the  time.  Pupe  s.iys 
that  the  prisoner  came  to  his  stable  some  day  in  Aiii-ll 
to  sell  a  liorse,  and  this  day  is  fixed  by  JulinBarras 
the  l'2th  of  April,  because  he  made  an  entry  in  his  book 
at  the  lime.  Colonel  Nevins'  testimony  "must,  there- 
fore, lall  to  the  ground, and  while  it  is  concluded  that 
some  one  at  the  Kirkwood  had  asked  Colonel  Xevins 
this  common  question,  it  is  certain  that  Atzeroth  is  not 
the  man. 

The  second  point  brought  in  support  of  the  specifica- 
tions is  by  Marcus  P.  Norton,  wuose  declaration  is  to 
the  efi'ect  that  hesaw  Atzeroth  incomjiany  with  Booth 
ou  the  evening  ol  March  :id,  he  thinks,  and  lieard  it 
said,  "If  the  inatter  succeeds  as  well  with  Johnson  as 
It  did  with  old  Buchanan  tlie  party  would  be  sold;  " 
also,  the  words  "the  character  of  the  witnesses  would 
be  such  that  nothing  could  be  proved  by  them.''  The 
prisonersays  this 'is  a  deliberate  falsehood,  as  he 
proved  that  he  was  not  in  \v  asliington  on  the 'id  and 
3d  ol  March  bj'  Henry  Brauuer,  ol  Port  Tooacco,  and 
I>ouis  P.  HawKins,  who  testily  that  about  that  t  me  he 
was  at  home.  This  would  be  suflicient  to  disprove 
Kortou's  statement,  but  there  is  other  evidence  that 
he  was  de  iberateiy  making  testimony. ifor  he  says  on 
the  same  day  he  saw  Dr.  Mudd,  who  was  asking  for 
Booth.  Dr.  JIudd  has  shown  that  he  was  not  atthe 
Kirkwood  or  in  Washington  on  that  da.v. 

Ths  ingenious  fabricator  of  testimony  chose  the  3d 
of  March  lo  give  his  story  probability,  and  he  appears 
beiore  he  wove  this  Hne  perjury  in,  to  have  omitted 
reading  the  testimony  of  Conover,  who  says  the  name 
or  Andrew  Johnson  was  not  joined  in  the  plot  until 
after  the  inauguration,  and  thai  at  that  lime  the  name 
Ol  Mr.  Ilaml  n  was  on  the  list,  and  so  peri>etrated  an 
egregious  blunder.  How  singular  that  he  shou.d  re- 
meniber  exact  words  lor  three  months,  and  laces 
when  he  is  so  short  sighted  iis  might  be  inferred.  He 
is  n  notaole  false  witness.  He  takes  patent  cases,  and 
if  he  cannot  urge  by  argument,  he  takes  the  witness 
stand  and  swears  them  through. 

Jlr.  Henry  Burden,  a  wealthy  citizen  of  Troy,  and 
Judge  B.  Olin,  testify  thai  they  would  not  believe  him 
on  his  oath.  From  internal  evidence  of  his  testimony, 
its  falsity  in  the  matter  of  Dr.  Mudd.  its  proven  lalsiiy 
iu  the  time  of  Atzeroth's  visits  to  the  Kirkwood,  and 


his  known  reputation  as  a  false  witness,  leaves  no 
shadow  of  douhi  that  his  testimony  is  the  ofl'-pring  of 
a  desire  lo  distingu.sh  himseli  on  tue  witness  stand, 
and  that  .A.tzeroth  never  met  Booai  at  the  >.alional  on 
t.ie.Sd  of  March,  or  had  the  allesHd  conversation  wi.h 
him.  The  t  .irJ  strong  point  of  the  prosecution  is  that 
Atzeroth  left  room  JS'o.  126  at  the  Kirkwood.  taking  ihe 
key  with  him,  and  in  Ins  room  was  found  a  coat,  con- 
taining a  bowie  kniu-.  jjislol.  handKercuiet  marked  "J. 
W'ilKes  Booth,''  togetiier  with  notes  on  the  Ontario 
Bank,  in  the  name  Ol  Booth,  and  memoranda,  show- 
ing that  they  once  belonged  to  Bootii. 

'i  he  coat  and  contents  were  disposed  of  by  the  pro- 
secution. McPliail  swears  that  At  ;eroth  told  him 
tliat  the  coat  and  arms  bL-lung  d  to  Harold.  The  cleric 
swears  that  some  one  called  to  see  Atzerot  i  in  the 
afternoon.  It  was  Harold,  and  he  left  his  coat  in  the 
room.  T'be  handKercu.ef  is  marketl  with  tne  name  of 
Mary  E.  I^aylor.sisier  o.  Harold.  Another  is  marked 
H,i6r  Harold.  But  why  did  Atzeroth  suffer  his  coat 
and  arms  to  be  in  his  room'.'  Because  he  was  in  a  plot 
to  capture  the  President,  In  so  far  he  was  the  col- 
league of  Harold  and  Booth;  no  further.  Because  for 
this  purpose  to  capture  the  President,  lo  be  used  ia 
defense,  he  carried  tlie  knile  and  pistol,  which  McAl- 
lister used  to  keep  for  him.  The  same  kn  fe  he  tnrew 
away,  the  same  pistol  he  pawned,  and  there  ore  he 
suuered  Harold  to  leave  his  armor  for  the  same  reasou 
lie  carried  Ills  own.  But  why  did  Atzeroth  go  away 
with  tue  key  and  never  come  back'?  Because  he  did 
not  want  to  bearresied;  because  he  was  not  guilty  of 
aidinu  in  tue  assassinaiiou  ot  Mr.  Lincoln;  because  he 
was  ill  tueplot  so  far  as  10  capture  toe  President,  and 
when  he  was  ordered  to  kill  the  Vice  President  and 
reiused,  he  wasuuaule  to  resolve  either  to  in  orm  the 
authorities  lor  tear  ol  Booth,  or  to  do  the  deed  lor  fear 
Oi  be. ng  hung,  and  so  just  abandoned  the  room  as  he 
abaiidouedeverything  connected  wiih  the  conspiracy. 
Had  he  been  able  to  resolve  to  carry  out  his  allotted 
duty  he  would  naturally  have  taken  the  coat  of  Ha- 
rold aud  put  it  on  and  used  the  arms. 

Had  he  been  able  to  resolve  to  dee  at  once  he  would 
have  removed  all  traces  of  his  participation.  One 
reason  lor  leaving  without  paying  Wash  was  because 
he  had -no  money.  aiid"the  re.isou  for  leaving  the 
coat  was  because  they  did  not  belong  to  him:  but  the 
main  reason  was  because  he  was  between  two  lires, 
wuich  brought  out  liis  native  irresolution,  and  so  he 
cut  ihegordiau  Knot  by  running  away.  We  shall  see 
tiiat  he  left  the  Kimmell  House  the  next  morning 
without  p.iying  his  bill.  It  was  lor  the  same  reason  he 
had  no  money  until  alter  he  had  pointed  his  pistol  at 
Ge  irgetowu.  'Toe  fourtli  point  oi  the  prosecut.ou  is 
tuaU  Atzeroth  loilged  in  the  same  house  with  t.,e  Vice- 
President,  and  tae  relative  situation  of  Ihe  rooms  was 
r.ivoraole  to  assassination.  The  room  of  the  Vice- 
President  wa.s  one  which  no  one  could  hel|>  passing  ia 
going  down  or  up.  and  room  lj.6  was  as  remote  from  it 
as  possible,  iu  a  ditfereiu  wing.  It,  is  evident  that  any 
one  desirous  ol  l.ving  in  wail  for  the  Vice-President 
would  have  taken  a  room  on  the  same  Hour,  but  the 
a  tual  tact  is  be.ler  tluin  suppositions. 

Mr.  Browning  says  the  Vice  President  was  in  his 
room  irom  5  to  M.  dur.ng  which  time  tne  deed  could 
have  been  done.  "Tiiei-e  is  no  evidence  that  Alze.otU 
was  at  the  house  during  th.it  lime,  except  iha.  of 
Pletcher,  who  says  that  Atzeroth  went  ihere  and 
stayed  Hve  minutes.  What  was  he  doiug  there'?  He 
svas  taking  a  drink  at  the  bar.  If  he  tried  lo  kill 
Mr.  Johnson  wh.v  was  it  not  shown"?  Ko  one  was  S'eu 
fyiiiu  in  wail;  ihe  lock  had  not  been  tampered  wth; 
the  V'ce  President  was  undisturbed  even  by  a  knock 
on  the  door— aud  why?  Becau.-^e  Atzeroth  reused  to 
doit.  Because  he  kept  up  appearances  but  backed 
out.  Because  the  instrument  waich  was  to  have  as- 
sassinated the  Vice  President  was  too  conscientious, 
or  a. raid  to  do  it. 

The  fi  th  point  is,  that  on  his  arrest  he  gave  a  false 
name,  c.eiiied  having  lelt  Wa.shington  recently,  and 
said  he  had  nothing  to  do  wilh  the  a.ssas-iuati  •!).  For 
the  last  siaiement  he  lold  the  truth.  Assassination 
and  murder  were  things  for  which  he  was  not  by 
nature  intended,  and  he  had  nothing  to  do  with  it;  as 
lor  the  laise  name,  it  apiieared  that  Sergeant  Gemmill 
understood  his  iiume  to  be  Atwood;  knowm:;  that  i.e 
had  been  in  colhague  with  others  to  capture  t  le  Presi- 
dent, he  was  atraid  to  confess  his  part,  and  theu  and 
Iheie  denied  having  recently  left  Washington. 

Thesi.xth  point  is  that  he  said  to  Fietcm  r.  after  ten 
on  the  itth.  "If  this  thing  happens  to-ni^'htyou  will 
hear  of  a  present."  And  also  in  relerence  tothe  mare, 
■•sheisgoodouaretre.il;"  and  to  Lieutenant  Keim, 
nil  the  Sunday  before,  "If  one  fails  I  shall  want  the 
other.'"  On  the  Urst.*)Ccasiou,  Atzerolh  w.is  about  half 
drunk,  while  the  other  remark  was  made  alter  the 
parties  had  taken  their  cocktails,  so  that  even  if  we 
ci>dit  the  drunken  memories  oi  the  witnesses,  wo  can- 
not do  more  than  credit  it  to  pot  valor,  pointing  to  the 
possible  desperate  melee  of  an  attempt  to  capture. 

There  is  ouly  one  assumption  that  will  maue  every- 
thing agree.  Atzeroth  backed  out.  He  arrived  here; 
he  liked  the  money,  hut  did  not  like  to  be  hung.  He 
ncvei  heard  of  murder  before  Ihat  evening  at  eight 
o'clock,  or  he  would  long  before  have  hid  himself. 
When  he  did  hear  it  he  had  firmness  enough  to  object. 
Coward  conscience  came  to  his  rescue.    But  BooUi 


TRIAL   OF   THE   ASSASSINS    AT  WASHINGTON. 


171 


threatened  to  kill,  and  he  knew  well  enoucb  he  was 
the  man  to  close  the  mouth  oi' any  one  who  Iroubled 
him,  sohe  went  off,  driven  like  a  poor  Irail  being  be- 
tween irresolution  and  (ear;  t  ok  drinks,  leisned  to  be 
doing  his  pan,  talked  valiaully  while  ihe  rum  was  in 
his  throat,  promisesl  gloriously,  Ralloped  round 
fiercely,  talked  daggers,  and  when  the  hour  struck  did 
nothing  and  ran. 

The  specification  charges  that  about  lO'lS  he  was 
lying  in  wait  to  murder,  itc,  and  the  counsel  contends 
that  all  the  circumstances  can  be  accounted  lor.  'ihe 
pri-ouer  had  opportuuily  to  lie  in  wait,  and  as  there 
was  no  proof  that  he  did,  he  should  be  consid.Ted 
guiltless  of  the  attempt  tj  murder.  If  the  theory  ol 
his  attempting  to  murder  be  adopted,  ills  met  with  de- 
nial at  every  point,  lie  tried  to  become  a  hero,  but 
wasonly  acoachmaker,  absolutely  witiiout  courage. 
The  plain,  unvarniihed  statemo:it  is  tlial  during  the 
latter  part  of  i-'ebruary.  Jo..n  Sorratt  and  K.iotli 
wanted  a  man  wlio  undoritoud  boating,  and  would 
both  get  a  boat  and  lerry  a  iiarty  over  the  Potomac  on 
a  capture,  yurralt  knew  Atzei'uth.  and  under  the  in- 
fluence of  great  promises  of  a  fortune,  consented  to 
furnish  the  boat  and  do  the  ferrying  over. 

This  plot  was  attempted  on  tiie  n.h  ot  March  and 
failed.  Booth,  however,  ke^jt  his  subordinates  unin- 
formed of  his  plans,  except  that  it  was  u  iderstood  the 
President  w.-s  to  be  captured.  Mcanwliile  everybody 
was  w..itiui,'  for  Booth.  On  the  liitli  of  March  Atzcroth 
wont  to  the  Kimnu  1  House.  On  the  1st  of  April  he 
talkedof  future  wealth;  on  the  6th  he  spoke  to  Lieu- 
tenant Koim,  over  their  liquor,  of  using  one  il  the 
other  failed.  On  the  l-.:th  he  siopped  ai  the  Kirkwood, 
and  tried  to  sell  the  bayhor^e  to  Pop-.';  on  the  l4th 
Bootii  un.bld(-d  his  pians  at  the  Herndon  House,  and 
Atzeroth  refused;  from  tiie  Hei-ndon  House  he  went 
toOvster  Bav  till  ten,  and  took  driuks;  at  ten  be  took 
a  drink  with  I'letolier;  at  ten  minutes  past  ten  he  look 
a  drink  at  the  ICirkv.-ood  House;  at  twenty  minutes 
past  ten  ditto  at  Kimmei,and  rode  about  the  city;  at 
eleven  returned  his  horse;  at  twelve  he  was  at  the 
Kavv  Yard;  at  two  he  went  to  bed.  • 

Ne\t  morning  at  live  he  got  up  and  went  to  George- 
town, pawned  his  pistol,  and  went  to  Mr.  Meats;  on 
the  luth,  took  dinner  at  Metfs;  on  Sunday  even.ng  he 
■went  to  llartman  liichler's;  on  the  19th  be  was  ar- 
rested. Tuis  ends  this  history,  which  might  have  be- 
come a  tragedy,  but  which  tiie  prisoner  has  turned  to 
a  farce.  He  was  riding  round  Irum  b.ir-room  to  bar- 
room while  P.;vne  was  at  boAvard's,  ana  it  is  plain  he 
was  drunk.  Alter  his  peregrinations,  to  charge  hini 
with  Iving  in  wait,  etc.,  is  paying  hiiu  an  uiide;.;erved 
compi'inKiit.  There  is  not  a  particle  ut  t.ie  siiecinca- 
tion  proved,  but  the  immediate  contrary.  IJuring  the 
whOie  of  the  evening,  so  lar  as  the  ev. deuce  t.. rows 
any  light  on  his  conduct,  instead  of  lying  in  wait  near 
to  iheVice  Presidi'iit,  he  was  standing  at  tlie  diilerent 
bars  from  the  Union  House  to  tlie  Kimmel  liousu, 
with  the  intent  then  and  tliere  uulawtuily  and  mali- 
ciously to  make  Aizerotb  drunli. 

Booth  employed  him  fur  an  emergency.  He  was 
esiieeia.ly  competent  to  per. o.m  in  tueplan  to  capture, 
to"furni3hllieboat.  and  to  carry  the  party  across  the 
Potomac.  l'"or  p.irticipaling  in  the  Presidents  mur- 
der he  never  could  have  b;:eu  intended,  iiooth  was, 
as  his  conduct  shows,  anxious  to  c-irry  off  the  glory  of 
the  thing.  He  remarked  that  he  wanted  "no  botch- 
iii''  wii  irOcneral  (.Jrant."  He  must  have  known  when 
he  told  Atzerotii  to  takecharge  of  the  Vice  President, 
that  he  had  not  tlie  courage  and  did  nut  care  particu- 
larly whether  lie  accomplished  it  or  not.  .  ,.  .  . 
Tuec.iarse  isdivisitJle  in  two  separate  and  distinct 
parts,  "w.th  cunbinin  :.  confederating,"  etc..  "on  or 
be.oretheethof  iSlarch,"  etc.  And  even  suppose  be 
was  proven  guilty  of  the  charge  and  speci.ication,  be 
has  already  turiieil  State's  evidence  to  the  Provost 
Marshal,  and  t.ierefore  liis  punishment  would  fall 
under  the  practice  usual  in  all  courts  ot  .iustice,  that 
oiiecon.e,ssing  l.asan  equitab  e  right  to  the  leniency 
ot  tlie  (^ourt.  His  cast',  however,  rest-;  on  no  such 
slender  ground.  Instead  ot  con  inring  to  kill,  he  re- 
fused to  kill;  instead  of  lying  in  wait  to  murder,  he 
into.-'cicated  himself  at  the  appointed  hour,  and  the 
ue.\tmi.rning  ran  away. 

He  is  guilty  solely  ol  what  heconfesses,  of  conspiring 
to  abduct  the  President,  and  uf  tnat  he  can  be  found 
guilty  only  under  a  new  indictment. 

Mr.  Aiken  read  the  argument  in  behalf  ol  Mrs.  Sur- 
ralt,  commencing  as  follows:— 

i'or  the  lawyer,  as  wed  as  the  soldier,  there  I3  an 
eiaially  pleasant  duty,  an  equally  imperative  com- 
mand. Tnat  duty  is  to  shelter  from  injustice  and 
wrongtlioinnocent;  to  proiecttne  weak  Irom  oppres- 
sion and  to  rally,  at  all  times  and  on  all  occasions 
when  necessity  demands  it,  to  the  special  deiense  oi 
those  whom  nature,  custom  or  circumstances  may 
have  pla«ed  in  dependence  upon  our  strengih,  lienor 
and  cherishing  regard.  That  command  emanates  and 
reaches  each  class  from  the  same  authoritative  source. 
It  comes  fromaSuperior  whose  right  to  command  none 
dare  question,  and  none  dare  to  disobey. 

In  this  command  there  is  nothing  oi  that  Irx  lahonis 
which  nearly  two  thousand  years  ago  nailed  to  the 
c-o=sits  Uivine  Author.  '-There. ore  all  things  what- 
So  ver  ve  would  that  men  should  do  to  you,  do  ye  even 
so  unto"them,  for  this  is  the  law  and  thoi'rophets." 


God  has  not  only  given  us  life  but  he  has  filled  the 
world  with  everything  to  make  lile  desirable,  and 
when  we  sit  down  to  determine  the  taking  away  of 
that  which  we  did  not  give,  and  which,  when  once 
taken,  we  cannot  restore,  we  consider  a  subject  the 
most  solemn  within  the  range  of  human  thought  and 
human  action.  P,-olbundly  impressed  witli  the  inno- 
cence of  our  client,  we  enter  upon  this  last  duty  in  her 
case  with  the  he.artlelt  prayer  that  her  honorable 
judges  may  enjoy  the  satisfaction  of  not  bavingasinglo 
doubt  left  on  their  minds  in  granting  her  an  acquittal, 
either  as  to  the  testimony  aiiectiiig  her  or  by  the  sur- 
rounding circumstances  of  the  case. 

After  alluding  to  the  argument  of  the  Hon.  Reverdy 
Johnson,  whom  he  styled  the  "rintiKle,-  decus  coin- 
jHriKyue'' of  his  profession,  Mr.  Aiken  discussed  with 
much  particularity  the  plea  of  reasonable  doubt,  and  in 
applying  the  rules  which  obtain  in  civil  courts  to 
courts-martial,  and  that  tliey  must  be  governed  in  the 
acceptance  and  analysis  iirecisely  by  tliese  reasonable 
rules  of  evidence,  that  time  and  experience  ab  autico, 
surviving  many  ages  oi  judicial  wisdom,  have  unalter- 
ably lixed  as  guides  in  the  administration  of  tne  cri- 
minal law.  Mr.  Aiken  here  quoted  many  authorities 
sustaining  his  positions.  He  claimed  that  if  Mrs.  Sur- 
latt  could  be  found  guilty  in  a  civil  court  she  might  be 
convicted  here.  He  then  stated  that  lor  private  and 
public  reasons  it  was  highly  desirable  that  t  le  findings 
of  the  Court  should  be  sustained  by  suthcient  evidence. 
Ifthevwere,  the  public  would  overlook  any  irregu- 
larily  that  might  he  supposed  to  exist. 

He  stated  tiiat  the  case  was  wonderfully  barren  of 
even  circumstantial  evidence  against  Mrs.  Surratt;  but 
all  that  was  circumstantial  by  no  means  connected  her 
with  guilty  knowledge  or  guilty  intent.  He  then  in- 
quired what  these  facts  were,  the  character  of  this 
evidence  in  support  of  them,  and  of  the  witness,  and 
whether  they  were  consistent  with  a  reasonable  theory 
by  which  guilt  is  excluded. 

The  character,  scope  and  tone  of  the  argument  can 
be  gathered  from  the  remarks  near  the  close,  viz;— A 
mother  and  son,  associatetl  in  crime,  and  such  a  crime 
as  this  lialf  of  the  civilized  world  never  saw  matched 
in  all  its  dreadful  bearings.  Our  judgments  can  have 
hiu-dly  recovered  their  unprejudiced  poise  since  the 
shock  ot  Ihe  late  horrors;  if  we  can  contompla.e  with 
credulity  such  a  picture  conjured  by  the  unjust  spirits 
of  indiscriminate  accusation  and  revenge;  a  crime 
which  in  private  misery  would  have  driven  even  the 
atis  haunted  heart  of  a  Medici,  a  Borgia,  or  a  Madame 
Bo.-armi  to  w.ld  confusion  beiore  I'S  accomplishment, 
and  daunted  even  that  soul,  of  a'i  the  recorded  wt^rld, 
the  most  eager  lor  novelty  in  license  and  most  un- 
shrinking in  sin  the  indurated  soul  of  Christiana, 
of  Swi-den:  such  a  crime  as  pro.ounde  t  plotters 
within  padded  walls  would  scarcely  dare  whis- 
per- the  words  forming  the  expression  ot  wh;cri 
spoken  aloud  in  the  uiiper  air  would  convirt 
all  listening  boughs  to  .aspens,  and  all  g  ad  sounds 
of  nature  to  shuddering  wails,  and  this  made 
known  even  surmised  to  a  woman  a  "mater 
familias."  The  good  genius,  the  "  placens  uxor  '  ot  a 
home  where  childre  i  had  gathered  all  the  mihienees 
of  puritv  and  the  reminiscences  of  innocence,  where 
religion'watched  and  the  Church  was  minister  and 
watcher  who  were  circumstantial  evidence  strong 
and  conclusive,  such  as  only  time  and  the  slow-wcav- 
in"  fates  could  elucidate,  and  de.iy.  Who  will  believe, 
when  the  mists  of  uncertainly  which  cloud  the  pre- 
sent shall  have  dissolved,  that  a  woman,  bora 
and  bred  in  respectability  and  competence,  a  cnristiuii 
mother  and  a  citizen  who  never  oll'ended  the  laws  of 
civil  propriety;  whose  uniailing  atiention  to  the  most 
saered  dutie^'ofliie  his  won  lor  her  the  name  ot  "a 
nioper  t'hr.stian  matron;"  whose  hearth  was  ever 
warmed  by  charitv:  whose  door  was  unbarred  to  the 
poor  and  whnse  Penates  has  never  cause  to  veil  their 
laces  who  will  believe  that  she  could  so  suddenly 
and'iullv  have  learned  the  intricate  arts  of  sin? 

Mr  Aiken  clo=:ed  with  the  following  rimarks:-  Let 
not  tills  first  Slate  tribunal  in  our  country's  history, 
which  involves  a  woman's  name,  be  blazoned  beiore 
the  wolrdwitii  t»he  harsh  liints  of  intolerance  which 
permits  injustice,  but  as  the  benignant  heart  and  kindly 
iud"-in''  mind  ot  the  world-la'.nenled  v. dim  of  a  crime 
wlifch  would,  in  its  ramilieaiions  of  woe,  aroused  so 
many  fates,  would  himself  have  counselled  you.  Let 
t  he  heralds  of  peace  and  chanty,  with  their  wool-bouad 
>-laves  loliow  the  fasces  and  axesof  judgment  and  Uw, 
and  without  thesacrificoot'any  innocent  sidiigema,  let 
the  ship  of  state  launch  with  dignity  of  un-tamed  sails 
into  the  unruffled  sea  of  union  and  prosperity. 
The  Court  adjourned  over  till  Friday. 


Proceedings  of  Friclay. 

Washington,  Juno  2:1— George  B.  Hutchinson,  a 
witness  called  by  the  Government,  testified  that  he 
was  an  enlisted  man  during  the  recent  war,  for  a  year 
and  a  hall;  he  saw  Clement  C.Clay  on  or  about  the 
l-2thor  13th  of  February  last,  at  the  Queen's  Hotel, 
Toronto;  he  did  not  think  he  was  mistaken  in  seeing 
Clay  then  and  there;  he  also  saw  Sanders, Beverly  Tuc- 


112 


TRIAL   OF  THE   ASSASSINS  AT  WASHTXGTOX. 


ker,  and  others,  at  Montreal,  on  the  16th  or  17th  of  the 
Bame  month. 

The  witnrss  was  present  at  a  conversation  at  the 
St.  LawTPnce  Hall.  Montreal,  on  the  2rl  or  ."id  of  June, 
when  the  present  trial  was  the  subject  discussed 
by  Dr.  Merritt,  Beverly  Tucker.  General  Carroll,  of 
Tennessee,  and  ex-Governor  Wescott,  ot  I'lorida. 
Beverly  Tucker  said  he  had  burned  all  the  letters,  for 
fear  the  Yankee  sons  ot"  - — ^  would  steal  tliom.  The 
witness  had  knowledge  that  Dr.  Merritt  enjoyed  the 
confidence  ot  Tucker  and  the  others. 

Mr.    Ewiiis*s  Ar^iimont. 

Mr.  Ewinc;  then  proceeded  to  read  the  argument  In 
the  prisoner  Arnold's  case.  He  remarked  that  the  evi- 
denci'  was  not  voluminous,  and  it  was  all  in  liarmonv 
as  to  the  main  facts.  Mr.  Horner,  the  detective,  said 
that  Arnold  after  his  arrest  gave  an  account  of  a  meet- 
ing held  at  the  Lichen  House  in  Washin'iton,  the  ef- 
fect of  which  was  to  capture  the  Presilent  and  take 
him  South  lor  ttie  purpose  of  compelling  the  Govprn- 
menttoan  e.xchanse  of  prisoners.  After  announcing 
his  intention  of  having  nothing  to  do  with  it  if  not  i^er- 
formed  within  the  week,  Arnold  withdrew  from  it. 
when  Booth  said  for  this  he  ought  to  be  shot.  liootb 
had  previously  furnished  the  conspirators  with  arms, 
and  so  per. ectlr  satisfied  did  he  become  that  Arnold 
had  withdrawn  from  the  plot,  that  he  told 'Arnold  to 
dispose  of  the  arms  placed  in  the  prisoner's  hands  just 
as  hp  pleased. 

This  statement  of  Arnold  was  truthful  and  ingenuous, 
and  all  the  evidence  corroborated  and  coniormfd  to  it. 
In  Booth's  trunk  was  found  a  letter  from  Arnold, 
dated  from  Hookstnwn.  March  'J7.  in  reply  to  onelrora 
Booth,  who  had  endeavored  to  reclaim  and  .again  en- 
list him  in  his  scheme.  Tnis  letter  showed  that  the 
rupture  between  them  was  complete,  never  to  be 
healed.  During  Arnold's  staj-  at  Mrs.  Van  Tvne's  in 
this  city  it  was  not  denied  that  be  was  engaged  in  the 
plot  lor  the  capture  of  President  Lincoln.  Arnold  re- 
mained in  iSiaryland  from  theSlstto  the.'ilst  of  March, 
when  he  proceeded  to  Fortress  Monroe  for  the  purpose 
of  entering  upon  a  situation  as  clerk  with  I\lr.  Whar- 
ton. About  the  20th  of  March  occurred  the  mpeting 
which  resulted  in  the  quarrel  of  the  accused  with 
Booth,  when  Arnold  gave  up  his  room  at  Mrs.  Van 
T.vne's  and  never  saw  Booth  alterwards. 

The  evidence  established  only  tiiat  at  onp  time  Ar- 
nold was  a  party  to  a  plot  to  capture  or  abduct  the 
President.  If  on  the  Hth  of  April  the  I're-ident  had 
been  abducted,  instead  of  assassinated.  Arno'd  could 
not  be  punished,  because  he  had  nitlidrawn  from  the 
conspiracy,  as  the  prisoner  coun.ermanded  the  inten- 
tion to  abduct,  and  altogether  withdrew  irom  it.  There 
was  no  crime  committed,  and  as  a  consequence  no 
punishment  should  follow. 

Mr.  Ewing  quoted  from  various  leg.al  authorities  to 
show  that  after  Arnold  had  terminated  his  associa'ion 
with  the  conspirators,  he  was  not  responsible  tor  what 
was  done  afterwards.  No  one  act  of  the  conspirators 
could  aU'ect  him.  There  was  not  the  remotest  lesti- 
monv  to  connect  Arnold  with  the  commission  of  the 
murdprous  deed.  He  repeated,  that  tlie  ori2;nal  plot 
in  which  Arnold  bore  a  part  w.as  abandoned,  and  an 
entirely  new  one  with  which  Arnold  was  in  no  wav 
connected  ivas  substituted.  Although  hehad  conspired 
with  the  same  parties  for  a  different  purpose,  he  cpr- 
tainly  w.as  not  responsible  with  the  wicked  men  who 
did  the  wickpd  deed  of  murder.  The  prisoner,  the 
counsel  argued,  could  not  be  an  accessory  be.ore  the 
fact  of  a  crime  he  did  not  know  was  to  he  oommilted. 
At  the  time  of  the  assassination  Arnold  was  not  in 
Washington.  He  was  not  nearer  the  scene  than  For- 
tress Monroe,  nor  did  he  give  any  guilty  aid  or  partici. 
pationtothe  murder  alter  the  crime  bad  been  com- 
mitted. 

After  a  Recess 
Mr.  Ewing  addressed  the  Court  upon  the  subject  of 
jurisdiction  arguing  that  neither  the  Constitution  of 
the  UnitPd  Stales  nor  the  laws  passed  under  it  gives 
them  power  to  try  the  prisoners  for  the  crime  wth 
which  they  are  charged.  As  there  was  no  Const. tu- 
tional  or  legal  provision  for  trial  in  such  a  Court,  it 
must  have  bfcn  authorized  by  some  mandate  from  the 
Executive,  which  the  Constitution  prohibits.  If  his 
clients  were  to  be  tried  for  treason  and  murder,  it  must 
be  proved  that  they  aided  In  or  abetted  the, icts,  for 
either  of  them,  on  conviction,  was  pnnishab'e  with 
death.  The  Judge  Advocate  would  not  say  on  what 
law  and  authority  he  rested  the  conviction  of  these 
pa' ties  and  lor  what  crime.  The  civil  Courts  were 
open,  without  impediment,  lor  impartial  trial,  and 
bence,  in  the  absence  of  other  considerations,  there 
was  no  necessity  ;or  this  trial  belbre  a  military  Court. 
If  such  a  precedent  be  set  we  may  have  fastened 
upon  us  a  military  de.spotism.  It  might  be  this  ar- 
raignment before  a  military  Court  was  more  conve- 
nient and  conviction  more  certain  than  before  a  civil 
tribunal. 

The  Judge  Advocate  h.id  said  that  the  parties  were 
tried  under  the  common  military  law.  This  wa<  a 
g}ihklU)/.arn\  might  make  a  fictitious  crime,  and  a:tach 
an  arbitrary  punishment,  and  who  may  gainsay  it? 
Our  rules  and  articles  of  war  are  familiar  to  us  all.  We 
never  heard  of  the  common  laws  of  war  having  juris- 


diction not  conferred  by  express  enactment  or  consti- 
tutional grant.  If  the  laws  govern,  he  (Mr.  Ewing) 
felt  satisfied  that  his  clients  were  safe.  One  of  them. 
Dr.  Mudd.  had  committed  no  crime  known  to  (he  law 
He  could  not  be  charged  with  treason,  nor  as  aiding 
and  abetting  in  the  murder  of  the  Prpsident,  (or,  at  tbe 
time  of  the  tragedy.  Dr.  Mudd  was  at  his  r-sidence 
thirty  miles  from  the  place  of  the  crime.  Ho 
certainly  could  not  be  charged  with  the  com- 
mission of  the.  overt  act.  There  were  not  two 
witnesses  to  show  it,  but  there  was  abundant 
evidence  to  show  lie  did  not  commit  the  overt  act  Dr 
Mudd  never  bv  himself,  or  with  others,  levied' war 
against  the  United  States  or  gave  aid  and  com.'ort  to 
the  enemy. 

]Mr.  Ewing  then  proceeded  to  comment  on  the  evi- 
dence, claiming  that  there  was  nothing  which  in  the 
remotest  degree  connected  Dr.  Mudd  with  the  con- 
spiracy-. He  ventured  to  s;iy,  that  rarely  in  the  annals 
of  the  civil  trials,  has  the  life  of  accused  been  assailed 
by  so  much  lalse  testimony,  as  had  been  exhibited  in 
this  case,  and  rarely  h.as  it  been  the  good  fortune  of  an 
innocent  man  to  so  confute  and  overwhelm  ins 'alse 
accusersbya  preponderance oi  undisputed  triitli.  There 
was  no  reliable  evidence  to  show  that  Dr.  Mudd  met 
Booth  more  than  twice,  and  that  was  laslXoveuiber.  in 
Charles  county, onamerematteroftrade.  Heliad  never 
met  Booth  in  ihis  city.  The  counsel  then  reviewed  the 
evidence  relative  to  Dr.  MiuU^having  set  Boot li's  lea- 
and  other  events  in  that  connection,  arguing  that  frora 
all  this  there  wn3  nothing  to  lead  to  a  conclusion  un- 
favorable to  the  accused.  Dr.  Mudd  volunturilv,  not 
on  conipulsi'  n.  gave  in  ormatioii  concerning  the  route 
by  whicn  Booth  with  Harold  had  escaped,  and  instead 
of  thanking  him  lor  this-as  a  goodand  loval  citizen,  an 
effort  was  made  to  punish  him.  Trulv  the  wavs  of 
military  justice,  like  those  of  Providence,  are  inscru- 
table and  past  finding  out.  In  the  course  ot  his  de- 
tense  Mr.  Ewing  said  that  in  all  the  writings  which 
had  been  seized  there  is  not  a  scratch  of  a  pen  impli- 
cating Dr.  Mudd.  nor  is  there  anything  whatever  to 
show  that  he  had  the  least  intimation  or  knowledge 
either  of  assassinai.on  or  of  abduction.  He  con- 
cluded that  his  client  could  not  be  punished 
either  as  a  principal  or  as  an  accessory  before 
the  fact,  lor  rtlie  evidence  fails  to  show  either 
knowledge,  or  iniimation  or  suspicion  to  commit  the 
crime.  Ii  the  prisoner  was  to  be  held  responsible  at 
all,  it  was  a-- an  accessory  after  the  (act.  and  bevond 
all  controversy  there  was  no  proof  on  this  point. 

AH  tiie  arguments  lor  the  accused  having  been  read, 
Associate  JudgeAdvocateBinaham.said  that  on  Tues- 
day next  he  would  beiready  with  so  much  oi  his  sum- 
ming upas  tou?hes  the  (iiiestion  of  the  jurisdiction  of 
the  Court  and  he  hoped,  by  the  next  day,  to  deliver  the 
conclusion  of  his  argument. 

The  Court  then  adjourned  until  Tuesday  morning,  at 
11  o'clock. 


■Washixgtok.  June  27.— The  Court  met  at  11  o'clocfe 
when  Judge  Advocate-General  Holt  recalled  Sand.brd 
Conover,  alias  J.  W.  Wallace,  as  a  witness  for  the  Go- 
ver'^ment. 

Judge  Holt  said  he  held  ii  his  hand  a  volume  con- 
taining the  judicial  proceedincs  in  the  case  of  the  St. 
Albans  raid,  and  asked  the  witness  whether  his  evi- 
dence there  n  w.as  tiuihluUy  reporte.l.  The  witness 
said  the  tes-Limonv  to  which  General  Holt  hnd  esne- 
cially  reierred  was  partly  his.  but  associa'ed  with  that 
of  another  person  nam-'d  Wallace. 

Q.  Eo  you  lemember  how  manv  persons  named 
Wallace  eave  test  iuKuiv  oil  that  tria'l?  A.  There  were 
three  so  far  as  I  kn  iw:  William  P.ipe  W.iPacp  J.  Wat- 
son Wjllace.  ana  J.  V/al  ace;  what  was  read  from  the 
work  just  now  w.as  t;  e  report  of  the  Montreal  Trle- 
niaph,  printed  from  the  type  of  that  newspiper;  the 
report  wliish  appeared  in  the  Montreal  Witness  was 
correct.    This  was  read  as  Ibllows:— 

'•  James  Watson  Wallace  said:— I  reside  at  present  in 
this  ciiy  and  have  been  h'>re  snce  October:  I  formerly 
resided  in  the  Con  ederate  States;  I  know  J^mes  a. 
Seddon;he  occui)ied  t  ne  position  o  Secretary  of  War:  I 
should  say  the  signatures  to  the  papers  m",  N,  and  O, 
are  those  of  the  said  Seddon:  I  have  on  several 
occasions  seen  the  signature  of  James  A.  Seddon 
and  h  veseen  him  onseveraloccasions  write  hisname. 
He  has  signed  documents  in  my  presence,  and  handed 
tliem  to  me  alter  signing;  I  never  belonged  lo  the  Con- 
federate army,  but  have  seen  manv  commissions  is- 
sued by  the  Confederate  Government;  th'>  commission 
01  Lieutenant  'i'ouns.  marked  M..is  in  ihe  usual  (orm; 
the  army  commissions  are  always  signed  hv  tiie  Sec- 
retary oi  War;  I  have  never  seen  a  commission  with 
filename  oi  the  Prf  sidenl  or  with  the  .se;il  ot  the  Go- 
vernment; the  Confederate  States attlie  time  i  ie;t  the 
country  had  no  seal;  one  had  been  designed,  but  not 
prepared," 

The  witness  remarked  that  the  above  wa.s  substan- 
tially what  he  did  .say;  it  was  clipped  either  from  tlie 
Montreal  Witnrss  or  the  Iff  raid. 

Q.  State  whether,  after  you  gave  your  testimony  In 
this  Court,  vou  visited  Montreal.  A.  I  leU  here  per- 
haps the  same  day. 


TRIAL   OF   THE   ASSASSINS  AT  WASHINGTON. 


173 


Q.  Whom  did  you  meet  there  of  those  spoken  of  as 
refugees?  A.  I  met  Tucker,  Carroll,  Dr.  Fallen,  ex- 
Governor  Wescott.  Georse  Sanders.  Lewis  Sanders, 
his  son.  and  a  number  of  others:  I  had  a  free  conversa- 
tion with  some  of  them,  especially  with  Tucker  and 
Sanders. 

Q.  What  did  Tucker  say.  so  far  as  the  purpose  of 
those  men  was  concerned?  A.  They  h.-vd  not  the 
slightest  idea  tliat  I  had  testified  before  this  Commis- 
sion,and  received  me  with  greatcordiality:  thesubjpct 
of  this  trial  was  eenorally  discu-sod;  Tucker,  after  de- 
nouncing Secretary  Stanlou  and  President  Johnson  as 
scoundrels,  spoke  of  Judse  Holt  as  a  bloodthirsty  old 
villain:  he  said  they  must  protect  themselves  by  agiiard 
at  present;  "but.  by  the  Ktenial,  the  dav  of  reckoning 
willcome.and  they  would  have  a  long  account  to  settle:" 
Sandersdid  not  make  such  violent  threats  as  Tucker 
did;  William  S.  deary,  whom  he  also  met,  made  simi- 
lar violent  threats;  he  said  that  Reale  would  have 
been  pardoned  by  the  President  had  it  not  been  for 
Judge  Holt:  he  also  said  blood  should  follow  blond;  he 
reminded  me  of  what  he  had  formerly  remarked  con- 
cerning President  Lincoln.  'That  retributive  justice 
had  come,  and  the  assassination  of  the  President  was 
the  beginning  of  it." 

Q.  After  giving  your  testimony  here  did  you  not  go 
to  Canada  for  mo?  A  I  did.  to  get  a  certified  copy 
of  the  record;  at  Montreal  1  met  these  conspirators;  1 
had  not  been  there  long  when  they  diiscovered  that 
my  testimony  had  been  published;  l"  received  a  mes- 
Fagpfrom  Sanders,  Tuckpr,.C  irroll  and  U'Donnell,  a 
Virginian,  sometimes  called  McDonnell, 

Q.  The  man  who  boasted  of  setting  fire  to  houses 
In  Kew  York?  A.  He  so  boasted:  I  went  into  the  sa- 
loon to  wait  until  ilie  public  offices  were  opened: 
while  sitting  there  about  ten  minutes  a  dozen  Rebels 
surrounded  me;  they  accused  me  of  having  betrayed 
their  secrets:  not  knowing  at  the  time  that  mv  testi- 
mony had  been  published  I  denied  it:  they  said  if  I 
would  give  them  a  letter  to  that  effect  it  would  be 
well;  just  as  I  was  aboin  to  get  away  Beverly  Tucker 
came  in:  he  said  a  mere  letter  would  not  do,  because 
I  had  testified  before  the  Court,  therefore  I 
must  give  some  parer  under  oath  to  make 
my  denial  sulhcionily  strong;  about  a  dozen 
of  these  men  assailed  me  in  a  furious  mnnner;  O'Don- 
nell  took  out  liis  pistol  and  said  unless  I  did  so  I  should 
never  leave  the  room  alive:  at  last  Sanderssaid,  "Wal- 
lace, you  see  what  kind  of  hands  you  are  in:"  I  at 
length  consented:  it  was  understood  that  I  was  to  pre- 
pare the  paper  in  my  own  way:  I  intended,  however, 
not  to  prepare  the  paper  but  to  escape  from  them  at 
the  most  convenient  opportunity;  Mr.  Kerr  was  heu 
sent  for  to  prepare  the  paper;  two  of  Morgan's  men 
were  there:  a  pistol  was  again  drawn  on  me;  Kerr 
came  and  the  affidavit  was  prepared  and  I  signed  it 
and  Went  througli  thecereirioiiy  of  an  oath. 

Q.  Did  j'ou  know  that  Kerr  had  knowledge  of  these 
menaces?  A.  It  must  have  so  appeared  to  liim.for 
Tucker  said  if  I  did  not  si'jn  the  paper  I  should  never 
leave  the  town  alive,  and  that  they  would  follow  me 
to . 

Q.  Did  that  paper  appear  in  the  Tclfpraph.  and  was 
it  afterwards  copied  into  the  New  York  M'orl<l?  A.  It 
did  (the  paper  was  read):  it  appeared  in  the  MontrenI 
Hvening  Trleriraph,  o(  June  10th,  and  is  to  the  effect 
that  if  President  Johnson  will  send  him  (.lames  W. 
Wallace)  a  safe  conduct  to  go  to  Washington  and  to 
return  to  Montreal,  lie  would  proceed  hither  and  go 
before  the  Military  Court  and  makeproffer  of  himself 
in  order  that  they  may  see  whether  he  was  the  same 
Sandford  Conover  who  swore  as  stated:  this  is  dated 
June  8th.  isr>5.  and  is  s  gned  James  W.  Wallace;  to  this 
the  atlidavit  before  referred  to  is  appended  namely:— 

"I  am  tlie  same  James  W.  Wallace  who  gave  evi- 
dence on  the  subject  of  the  St.  Alban's  raid,  which 
evidence  appears  in  page  212  of  the  printed  report  of 
thecasi-:  I  am  a  native  of  Loudon  county.  Virginia;  I 
resided  in  Jloniroal  in  October:  1  have  seen  and  ex- 
amined llie  report  of  wliat  is  called  the  suppressed 
evidence  before  the  court-martial  now  being  holden 
at  Washington  on  Mrs.  Siirratt,  Payne  and  others, 
and  I  have  looked  carefully  ttirou.gh  the  report  of 
the  evidence  in  the  New  York  papers  of  a  person 
calling  himseU  Sand  lord  Conover,  wh  oreferred  to  the 
fact  that  whilst  in  Montreal  lie  went  b.v  the  name 
of  .Tame^  Watson  Wallace,  and  gave  evidence  in  the 
St.  Alban's  raid  investigation;  that  said  Conover  evi- 
dently personated  me  before  the  said  court-mar- 
tial: that  I  never  gave  any  testimony  what- 
soever before  tne  said  court-martial:  that  I 
never  gave  any  testimonv  wliatsoever  before  the 
said  court-martial  at  Washington  <Mty:  that  I 
never  had  knowledge  of  John  Wilkes  Booth,  except 
seeing  him  on  the  stage,  and  did  not  know  he  was  in 
Montreal  until  I  saw  it  published  after  the  murder  of 
President  Lincoln:  that  I  fiever  was  a  correspondent 
of  the  New  York  Trihvnf;  that  I  never  went  under 
the  name  of  Sandford  Conover:  that  I  never  had  any 
confidential  conversaMon  with  (Jeorge  N.  Sanders,  Be- 
verly Tucker,  Hon.  Jacob  Thompson.  General  Carroll, 
of  Tennessee,  Dr.  M.  N.  Paller,  or  any  ot  the  others 
therein  ment  oned;  that  my  acquaintance  with  every 
one  of  these  gentlemen  was  slight,  and  in  fine.  I  have 
no  hesitation  in  stating  that  the  evidence  of  the  said 
Conover  personating  me  is  i'alse,    untrue   and  un- 


founded in  fact,  and  is,  from  beginning  to  end,  a  tissue 

of  falsehoods. 

I  have  made  this  deposition  voluntarily,  and  injus- 
tice to  mv  own  character  and  name. 

(Signed)  "J.  WATSON  WALLACE." 

This  was  sworn  to  before  G.  Smith,  Justice  of  the 
Peace,  at  Jloiitreal,  on  the  8th  of  June,  inst :  Alfred 
Terry  testified  that  Wallace  subscrieed  to  the  paper  of 
his  own  free  will,  <Sc. 

By  Judge  Advocate  Hop.— Q.  I  understand  this  is  the 
paper  sworn  and  subscribed  to  by  you  under  the  cir- 
cumstances which  you  have  detailed,  with  pistols 
pointed  at  your  face,  and  that  the  statements  in  this 
paper  are  false.  A.  Yes  sir:  I  never  heard  of  Alfred 
Terry,  who  said  I  swore  to  it  voluntarily:  the  adver- 
tisement appended  to  the  deposition,  and  which  is  as 
follows,  was  also  induced  by  the  same  threats. 

"Five  hundred  dollars  reward  will  be  given  for  the 
arrest,  .so  that  I  can  bring  to  punishment  in  Canada, 
the  infamous  and  perjured  scoundrel  who  recently 
personated  me  under  the  name  of  Sand 'bid  Conover, 
and  deposed  to  a  tissue  of  falsehoods  before  the  Mili- 
tary Commission  at  Washington. 

(Signed)  "J.  W.  WALLACE." 

Q.  You  have  stated  that  you  were  never  in  the  Con- 
federate army:  wliat  did  you  mean?  A.  I  meant  that 
I  never  served  as  a  soldier  alter  I  was  conscripted;  I 
was  detailed  as  a  clerk  in  the  liebef  War  Department. 

Q.  By  Judge  Holt.— Was  any  attempt  made  by  those 
men  to  detain  you  in  Canada?  A.  I  believe  so,  by 
friends  of  theirs,  and  I  was  relieved  through  the  influ- 
ence of  General  Dix. 

Testijnony  of  Nathan  Auser. 

By  Judge  Holt.— Witness  said  he  had  known  Sand- 
ford Conover  lor  eij;ht  or  ten  .vears;  his  cliaracter  for 
intfgrity  was  good;  recently  witness  had  accompanied 
Conover  to  Montreal  and  was  present  at  the  interview 
with  Tucker  aud  Sanders;  alter  they  went  into  O'Don- 
nell's  looni  Mr.  Cameron  came  there  wiih  a  paper  con- 
taining an  account  of  Conover's  tesiimony;  Conover 
had  the  paper  shown  to  him,  but  denied  he  had  so 
testified:  lie  was  told  he  must  sign  a  writing  to  that 
effect  or  he  should  not  leave  the  room  alive;  they 
would  shoot  him  like  a  dog:  thev  all  went  into  the  St. 
Lawrence  Hall,  but  would  not  let  the  witness  follow 
them;  there  were  twelve  or  fifteen  persons  in  the  party, 
including  Sa,nders,  Tucker.  O'Donuell.  Carroll,  Dr. 
P.illen  and  Cameron.  The  witness  said  he  did  not  see 
any  weapons  on  their  persons. 

Testimony  of  John  Cantly. 

By  Judge  Holt.- 1  reside  at  Selma,  Alabama,  and 
am  a  printer  in  the  ollice  of  the  .Selma  Dispatch. 

Judge  Holt  said.  I  will  read  the  following  which 
purports  to  have  been  clipped  from  that  newspaper, 
namely;— "A  million  dollars  wanted,  to  .have  peace  by 
the  1st  of  March.  If  the  citizens  of  the  Southern 
Conie  leracy  will  furnish  me  with  the  cash  or  good 
securities  lor  the  sum  of  $1.00i),i  no,  I  will  cause  the 
lives  of  Abraham  Lincoln,  Wni.  H.  Seward,  and  An- 
drew Johnson  to  betaken  by  the  1st  of  March  next. 
This  will  give  us  peace  and  satisfy  the  world  that 
cruel  tyrants  cannot  live  in  a  land  of  liberty.  If  this 
is  not  accomplish'd  nothing  will  be  claimed  beyond 
the  sum  of  if.5U.uoo  in  advance,  which  is  supposed  to  be 
necessary  to  reach  and  slaughter  the  three  villains.  I 
will  give,  myself,  .?lOiiu  towards  the  patriotic  purpose. 
Every  one  wishing  to  contribute  will  address  'X.'  Ca- 
hawba.  Alabama.  December  1st,  ISiM." 

Q.  Will  you  state  whether  this  advertisement  was 
published  in  the  Selma  Di.^pafch  in  December  1864?  A. 
As  far  as  I  recollect  it  was  November,  and  was  pub- 
lished four  or  five  times:  I  saw  the  manuscript,  which 
was  iu  the  handwriting  ot  G.  W.  Gale,  of  Cahawba, 
Alabama;  his  name  was  signed  at  the  bottom  of  the 
sheet  simply  to  indicate  the  author  and  who  was  re- 
sponsible lor  it;  the  Di.Kpatrh  had  a  circulation  of  eight 
lumdrcd  copies,  and  exchanged  with  the  Richmond 
pai  ers:  Gale  is  a  lawyer  of  considerable  reputation,  and 
is  distinguished  for  his  extreme  views  on  the  subject  of 
slavery:  I  never  saw  Gale  before  his  arrest. 

Watkins  D.  Ci raves,  also  a  printer,  who  had  been  em- 
ployed in  the  Selma  Dixnntch  office,  remembered  to 
have  seen  the  advertisement  signed  X.;  it  was  in  Mr. 
Gale's  handwriting,  which  the  witness  had  frequently 
seen. 

Dr.  Merritt  was  recalled  for  the  Government  with 
reference  to  a  statement  made  by  Mr.  Hutchinson 
that  lie  overheard  a  conversation  on  the  2d  of  June. 
The  Doctor  said  on  that  day  he  saw  General  Carroll  at 
St.  Lawrence  Hall,  and  introduced  liimself  as  Dr.  Mer- 
ritt. of  Memphis.  As  there  was  a  large  liamily  of  that 
name  at  Memphis,  from  which  vicinity  General  Car- 
roll came,  he  expressed  to  the  witness  great  gratifica- 
tion at  meeting  him. 

General  Carroll  introduced  him  to  Tucker  and  others 
as  Dr.  Merritt.  On  Tuesday,  the  6th  of  June,  the  testi- 
mony was  published  in  Canada,  when  Tucker  said  they 
were  perfectly  posted  as  to  everything  on  this  trial,  nnd 
Tucker  said  the.vhad  burned  the  papers  from  theCon- 
federateGovernmentfor  fearsome  Yankee  wouldsteal 
them  for  evidence.  Ex-Governor  Westcotl  was  present 
during  the  interview  with  w;tness.  but  he  did  not  hear 
the  latter  utter  any  disloyal  seutimeucs,  although  it 


174 


TRIAL   OF   THE  ASSASSINS   AT  WASHINGTON 


mnst   be  inferred   he  was  playing  into  His  frieuds 
bands. 

Bv  General  Wallace.— Q.  By  whom  were  they  being 
post  V  .  He  sail],  we  have  friends  in  Court;  who,  I 
don't  kno^v:  I  did  not  take  lor  granted  it  was  any 
rnemher  ot  tlie  Court.    (Lanirhteri. 

Jadiie  Holt  saui  the  Government  was  now  through 
with  its  tastimonv. 

Assistant  .lu'ige- .Advocate  Bingham  then  delivered 
his  argument,  as  (oMows:— 

ArsTHniont  of  John  A.  Bin^irlinni, 

SPECIAL  JUDGE  ADVOCATE.  IX  RKPLY  TO  THE  SEVE- 
RAL ARGUMEXTS  TX  DEFEXSE  OF  MARY  E.  SURRATT 
AND  OTHERS,  CHARGED  WITH  CON'SPIRACY  AND  THE 
MURDER  OP  ABRAHAM  HKCOLX,  LATE  PRESIDENT 
OF  THE  UNITED  STATES. 

Mav  it  please  the  Court— The  conspiracy  charged 
and  specified,  and  the  acts  alleged  to  have  been  com- 
mitted )n  pursuance  thereof,  and  with  the  intent  laid, 
constitute  a  crime  the  atrocity  of  which  has  sent  a 
shudder  through  the  civilized  world.  All  that  was 
agreed  upon  and  attempted  by  the  alleged  inciters  and 
instigators  of  this  crime  constitutes  a  conibination  of 
atrocities  with  scarc-ly  a  parallel  in  the  annals  of  the 
human  race.  Whether  the  prisoners  at  your  bar  are 
e;ullty  of  the  conspiracy  and  the  acts  alleged  to  have 
been"  done  in  pursuiuce  thereol.  as  set  forth  in  the 
charge  and  ^peciiication,  is  a  que-tion  tlie  determina- 
tion ot  which  rests  solely  with  th  a  honorable  court, 
and  in  passing  upon  which  this  court  are  the  sole 
judges  of  the  law  and  the  fact. 

In  presenting  my  views  upon  the  question  of  law 
raised  by  tlio  several  counsel  for  tlie.dolense,  and  also 
on  the  testimony  adduced  lor  and  against  the  accused, 
1  desire  to  be' just  to  them,  just  to  you.  just  to  my 
country,  ard  just  to  my  own  convictions.  The  issue 
joined  involve-;  the  highest  interests  of  the  accused, 
and.  in  myjudgment.  the  highest  interests  of  the  whole 
people  of  tlie  United  Slates. 

It  is  a  matter  of  great  moment  to  all  the  people  of 
this  country  that  the  prisoners  at  your  br.r  be  lawfully 
tried  and  lawlnlly  convicted  or  acquitted.  A  wrung. ul 
and  illegal  conviction  or  a  wrongful  and  illegal  ac- 
quittal ujion  this  di-ead  issue  wouid  impa+r  soniewliat 
the  secuntv  ol  every  man's  life,  andshake  the  stability 
of  the  republic. 

The  crime  ciiarged  and  specified  upon  your  record  is 
not  simply  tlie  crime  of  murdering  a  human  being,  but 
it  is  the  crime  otkiling  and  murdering  (iU  the  Htliday 
of  April.  A.  D.  1SG5,  within  the  military  department  of 
Washington  and  the  inircnciiod  lines  thereof.  Abra- 
ham l^;ucoln,  tlieu  Pre>;ident  of  the  United  States, 
and  Conim>nder-in-Chief  of  the  army  and  navy 
thereof:  and  then  and  there  assaulting,  with  inteut  to 
kill  and  muider.  Wiiluim  II.  Seward,  then  Secre- 
tary of  Stale  of  the  Unied  States;  and  then  and  there 
lying  in  wait  to  kill  and  muider  Andrew  .lohnson, 
fhen  Vice  President  of  the  United  States,  and  Ulysses 
S.  Grant,  then  Licjt -LJener.il  and  in  comniaud  of  llie 
armies  1^1  the  I'nited  States,  in  ijursuance  ot  a  treason- 
able conspiracy,  entered  into  by  the  accused  with  one 
John  Wilkes  Booth,  and  John  U.  Surratt,  upon  the 
instisution  of  Jetlerson  Davis.  Jacob  Tiiompsou, 
George  N.  .Sanders  and  others,  with  inteut  thereby  to 
aid  tiie  existing  Bebellioii  and  subvert  the  Coustitu- 
tion  and  laws  of  the  United  States. 

The  Rebellion,  in  aid  of  which  this  conspiracy  was 
formed  and  this  great  puhlic  crime  coinmitted,  was 
prosecuted  for  the  vindication  of  no  ri:rht,  for  the  re- 
dress of  no  wrong,  but  was  itself  simply  a  criminal 
conspiracy  and  gigantic  assassination,  tnresistiug  and 
crushing  tills  U'^bellion  the  American  peoiile  take  no 
step  backward,  ami  cast  no  reproach  upon  their  past 
historv.  That  people  now.  as  ever,  proclaim  the  Self- 
evident  truth  tiiat  wlieuever  Government  becomes 
subversive  of  the  ends  of  its  creation,  it  is  the  right 
and  dutv  of  I'le  people  to  alter  and  abol  sh  it;  but  dur- 
ing these  four  years  of  conllict  they  have  as  clearly 
proclaimed,  as  was  their  right  and  iluty,  both  by  law 
and  by  anus,  that  the  Goveruineut  ot  their  own 
choice.  hunia:icly  and  wisely  administered,  oppres- 
sive of  none  and  just  to  all.  shall  not  be  overthrown 
bv  privv  consiiiracy  or  armed  Rebellion. 

"What  wrong  liad  this  (iovernment  or  any  of  its  dul.v 
constituted  agents  done  ti  any  ot  the  guilty  actors  in 
this  atrocious  Uebelliou?  Tney  Ihi'mseives  being  wit- 
nesses, the  (.Jovernnienl  whicii  tiiey  assailed  had  done 
no  act,  and  attempted  no  act,  injurious  to  them,  or  in 
any  sense  violative  ol'their  rights  as  citizens  and  men; 
and  yet  for  four  years,  without  cause  of  com)):aiui  or 
colorable  excuse,  the  inciters  and  instigators  of  the 
conspiracy  charged  upon  your  record  have,  b.v 
armed  Kebellion,  resisted  the  lawful  authority  of 
the  (iovernment,  and  attempted  by  lorce  ot  arms  to 
blot  the  republic  from  the  map  of  nations.  Now  that 
their  battalions  of  treason  are  broken  and  Hying 
belore  the  victorious  legions  of  the  republic,  the  chief 
traitors  in  this  great  crime  against  your  Government 
secretly  cousiiire  with  their  hired  conlederaies  to 
achieve  by  assassinatii.-n,  if  possible,  what  they  have 
in  vain  attempted  by  wager  of  battle,  the  overthrow 
of  the  Government  of  the  United  States  and  the  sub- 
version of  its  Constitution  and  laws,    it  is  for  this  se- 


cret oonsplracy  in  the  interest  of  theRebellion.  formed 
at  the  instigation  of  the  cliieis  of  that  Rebellion,  and 
in  pnrsuanc  of  whicn  the  acts  charged  and  specified 
are  alleged  to  have  been  done  and  with  the  intent  laid, 
that  the  accused  are  upon  trial. 

The  Government  in  preferring  this  charge  does  not 
indict  the  whole  peopleof  any  S.ateorsectioii,  but  only 
the  alleged  parties  to  this  unnatural  and  atrocious con- 
spirac.v  and  crime.  The  Prebideiitol  llieUniied^states, 
in  the  discharge  of  his  duty  asCommander-in-Lbief  of 
the  Army,  and  by  virtue  oi  the  i-ower  vested  in  him  by 
the  Consiitutiou  and  lawa  of  tae  United  states,  has 
constituted  you  a  military  court,  to  hear  and  deter- 
mine the  issue  joined  against  the  accused,  and  has  con- 
stitutedyou  acuurt  lOr  ho  other  jjurpose  whatever.  To 
this  charge  and  specification  the  deiendauts  have 
pleaded,  lirst,  that  this  court  has  no  jurisdiction  in  the 
premises;  and,  second,  not  guihy.  As  the  court  has 
alread.y  overruled  tlie  plea  to  the  jurisdiction,  it  would 
be  passed  over  in  silence  by  me  but  lor  the  lact  that  a 
grave  and  elaborate  argument  has  been  made  by  coun- 
sel for  the  accused,  notoniy  losliow  the  want  of  juris- 
diction, but  to  arraign  the  Piesident  of  the  United 
States  beiore  the  country  and  the  world  as  a  usurper  of 
power  oCer  the  lives  and  the  liberties  of  the  prisoners. 
Denyiug  the  authority  of  the  President  to  constitute 
this'tonimissiun  is  an  averment  that  this  tribunal  is 
uoi  it  court  ot  justice,  has  no  iet;al  existence,  and  there- 
fore no  power  to  hear  and  determine  tiie  issue  joined. 
The  learned  counsel  lor  the  accused,  when  they  make 
this  averment  by  way  ot  argument,  owe  it  to  them- 
selves and  to  their  country  to  show  how  the  President 
could  otherwise  lawfully  and  eiUcienllj-  discharge  the 
duty  enjoined  upon  him  by  his  oath  to  prutect,  pre- 
sei  ve,  anldei'endtheConslilution  of  the  United  States, 
and  to  take  care  that  the^aws  be  faithluily  executed. 

An  existing  Rebellion  is  alleged  and  not  denied.  It  is 
charged  that  in  aid  of  this  existing  Rebellion  a  con- 
spiracy was  entered  into  by  tue  accused,  incited  and 
instigated  thereto  by  thechiefsof  this  Rebellion,  to  kill 
and  murder  thee.xecutive  ohicers  oi'  the  Government, 
and  the  commanderof  thearmies  of  the  United  states, 
and  that  this  conspiracy  was  partly  executed  by  the 
murder  of  Abraliam  Lincoln,  and  by  a  murderous 
assault  upon  the  Secretary  of  State;  and  counsel  re- 
ply, by  elaborate  argument,  that  although  the  lacts 
be  as  charged,  though  the  conspirators  be  numerous 
and  at  large,  aijle  and  eager  to  c  implete  the  horrid 
work  of  assassination  already  begun  within  your 
military  encampment,  yet  the  successor  of  your  mur- 
dered President  is  a  nsurjier  if  he  attempts  by  mili- 
tary force  and  martial  law.  as  Commander-in-Chief, 
to  prevent  the  consummation  of  this  traitorous  con- 
siiiracy in  aid  of  tiiis  treasonable  Rebellion.  The  civil 
Courts,  say  the  counsel,  are  open  in  the  District.  I 
answer,  they  are  closed  throughout  halt  the  Republic, 
and  were  only  open  in  this  bisir.ct  on  the  day  ot  this 
confederatjoii  and  conspiracy,  on  tlie  day  ot  the  trai- 
torous assassination  of  your  President,  "and  are  only 
open  at  this  hour,  by  force  oi  the  bayonet.  Does  any 
man  suppose  that  if  the  military  lorces  which  garri- 
son the  iMtrenehments  of  your  capital,  fifty  thousand 
strong,  were  all  witndrawn,  the  Rebel  bands  who  this 
day  infest  the  mountain  passes  in  your  vicinity  would 
allow  this  Court,  or  any  Court,  to  remain  ojien  in  this 
District  for  the  trial  of  these  their  confederates,  or 
would  permit  your  executive  oliicers  to  discharge  the 
trust  committed  to  them,  lor  twenty-four  hours'? 

At  the  time  this  conspiracy  was  entered  into,  and 
when  this  Court  was  convened  and  entered  upon  this 
trial,  the  country  was  in  a  state  ot  civil  war.  An  army 
of  insnrreetionists  have,  since  tiiis  trial  begun,  shed 
the  blood  of  Union  soldiers  in  battle.  'Ihecohcpirator, 
by  vviiose  hand  his  co-conspirators,  whether  present  or 
absent,  jointly  murdered  the  Pres  dent  on  the  14th  of 
last  April,  conid  not  be  and  was  not  arrested  upon 
civil  process,  but  was  pursued  by  the  military  power 
of  the  Government,  captured  and  slain.  Was  this 
an  act  of  usurpation,  a  violation  of  the  light  guaran- 
tied to  that  fleeing  assassin  by  the  very  Constitution 
against  which  and  for  the  subversion  of  "wiiicli  he  had 
conspired  and  murdered  the  President?  Who  in  all 
this  land  is  bold  euough  or  ba.=e  enough  to  assert  it? 

I  would  be  glad  to  know  by  what  law  the  President, 
by  a  military  force,  acting  only  upon  his  military 
orders,  is  justified  in  pursuing,  arresting,  and  killing 
one  of  tiiese  conspirators,  and  is  condemned  lor  arrest- 
ing in  like  manner,  and  by  his  order  subject  in:;  to  trial, 
according  to  the  laws  of  war.  any  or  all  of  the  other 
parties  to  tills  same  damnable  conspiracy  and  crime, 
b.v  a  military  tribunal  of  justice;  a  tribunal,  I  may  be 
pardoned  for  saying,  whose  integrity  and  impartiality 
are  above  suspicion,  and  pass  unchallenged  even  by 
the  accused  tliemselves. 

The  argument  against  the  jurisdiction  of  this  court 
rests  upon  the  assumption  that  even  in  time  of  insur- 
rection and  civil  war,  no  crimes  are  cognizable  and 
punishable  by  military  commission  or  court-martial, 
savecrimis  commitied  in  the  military  or  naval  ser- 
vice oi  the  United  States,  or  in  themilitiaof  the  seve- 
ral States  when  c.tUed  into  the  actual  service  of  the 
United  states.  But  that  is  not  all  the  argument;  it 
affirms  ihai  under  this  plea  to  the  jurisdiction,  the  ac- 
cused have  the  right  to  demand  that  this  court  shall 
decide  that  it  is  not  a  judicial  tribunal  and  has  no  legal 
existence. 


TRIAL    OF   THE   ASSASSINS  AT  WASHINGTON.        175 


This  is  a  most  extraordinary  croposition:  that  the 
President,  uiiUer  the  Constitution  anil  laws  of  the 
Unitt'd  states,  was  not  only  not  authorized  but  abso- 
lutely forbidden  to  constitute  this  court  for  the  trial  of 
the  accused,  and.  therefore,  the  act  of  the  President  is 
vo  d,  and  the  gentlemen  who  compose  the  tribunal 
■witliouc  iiidicial  authority  or  power,  and  are  not  in  fact 
or  ill  law  a  court. 

That  1  do  not  misstate  what  is  claimed  and  at- 
tempted to  be  established  on  behalf  of  the  accused,  I 
a'-ktheaitention  of  the  Court  to  tue  following  as  the 
gentleman's  (Mr.  Johnsons)  nropositions:— 

Thaic  n,:jress  has  not  authorized,  and,  under  the 
Consttulion,  cannot  authorize  the  appointment  of 
this  Commission. 

'J  hut  this  Commission  has,  "as  a  Court,  no  legal  ex- 
istence or  authority,'  because  the  Pres.deiU,  who 
alone  appointed  theCommission,  has  no  such  power. 

That  his  act  'is  a  mi  re  nullity,  the  usurpation  of  a 
power  not  vested  in  the  Kxecutive,  and  coiiierring  no 
authuiiiy  ii|)on  you.' 

We  lia\  e  had  no  common  e.\hibition  of  law  learning 
in  ih.s  defense,  prepared  by  a  iSenaior  of  the  Uinied 
Stales;  luitwiih  all  his  experience,  and  all  liis  learn- 
in.if,  and  aclcuowledged  ability,  he  has  lailed,  uttei  ly 
failed,  to  show  how  a  tribunal  con  .tituted  and  sworn, 
as  this  Jias  been,  to  duly  try  and  determine  the  charije 
and  speciiication  against  the  accused,  and  by  its  Com- 
mission not  ajtiiorized  to  hear  or  determine  any  other 
issues  wua. ever,  can  righ  fully  entertain,  or  can  by 
any  possibilit.y  pass  upon,  the  proposition  presented  by 
th  s  argument  oi  the  gentleman  lor  its  consideration. 

'llie  numL-ers  of  this  Court  are  olliccrs  in  the 
arm.v  oi  the  United  States,  and  by  order  of  the  Presi- 
dent, as  Commander-in-Chief,  are  required  to  dis- 
charge this  duty,  and  are  authorized  in  this  capacity  to 
dis  liaige  no  oiherdiuy,  to  exercise  n;i  other  .iudieial 
power.  Cf  course,  if  the  commission  of  the  President 
constitutes  this  a  Court  fur  the  trial  of  this  case  only, 
as  such  Court  it  is  competent  to  decide  all  question^  of 
law  and  lact  ari.siiig  m  the  trial  of  the  case.  But  this 
Court  ha  ;  no  power,  i;3  a  Court,  to  declare  the  autho 
rity  by  which  it  was  constituted  nu.l  and  void  and  the 
act  of  tlje  I'resideiu  a  mere  nullity,  a  usurpation.  Has 
it  been  snown  by  the  learned  "gentleman  who  de- 
mands tlitil  Ih.s  Court  shall  so  decide,  that  ollicers  oi 
the  arm.v  may  lawfully  and  constitutionally  question 
in  ihisnjaiiiieriheirdersof  their  Com  maudcr-in-Chief, 
disobey,  si.'t  them  aside  a'  d  declare  them  a  nuUit.v  and 
a  usiirpaiion?  liven  if  it  be  conceded  that  the  olBcers 
thus  detailed  byorderol  theCommandcr-in-Chiefmay 
question  and  utterly  disregard  his  order  and  set  aside 
his  authority,  is  it  j;ossible,  in  the  nature  of  things, 
thai  any  bi.dy  of  men,  coiisiiiuted  and  qu  lilied  as  a 
tribunal  or  justice,  can  sit  in  judgment  upon  thepro- 
posiLi<;n  that  tliey  are  not  a  Court  lor  any  purpose, 
and  finall.y  dec, do  judicially,  as  a  Court,  that  the  t;o- 
veinmeiit  which  appointed  them  was  without  autho- 
rit;. '.'  Why  not  crown  the  absurdity  of  this  proposi- 
tion tiy  askiii.g  th(>  several  members  of  this  Court  to 
determine  tliat  they  are  not  men.  living  intelligent, 
responsible  men"?  'th;s  won  d  be  no  more  irrational 
than  th._' quislion  upon  whlcli  they  are  a  lied  to  pass. 
Plow  can  any  sensible  m;;n  entertain  it?  Pefore  he 
begins  to  reason  upon  theproposition  hemust  lake  lor 
granted,  and  there. ore  decide  in  advance  the  very 
question  in  dis|.ute,  to  wit,  his  actual  existence. 

So  Willi  the  question  presented  in  this  remarkable 
argument  lor  thode.ense.  Be, ore  this  Court  can  enter 
upon  ihe  inquiry  oi  the  want  of  authority  in  the  Presi- 
dent to  consli'.ute  them  a  Court,  they  "must  take  for 
granted  and  decide  the  very  point  in  issue,  that  tlie 
Pri'sidenl  had  the  autlioritj",  and  that  they  are,  in  law 
and  in  fait,  a  judicial  tribunal;  and,  having  assumed 
this,  they  are  gravely  asked,  as  such  judicial  tribunal, 
to  linaliy  and  solemnly  decide  and  declare  that  they 
are  not  in  laet  or  in  law  a  judicial  tribunal,  buta  mere 
null  ty  and  nonentity.  A  most  lame  and  impotent 
cojiclusiiin! 

As  the  learned  counsel  seems  to  have  great  reverence 
for  judicial  authority,  and  requires  iireceuent  forever.v 
opinion.  I  may  be  pardoned  lor  saying  that  the  objec- 
tion which  J.  urge  against  the  possibility  of  any  judi- 
cial tribunal,  alter  being  ollicialiy  quafified  as  such, 
entrrtaiiiin  r.  much  less  judicially  deciding,  the  propo- 
sition that  it  has  no  legal  e.xisteiice  as  a  Court,  and  that 
the  1  pi-oinlment  was  a  usurpation  and  without  autho- 
rity or  law,  has  been  solemnly  ruled  by  the  Supreme 
Court  ol  Ihe  United  States. 

Th.at  Court  say:— 'The  acceptance  of  the  judicial  office 
is  a  recognition  of  the  (i](//ici»-if^  from  which  it  is  de- 
rived li  a  court  should  enter  upon  the  inquiry 
(wuelher  the  (latiioritii  of  the  Coverument  which  esta- 
blishi  d  it  existed),  and  shou.d  come  to  the  conclusion 
thai  the  Government  under  which  it  acted  had  been 
ptn  aside  1 1  Would  cease  to  be  a  court  and  be  inc.apullr 
of  pronouncing  a  judicial  decision  ujion  the  quesiion  it 
underteok  totry.  If  it  decides  at  all,  as  a  court,  it  ne- 
cessarily jdQrms  the  existence  and  uuthority  of  the 
Government  under  which  it  is  exercising  judicial 
power."— (iu/ftf/-  vx.  Borden,!  Howard. W.) 

That  is  ttie  very  question  raised  by  the  learnedgcn- 
tleman  in  his  argument,  that  there  was  no  author,!)/ 
in  the  President,  b.v  whose  act  alone  tnis  triliuiial  was 
constiuilcd.  to  vest  it  with  judicial 'Ipower  to  try  this 
iasae.  and  by  the  order  upou  your  record,  as  has  al- 


ready been  shown,  if  you  have  no  power  to  try  this 
issue  for  want  of  authority  in  the  Commander-in- 
Chief  to  ci.nsiilute  you  a  Lourt,  you  are  no  Court  and 
have  no  power  to  try  any  issue,  because  his  order 
limits  you  to  this  issue,  and  this  alone. 

It  requires  no  very  proiound  legal  attainments  to 
apply  the  ruling  of  the  highest  judicial  tribunal  of  this 
country  just  cited,  to  the  point  raised,  not  by  the 
pleadings,  but  by  theargumeni,  This  Court  exists  as 
a  judicial  tribunal  by  authority  only  of  the  President 
of  the  United  States;  the  acceptance  of  the  ollice  is  aa 
acknowledgment  ol  the  validity  of  the  authority  con- 
lerring  it.  and  if  the  President  had  no  authority  to 
order,  direct  and  constitute  tuis  Court  totry  the  ac- 
cused, and.  as  i,  claimed,  did.  in  so  constitiitin".g  it.  per- 
form iin  unconstitutional  and  illegal  act.  it  necessa- 
ril.v  results  that  the  order  of  the  President  is  void  and 
of  no  effect;  that  the  order  did  not  and  could  not  con- 
stitute this  a  tribunal  ofjustice,  and  lliereiore  its  mem- 
bers are  incapable  of  pronouncing  a  judicial  decision 
upon  the  question  presented. 

There  is  a  marked  distinction  between  the  question 
here  presented  and  Ihat'raised  by  a  plea  to  the  juris- 
diction of  a  tribunal  whose  existence  as  a  Court  is  nei- 
ther questioned  nor  denied.  Here  it  is  argued,  through 
many  pages,  bi'  a  learned  .Senator  and  a  distinguished 
law.ver,  that  the  order  of  the  President,  by  whose  au- 
thorit.v  alone  this  Court  is  constituted  a  tritiunal  of 
military  justice  is  unlawlul:  it  unlawiul  it  is  void  and 
of  no  ehect,  and  has  created  no  court;  ihere:ore  this 
body,  not  being  a  court,  can  have  no  more  power  as  a 
court  to  decide  any  question  whatever  than  have  its 
individual  membirs  power  to  decide  that  they  as  men 
do  not  in  laet  exist. 

It  is  a  maxim  of  the  common  law— the  perfection  of 
human  reason— that  what  is  impossible  the  law  re- 
quires of  no  man. 

How  can  it  be  possible  that  a  judicial  tribunal  can 
decide  the  question  that  it  does  not  exist  any  more 
than  that  a  rational  man  can  decide  that  he  does  not 
exist? 

Tiie  absurdity  of  theproposition  so  elaborately  urged 
upon  the  consideration  ol  inis  C'.iurt  cannot  be  saved 
Ironi  the  ridicule  and  contempt  of  sensible  men  by  the 
pretense  that  the  Court  is  not  asked  judicially  todecide 
that  It  is  not  a  court,  but  onl.y  thai  it  has  no  jurisdic- 
tion; lor  it  is  a  laet  not  to  beden.edthat  the  whole 
argument  lor  the  dolenseon  thi  pointisthat  thePresi- 
deiit  had  not  the  lawlul  authority  to  is  ue  the  order  by 
which  alone  this  Court  is  const  ituted,  and  that  the  order 
for  its  creation  is  null  and  void. 

Oentlemen  might  as  well  ;  sk  the  Supreme  Court  of 
the  United  States,  upon  aplea  to  the  jurisdiction,  to  de- 
cide as  a  t  ourt  that  the  President  had  no  lawlul  autho- 
iii.y  to  nominate  tlie  Judges  thereof  severally  to  the 
Senate,  and  that  the  Senate  had  no  lawful  aiith^ty 
to  advise  and  consent  to  their  appoiDtment?*as 
to  ask  this  Court  to  decide  as  a  Court  that  the 
order  of  the  President  of  the  United  States 
constituting  it  a  tribunal  for  the  sole  purpose  of  this 
trial  was  not  only  without  authorit.vollaw,  but  against 
and  in  violation  ot  law.  If  this  Courtis  not  a  lawful 
tiibunal.it  has  no  existence,  and  can  no  more  speak 
as  a  court  than  the  dead,  much  less  jironounce  the 
judgment  required  at  its  hands,  that  it  is  not  a  court, 
and  that  the  President  of  the  United  States,  in  consti- 
tuting It  such  to  try  the  question  iippn  the  charge  and 
specification  iireierred.  has  transcended  his  authority, 
and  violated  his  oath  ol  ollice. 

Before  passing  from  the  consideration  of  the  propo- 
sition of  the  learned  Senator  that  thiis  is  not  a  court,  it 
is  fit  that  I  should  notice  that  another  of  the  counsel 
for  the  accused  (Mr.  Ewing)  has  also  advanced  the 
same  opinion,  certainly  with  more  directness  and 
candor,  and  without  an.y  qualification.  His  statement 
is,  "  Vou,"  gentlemen,  "are  no  court  under  the  Consti- 
tution." This  remark  of  the  gentlemau  cannot  tail  to 
excite  surprise,  when  it  is  remembered  that  the  gen- 
tleman, not  many  months  since,  was  a  General  in  the 
service  of  the  country,  and  as  such,  in  his  Pepartment 
in  the  West,  jiruclaimed  and  enforced  martial  law  by 
the  constitution  of  military  tribunals  for  the  trial  of 
Citizens  not  in  the  land  or  naval  lorces,  but  who  were 
guilty  of  military  offenses,  for  which  he  deemed  thetn 
justly  punishable  before  military  courts,  and  accord- 
ingly he  punished  them.  Is  the  gentleman  iiuitesure, 
when  that  account  comes  to  be  rendered  lor  these  al- 
leged unconstitutional  assumptions  ol  power,  that  he 
will  not  have  to  answer  lor  more  of  these  alleged 
violations  of  the  rights  of  citizens  by  illegal  ar- 
rests, convictions  and  executions  than  any  of 
the  members  of  this  Court?  In  support  of  his  opinion 
that  this  is  no  Court,  the  gmitleman  cites  the  :5d  article 
of  the  Constitution,  which  provides  "that  the  judicial 
power  of  the  United  Slates  shall  be  ve  ted  in  one  su- 
preme court,  and  such  inferior  courts  as  Congress  may 
establish,"  the  juages  whereof  "shall  hold  their  offices 
during  good  behavior." 

It  is  a  sufficient  answi  r  to  say  to  the  gentleman,  that 
the  power  of  this  Government  to  try  and  punish  mili- 
tary ollenses  by  military  tribunals  is  no  part  of  the 
"judicial  power  of  the  United  Stales,"  under  the  3d  ar- 
ticle of  the  Constitution,  but  a  power  conierred  by  the 
8th  section  of  the  1st  article,  and  so  it  has  fieen  ruled 
bv  the  .<upren2e  l  'ourt  in  l)yr>x  vs.  Hoovrr,  20  Howard 
78.    I!  this  power  is  so  conierred  by  thebth  section,  a 


17G 


TRIAL   OF  THE   ASSASSINS  AT    WASHIXGTOX. 


military  rourt  authorizerl  by  Congress,  and  constituted 
as  til. s  lias  been  to  try  all  persons  (or  military  crimes 
in  time  or  war  though  not  exercising  "the  Judicial 
power  ■  provided  Cor  in  the  ;!d  article,  is  nevertheless  ii 
court  as  constitutional  as  the  Supreme  Court  Itself. 
The  penileman  adaiiis  this  to  theexi«nt  of  the  trial, 
by  courts-martial,  of  persons  in  the  military  or  naval 
service,  and  by  admit'inxit,  he  gives  up  "the  point. 
1  here  is  no,rxprf-ss  gram  forany  such  tribunal,  and  the 
power  to  establish  such  n.  court,  therelbre,  is  impU:d 
from  the  provisions  of  Uhe  8th  section.  1st  ar;icle,  that 
''Concress  shall  have  power  to  provide  and  maintain  a 
nav.v."  and  also  'to  make  rules  (or  the  povernment  ot 
the  land  and  naval  lorces.'  From  these  grants  tha 
Supreme  Co\irt  inler  the  power  to  establish  courts-mar- 
tial, and  from  the  srants  in  the  same  8th  section, 
as  I  shall  notice  hereaitcr.  that  "Congress  shall  have 
power  to  declare  war."  and  "to  pass  all  laws  necessary 
and  proper  to. carry  this  and  all  other  powers  into 
effect."  it  is  necessarily  implied  that  in  time  of  war 
Congress  may  authorize  military  commissions  to  try 
allcr.mes  committed  in  aid  of  "tnejmblic  enemy,  as 
such  tribunals  are  necessary  tofjiveetlect  to  the  power 
to  make  war  and  suppress  insurrection. 

Inasmucu  as  the  gentleman  (G.;neral  Ewing)  for 
Whom,  personally,  I  havealiigh  regard,  as  the  mili- 
tary commander  of  a  Western  DepaTment  made  a 
liberal  p.\ercis"e.  under  theorderoftneCommande;'  in- 
Chief  of  the  araiy,  of  this  power  to  arrest  and  try  mili- 
tnry  offenders  not  in  the  land  or  naval  forces  of  the 
United  states,  and  inUicted  upon  them,  as  I  am  in- 
formed, the  extreme  penally  of  the  law  by  virtue  of 
his  military  jurisdic;ion.  I  wish  to  know  whether  he 
proposes,  by  his  proclamation  olthe  personal  responsi- 
bility awaiiing  all  such  usurpations  of  judicial  autho- 
rity, that  he  himself  shall  be  subjected  to  tbesame 
stern  jud^jmont  which  he  invokes  against  otheis; 
that,  in  short,  he  shall  be  drawn  and  quartered  for  in- 
flicting the  extreme  penalties  of  the  law  upon  citizens 
of  t!ie  United  Stutes  in  violation  of  the  Constitution 
and  laws  oi  h's  country?  I  trust  that  his  error  of  judg- 
ment in  pronouncing  this  military  jurisdiction  a  usur- 
pation and  violation  of  the  Constitution  may  not  rise 
up  injudgment  tocoiidemn  him. and  that  he  may 
never  be  subjected  to  pains  and  penalties  for  having 
done  his  duty  hereto'ore  in  exercising  this  righllul  au- 
thority, and  in  bringing  to  judgment  those  who  con- 
spired against  the  lives  and  liberties  of  the  people. 

Here  i  might  leave  th  s  question,  committing  it  to 
the  c.iantable  speeciies  of  men.  but  for  the  fact  that 
the  learned  counsel  has  been  more  careful  in  his  extia- 
ordinary  ar;;ument  to  denounce  the  President  as  a 
usurper  than  to  show  how  the  Court  could  possibly  de- 
cide tijat  it  hai  no  judicial  existence,  and  j-et  that  it 
ha^ud.cial  exi-  fence. 

.^p-epreseniaiivGof  the  people  and  of  the  rights  of 
the  peop'e  before  this  Court,  by  the  appointment  oi  the 
President,  and  which  appointment  was  neither  sought 
by  me  nor  desired,  I  cannot  allow  all  that  has  here 
been  said  by  way  of  denunciation  of  the  murdered 
Pres'dent  and  his  successor  to  pass  unnoticed.  This 
has  been  made  tiie  occasion  by  the  learned  counsel, 
Mr.  Johnson,  to  volunteer,  not"  to  defend  the  accused, 
Mar.v  E.  Surrait,  net  to  make  a  judicial  argument  in 
hcrbeiialf.  but  to  make  a  political  harangue,  a  partisan 
speech  against  his  Government  and  country,  and 
thereby  swell  the  gry  of  the  armed  legions  of  sedition 
and  rebe.iion  tuat  but  yesterday  shook  the  heavens 
with  their  in. ernal  enginery  of  treason  and  filled  the 
habitations  of  the  people  with  death.  As  the  k^^v  for- 
bids aSenatcr  of  the  United  States  to  receive  compen 
sation.or  fee,  lor  defending, -n  cases  belbre  civil  or 
military  commissions,  the  gentleman  volunteers  to 
make  a  speech  beiore  this  Court,  in  which  he  de- 
nounces the  action  oi  the  Executive  Department  in 
proclaimin;  and  executing  niariial  law  against  Kebels 
m  arms,  tjeir  aiders  and  abettors,  as  a  usurpation  and 
a  tyranny.  I  deem  it  my  duty  to  r^ply  to  this  denun- 
ciation, not  for  the  purpose  of  presenting  thereby  any 
question  lot  the  decision  of  this  Court,  for  Iliave 
shown  that  the  argument  of  the  gentleman  presents 
no  question  for  its  decision  as  a  Court,  but  to  repel,  as 
far  as  I  may  be  able,  the  unjust  aspersion  attempted 
to  be  cast  upon  the  memory  of  our  dead  President  and 
upon  li)eoliici..l  cond  .ct  of  his  successor. 

I  projiose  now  to  answer  fully  all  that  the  gentleman 
(Mr.  .lohnson)  has  said  of  the  want  of  jurisdiction  in 
this  Court,  and  of  the  alleged  usurpation  and  tyranny 
of  the  l^xe^utive,  that  the  enlightened  public  opinion, 
to  which  he  appeals,  may  decide  whether  all  this  de- 
Dunciutiou  is  just;  whether,  indeed,  conspiring  against 
the  whole  jieople.  and  con  ederation  and  agreement  in 
aid  01  insurrection  to  murder  all  the  executive  ollicers 
of  the  Government,  cannot  be  checked  or  arrested  by 
the  executive  power.  Let  the  people  decide  this  ques- 
tion, and  in  doing  >o.  let  them  i)ass  upon  the  action  or 
the  Senator  as  well  as  upon  the  action  of  those  whom 
he  so  arrogantly  arraigns.  His  plea  in  behalf  of  an  ex- 
piring and  shattered  rebellion  is  a  lit  subject  for  public 
consideration  and  lor  public  condemnation. 

Let  that  people  also  note,  that  while  the  learned  gen- 
tleman (Jlr.  Johnson),  as  a  volunteer,  without  pay. 
thus  condemns  as  a  usurpation  the  means  employed  so 
eflectually  to  suppress  this  gigantic  insurrection,  the 
Kew  York  A'cicx.  whose i>roprictor,  Cenjamin  Wood,  is 
ehowu,  by  the  tesiimouy  upon  your  record,  to  have 


received  from  the  agents  of  the  Rebellion  twenty-five 
thousand  dollars,  rushes  into  the  lisstochamcion  the 
c_use  of  the  Rebellion,  its  aiders  and  abettors,  by  fol- 
lowing to  the  letter  his  colleague  (Mr.  Johnson*,  and 
with  greater  plainness  ot  speech,  and  a  fervor  intensi- 
fied, doubtless,  by  the  twenty  five  thousand  dollars 
received,  and  the  hope  of  more,  dencnnrestii.^  Court  as 
a  usurpation,  and  threatens  the  memberswith  the  con- 
sequences: 

The  argument  of  the  gentleman  to  which  the  Court 
has  listened  so  patiently  and  so  long  i,  but  an  attempt 
to  show  that  it  is  unconstitutional  lor  t lie  Government 
of  the  United  States  to  arrest  upon  mil.tary  order,  and 
try  be:ore  military  tribunals,  and  punish  upon  convic- 
tion, in  accordance  with  the  lawsof  war  and  theusages 
ofna  ions,  all  criminal  offenders  acting  in  aid  of  the 
existing  Rebellion.  It  does  seem  to  me  that  the  speech 
in  its  toneand  temper  is  the  same  as  that  winch  the 
country  has  heard  lor  the  last  four  years,  uttered  by  the 
armed  Rebels  themselves  and  by  their  apoloiists, 
averring  thai«itvvas  unconstitutional  lor  the  Govern- 
ment oi  the  Unittd  States  to  defend  by  ."irms  its  own 
right  ul  authority  and  the  supremacy  Oi'its  laws. 

It  issisclearly  the  right  of  the  Republic  to  live  and 
to  de  end  its  liiC  unlii  )t  forfeits  tiiat  right  by  crime  as 
it  is  the  r  ghi  ot  the  individual  to  l.ve  so  long  a-  God 
giv.  s  liiniiiie,  unless  he  lorleits  that  right  by  crime. 
I  make  no  argumentto  support  this  proposition.  Who 
is  there  here  or  elsewhere  to  cast  ti.e  reproacli  upon 
my  country  that  for  her  crimes  she  must  die."  Young- 
est born  ot  the  nations:  is  she  not  immortal  bv  all  the 
dread  memories  of  tiie  past,  by  that  sublime  and 
voluntary  sacrifice  of  toe  present,  in  which  the  bravest 
ami  noblest  of  her  sons  have  laid  down  their  lives  that 
siiem;ght  live,  giving  their  serene  brows  to  the  dust  of 
tne  grave,  and  lifting  their  hands  ibr  the  last  lime 
amidst  the  consuming  fires  of  battle!  I  assume,  for  the 
purposes  of  this  argument,  that  self. defense  is  as 
c  early  the  right  of  nations  as  it  is  the  acknowledged 
right  of  men  that  the  American  people  may  do  in  the 
defence  and  maintenance  ot  their  own  rightful  au- 
thority against  organized  aimed  rebels,  liieir  aiders 
and  abettors,  whatever  free  and  independent  nations 
anywhere  upon  this  globe,  in  time  ot  war,  may  of  right 
do. 

All  this  is  substantially  denied  by  the  gentleman  in 
the  remarkable  argument  which  he  has  here  made. 
Tiiere  IS  nothing  furtlier  from  my  purpose  than  to  do 
injustice  to  the  learned  gen.  lemaii  tu-  to  his  elaborate 
a:id  ingenious  argument.  To  justiiv  what  I  have  al- 
ready said.  I  maybe  permitted  here  to  remind  the 
Court  t;iat  nothing  is  said  by  tne  counsel  touching  the 
coiiuuct  ot  tne  accused,  iSJary  E.  feurratt,  as  shown  by 
the  testimony;  that  he  makes  con  ession  at  tueend  of 
his  arraignment  of  the  Government  aud  country,  that 
he  has  not  made  .such  argument,  and  that  ho  Haves  it 
t J  b  !  made  by  her  other  counsel.  He  does  take  care, 
however,  to  arraign  the  country  and  thefiovernment 
lor  conducting  a  trial  with  closed  doois  and  beiore  a 
secret  tribunal,  and  compares  the  proceedings  ot  this 
Court  to  the  Spanish  Inquisition,  using  the  strnngest 
words  at  his  command  to  iniensi.y  the  horror  which 
hesupposes  hisannouncement  will  excite  throughout 
tne  Civilized  world. 

Was  this  dealing  fairly  by  this  Government?  Was 
thire  anything  iu  the  conduct  of  tne  ))roceedings  here 
thut  justiiied  any  such  reman;?  Has  this  been  li  secret 
trial?  Has  it  not  been  conducted  in  opoii  d  .y,  iu  the 
presence  of  the  accused,  and  in  tne  presence  oi  seven 
gentlemen  learned  in  tlielaw,  who  appeared  from  day 
to  day  as  their  counsel?  Were  thfy  not  in.ormedof 
the  accusation  against  them?  Wtrelhey  depi  ived  of 
the  right  of  challenge?  Was  it  notsecurcd  to  them  by 
law,  and  were  they  not  asked  to  exercise  it?  Has  any 
part  of  the  evidence  been  suppressed?  Have  not  all 
tne  proceedings  been  published  to  the  world?  What, 
then,  was  done,  or  intended  to  be  done,  by  the  Govern- 
ment wnich  justifies  this  clamor  about  a  Spanish  In- 
quisit  on? 

That  a  people  assailed  by  organized  treason  over  an 
ex.enl  of  ttrritory  halt  as  large  as  the  continent  of 
Europe,  and  assailed  in  their  very  capital  by  secret  as- 
sassins banded  together  and  hired  to  do  the  work  of 
murder  by  the  instigation  oi  these  conspirators,  may 
not  be  permitted  to  make  inquiry,  even  with  closed 
doors,  touching  the  nature  and  extent  of  tne  organiza- 
tion, ought  not  to  be  asserted  b.v  any  gentleman  who 
maKCS  tne  least  pretensions  to  any  knowiedge  ot  the 
law,  e.tlier  common,  civil  or  miliiary.  Wno  does  not 
know  that  at  the  common  law  all  inqiiislLion  touching 
crimes  and  misdemeanors,  preparatory  to  indictment 
l)y  the  grand  inquest  of  the  state,  is  made  with  closed 
duors? 

in  this  trial,  no  parties  accused,  nor  their  counsel, 
nor  the  reporters  of  this  Court,  were  at  anytime  ex- 
cluded irom  its  deliberations  when  any  testimony  was 
being  taken;  nor  has  there  beeu  any  tesiimony  taken 
in  the  case  with  closed  doors,  save  that  ot  a  tew  wit- 
nesses, who  testified,  not  in  regard  to  the  accused  or 
either  01  them,  but  in  respect  to  the  traitors  and  con- 
sp  rators  not  on  trial,  who  were  alleged  to  have  incited 
t. lis  crime.  Who  is  there  to  say  that  the  American 
people,  in  limeof  armed  Rebellion  and  Civil  war,  have 
not  the  right  to  make  such  e.xamination  as  secretly  as 
they  may  deem  necessary,  either  in  a  military  or  civU 
court? 


TRIAL   OF   THE   ASSASSINS   AT  WASniNGTOX. 


177 


I  have  said  this,  not  by  way  of  apology  for  anything 
tlje  c;overnjiient  has  done  or  attempted  to  do  iniu*-' 
progress  of  this  trial,  but  to  expose  the  animus  ofthe 
argument,  and  to  repel  tlie  accusation  against  my 
country  sent  out  to  the  world  by  the  counsel.  From 
auytliing  that  he  lias  said.  I  have  yet  to  Itarn  that  tue 
American  people  have  not  th'.;  right  to  make  their  in- 
quiries secretly,  touching  a  general  conspiracy  in  aid 
of  an  ex  sting  rebe  lion,  which  involves  their  na- 
tionality and  the  peace  and  security  oiall. 

Thegentlemun  tlien  enter;  inlou"  Icarnrd  argument 
for  the  purpose  of  showing  that,  by  the  Cons 'tuLion, 
the  peop  e  of  the  United  btaies  cannot,  in  war  or  in 
peace,  subiect  any  person  lo  trial  before  a  unlitary 
tribunal.  wha:ever  nia.v  be  his  crime  or  ouense,  unless 
such  (jerson  be  in  the  military  or  naval  service  of  the 
United  States.  'Iheconduet  of  this  argument  is  as  re- 
markable as  its  assaults  upon  the  Government  are 
UQW.irraated.  and  its  insinuations  about  the  revival 
ot  the  inciuisition  and  secret  trials  are  inexcusable. 
The  Court  will  iioiice  that  the  argument,  from  the  be- 
ginning almost  to  its  conclusion,  insists  that  no  person 
is  liab  e  to  ■  e  tried  by  military  or  martial  I  -w  before  a 
military  tribunal,  save  those  in  tlieland  and  naval 
service  of  the  Un  ted  States.  I  repeat,  the  conductor 
this  argument  ofthe  gentleman  is  remarkable.  As  an 
instance.  I  ask  the  atieniion,  not  only  ot  this  Cuurt, 
bul'of  that  public  whom  he  has  ventured  t  >  address  in 
tinstone  and  temp:T.  to  the  autnonty  of  the  distin- 
guished Chancellor  Kent,  whose  great  name  the  coun- 
sel has  endeavored  to  press  into  liis  service  in  support 
of  his  general  propositon,  that  no  person  savo  those 
ill  the  military  or  naval  serv  ce  of  the  United  States 
Is  liable  to  be  tried  (or  any  crime  whatever,  either  in 
peace  or  in  war.  before  a  military  triliuiial. 

The  language  of  the  gentleman,  aittr  citing  the  pro- 
vision of  the  Constitution,  'that  no  person  shall  be 
held  to  answer  lor  a  capital  or  otberwise  infamous 
crime  unless  on  a  presentment  or  indictment  of  a 
grand  jury,  except  in  ciises  arising  in  the  landornaval 
forces,  or  in  the  militia,  when  in  actual  service  in  time 
of  War  or  public  danger,"  is  "that  this  exception  is  de- 
signed to  leave  in  ibrce,  not  to  enlarge,  thejiower 
vested  in  Congress  by  the  original  Constitution  to 
make  rules  (or  the  government^and  regulation  of  the 
land  and  naval  (brces  ;  that  the  land  or  naval  forces 
are  the  terms  used  in  both,  have  the  same  meaning, 
and  until  lately  have  been  supposed  by  every  com- 
mentator aiid  judge  to  exclude  from  military  jurisdic- 
tion offenses  committed  by  citizens  not  belonging  to 
such  forces.'  Ihe  learned  gentleman  then  adds:— 
"Kent,  in  a  note  to  his  1st  Commentaries,  341,  states, 
and  with  accuracy,  that  'military  and  naval  crimes 
and  offenses,  committed  while  the  party  is  attached  to 
and  under  the  immediate  authority  of  thearmyand 
navy  of  the  United  States  and  in  actual  service,  are 
not  cognizable  under  the  common  law  jurisdiction  of 
the  criuns  of  the  United  States.' "  I  ask  this  Court  to 
bear  in  mind  that  tliis  is  the  only  passage  winch  ho 
quotes  from  this  note  of  Kent  in  his  argument,  and 
that  no  man  possessed  of  common  sense,  however 
destitute  he  may  be  of  the  exact  and  varied  learning 
in  the  law  to  which  the  gentleman  ma.v  r.gluailly 
lay  claim,  can  for  a  moment  entertain  the  opiuion 
that  the  distinguished  Chancellor  of  New  York,  in  the 
passai;e  just  cited,  intimates  any  such  thing  as  the 
counsel  asserts  that  the  Constitution  excludes  from 
military  jurisdiction  olienses  committed  by  citizens 
not  belonging  to  the  land  or  naval  lorces. 

Who  can  fail  to  see  that  Chancellor  Kent,  by  the 
passage  cited,  only  decides  that  military  and  naval 
crimes  and  oflienses  committed  by  a  party  attached  to 
and  under  the  immediate  authority  of  the  Army  and 
Kavyoithe  United  States  and  in  actual  service,  are 
not  cognizable  under  the  common  law  jurisdiction 
of  the  Courts  of  the  United  States?  lie  only  says 
they  are  not  cjgnizable  under  its  common  law  juris- 
diction ;  but  by  that  he  does  not  say  or  intimate,  what 
Is  attempted  to  be  said  by  the  counsel  tor  him,  that 
"allcnmes  committed  by  citizens  are  by  the  Constitu- 
tion excluded  from  militar.v  jurisdiction,"  and  that  the 
perpetrators  of  them  can  under  no  circumstances  he 
tried  beibro  military  tribunals.  Yet  the  counsel  ven- 
tures to  proceed,  standing  upon  this  passage  quoted 
from  Kent,  to  say  lliat,  "  according  to  tlil.i  great  autho- 
rit.v,  every  other  class  of  persons  and  every  other  spe- 
cies of  ofienses  are  within  the  lurisdiction  ot  tue  civil 
Courts,  and  entitled  to  the  protection  ofthe  proceeding 
by  presentment  or  indictment  and  the  puolic  trial  in 
such  a  Court." 

Whatever  that  great  authority  may  have  said  else- 
where, it  is  Very  doubtful  whether  any  candid  man  in 
America  will  be  able  to  come  to  the  very  learned  and 
astute  conclusion  that  Chancellor  Kent  has  sostated  in 
the  note  or  any  part  of  the  note  which  the  gentleman 
has  just  cited.  If  he  has  said  it  elsewhere,  it  la  for  the 
gentleman,  if  he  relies  upon  Kent  lor  authority,  to  pro- 
duce the  passage.  But  was  it  (air  treatment  of  this 
"  great  authority"— was  it  not  taking  an  unwarrantable 
privilege  with  the  distinguished  chancellor,  and  his 
great  work,  the  enduring  monument  of  his  learning 
and  genius,  to  so  mutilate  the  note  referred  tj.  as 
might  Isave  the  gentleman  at  liberty  to  make  his  de- 
ductions and  assertions  under  cover  of  the  great  name 
of  the  New  York  chancellor,  to  suit  the  emergency  of 
his  case,  b^  omitting  the  lollowing  passage)  whicli  oc- 


curs in  the  same  note,  and  absolnt'^lv  excludes  the 
conclusion  S0|deriantly  put  forth  by  the  co  .nsel  to 
supjjort  his  aifeument'?  In  that  note  Chancellor  Kent 
says  — 

"MUUary  law  is  a  system  of  regulations  for  the  go- 
vernment of  the  armies  in  the  service  of  ihe  United 
Slates,  authorized  b.v  the  act  of  (Jongress  of  April  lo, 
ISiiii,  known  as  the  Articles  of  War.  and  naiul  law  is  a 
similar  system  (or  the  government  of  tlie,  navy,  under 
the  act  of  Congress  of  April '23,  1800.  But  »na)/i((i  law 
is  quite  a  distinct  thing,  and  is  iOunded  upon  para- 
mount necessity,  and  proclaimed  by  a  nulilarii  chief." 

However  unsuccL'ssful,  after  this  exposure.the  gen- 
tleman appears  In  malutaining  his  monstrous  proposi- 
tion, that  the  Amercan  iieople  are  by  tueir  own  Con- 
stitution forbidden  to  try  the  aiders  and  abettors  of 
armed  traitors  and  rebellion  before  military  tribunals, 
and  subject  them,  according  to  the  laws  of  w.ir  and 
the  usages  of  nations  to  just  luniihment  fur  their 
great  crimes,  it  has  been  made  clear  from  what 
I  have  already  stated  that  he  has  been  em'nently  suc- 
cessful in  mutilating  this  beautiful  proUuoiion  of  that 
great  mind;  which  act  of  mutilation  every  one  knows  is 
violative  alike  ot  the  lawsofpeaceand  u-ar.  Even  in 
war  thedivi.ie  creations  of  art  and  the  immortal  pro- 
ductions of  genius  and  learning  aresparod. 

In  the  same  spirit,  and  it  seems  to  me  with  the  same 
uniairupss  as  that  just  noted,  the  learnel  gsiiileman 
has  very  adroitly  pressed  into  his  service,  by  an  extract 
from  the  autobiography  of  the  war-worn  veteran  »nd 
hero,  tieneral  Scott,  the  names  of  the  late  Secretary  of 
War  Mr,jMarcy,and  thelearnedex-AttorneyGeneral, 
Mr.Cushing.  This  adroit  performance  is  achieved  in 
this  way :  after  stating  the  fact  that  General  Scott  in 
Mexic  Vprnclaimed  martial  law  ibr  the  trial  and  punish- 
ment b.v  military  tribunals  of  persons  guilty  of  "assas- 
sination, murder,  and  poisoning,"  the  gentleman  pro- 
ceeds to  quote  from  the  Autobiography,  "that  this 
order,  when  handed  to  the  then  Secretary  of  War  (BIr. 
Marcy)  for  his  approval, 'xv  startle  at  the  title  (martial 
law  order)  wastheonly  cnmraeut  he  thenorevermade 
on  the  subject,'  and  that  it  was  'soon  silently  returned 
as  too  explosive  for  safe  handling.'  'A  little  later  (he 
adds)  the  Atlorney-fieneral  (Mr.  Cushing)  calli  d  and 
asked  ora  cony, and  the  law  olRcer  of  the  Govern- 
ment, whose  bujines.s  it  is  to  speak  on  a!  I  such  matters, 
was  stricken  with  Icgrti  duinhnrxs.' "  I'liereupon  the 
learned  gentleman  proceeds  to  say:  "How  much  more 
startleil  and  more  paralyzed  wnuld  these  great  men 
have  been  liad  they  been  consulted  on  .'uoh  a  commis- 
sion as  this!  A  commission  not  to  sit  in  anoi  her  country, 
and  to  try  offenses  not  provided  f  r  in  an.v  law  of  the 
United  States,  civil  or  military,  then  in  lorce,  but  in 
their  own  country  and  In  a  i>art  ot  it  where  there  are 
laws  providing  for  theirtrial  and  ijunislinient.asid  civil 
courts  clothed  with  ample  power;  lor  both,  and  in  the 
daily  and  undisturbed  exerc  se  of  their  jurisdiction." 

I  think  I  ma.v  safely  say,  without  stopping  to  make 
any  special  references,  that  the  ollicial  career  of  the 
late  Secretary  of  War  (Jlr.  IMarcy)  gave  noiinlicatioa 
that  lieeverdoubtedordeniedtlieconstitution  il  power 
of  the  American  people,  acting  through  their  duly  con- 
stituted agents,  to  do  any  act  juaified  by  the  laws  of 
war.  (or  tfie-suppression  of  a  rebellion  or  lo  repel  inva- 
sion. Certainly  there  is  nothing  in  this  extractfroca 
the  Autobiograph  J' which  justifies  anysucli  conclusion. 
He  was  startled,  we  are  told.  It  may  have  been  as 
much  the  admiration  he  had  for  the  lioldness  and  wis- 
dom ofthe  conqueror  of  Mexico  as  any  a  >liorrence  he 
h  d  for  the  trial  and  punishment  of 'assassins,  poison- 
ers, and  murderers,"  according  to  the  laws  and  usages 
of  war. 

But  theofRcial  utterances  ofthe  ex-Attorney-General 
Cu  hing,  with  which  thegentlemandouijtiess  was  fami- 
liar when  he  preparedthisaigument.bvno  meaiisjusti- 
ly  the  attempt  here  made  to  quote  him  as  authority 
against  the  proclamation  and  en  (nrcement  of  martial 
law  in  time  of  rebellion  and  civil  war.  Tfat  distin- 
guished man.  not  second  in  legal  attainments  to  any 
who  have  held  that  position,  has  leit  an  olficial 
opinion  of  record  touching  this  .subject.  Iteferring 
to  what  is  said  by  Sir  Matthew  Hale  in  his 
History  of  the  Common  Law  concerning  mar- 
tial law.  wherein  he  limits  it,  as  the  geiitlemaa 
basse  'med  by  the  whole  drift  of  his  argumentdesirous 
of  doing,  and'says  that  it  is  "notin  truth  and  ni  reality 
law,  but  something  indulged  rather  than  allowed  as  a 
law— the  necessity  of.government,  order  iin.  discipline 
in  an  arm.v,"  Jlr.  Cushing  makes  this  just  criticism: 
"This  proposition  is  a  mere  composite  blunder,  a  total 
misapprehension  of  tho matter.  Itcon.ounds  inarluil 
law  aw  A  law  mi  lit  nry.  it  ascribes  to  the  former  the  uses 
of  the  latter;  it  erroneously  assumes  that  the  govern- 
ment of  a  bod.v  of  troops  is  a  necessity  more  than  of  a 
body  of  civilians  or  citizens.  It  con  ounds-and  confuses 
all  the  relations  of  the  subject,  and  is  an  apt  illustration 
of  the  incompleteness  of-the  not  ions  of  the  common  law 
jurists  of  England  in  regard  to  matters  not  compre- 
heijded  in  that  limited  branch  of  le'jal  science.  *  *  * 
Military  law.itis  now  perfectly  uiidersteod  in  England, 
is  a  branch  of  the  law  of  the  land,  applicable  only  to 
certain  acts  of  a  particular  class  of  persons  and  admin- 
istered by  special  tribunals:  but  neither  in  that  nor  ia 
any  other  resnect  essentially  dif"ering  as  to  loundation 
in  constitutional  reason  from  admiralty,  ecclesiastical, 
or  indeed  chancery  and  common  law.    *     *    *    .11  ia 


178 


TRIAL   OF  THE  ASSASSINS  AT  WASHINGTOX. 


the  system  of  rules  for  the  government  of  the  army  and 
navy  esiablisheit  by  successiveacisofParliament.  *  * 
*  *  *  Jlaniul  law,  as  exerclsedin  any  country  by 
the  commauder  of  a  loreign  army,  is  an  element  of  the 
jus  i/elli. 

"It  is  Incidental  to  the  state  of  solemn  war,  and  ap- 
pertains to  ilie  law  of  nations.  *  *  Thus,  while 
thearmies  of  the  United  States  occupied  different  pro 
vuices  of  the  Mexican  Republic,  the  respective  com- 
manders were  not  limited  in  authority  by  auy  local 
law.  Thpy  allowed,  or  rather  required,  the  magis- 
trates otthe  country,  municipal  or  jmlicial,  to  continue 
to  administer  the  laws  of  the  country  among  their 
countrymen,  but  in  subjection,  always  to  the  niiUlary 
power,  wiiich  acted  summarily  and  according  to  dis- 
cretion, when  tlie  belligerent  interestso  the  conqueror 
required  it.  and  which  e.tercised  jurisdiction,  either 
Bummarllyor  by  means  of  military  commissions  for 
the  protection  or  the  punishmentof  citizens  of  the  Uni- 
ted istaies  in  Mexico."— Opinioiis  of  AlLonieys-General, 
vol.  viii.  ai;6.  SK). 

Mr.  t  usliing  says,  "That,  it  would  seem,  was  one  of 
the  forms  of  martial  law;'  but  he  adds,  that  such  an 
example  ot  martial  law  administered  by  a  foreign 
army  in  the  enemy's  countr.v  "does  not  enlighten  us 
in  repaid  to  the  question  of  martial  law  in  one's  own 
country,  andtas  administered  by  its  military  com- 
manders. That  is  a  case  which  the  law  of  nations  does 
not  reach.  J  ts  regulation  is  of  the  domestic  resort,  of 
the  organic  laws  of  the  country  itself,  and  regarding 
which,  as  it  happens,  there  is  no  definite  or  explicit 
legislaton  in  the  United  States,  as  there  is  none  in 
England 

"Accordingly,  in  En;land.  as  we  have  seen,  Earl 
Gre.v  assume;  that  wnen  martial  law  exists  it  has  no 
legal  origin,  hut  is  a  mere  lact  of  necessity,  to  be  legal- 
ized a'terward-i  by  a  bill  of  indemnity,  if  there  be  oc- 
casion. 1  am  not  prepared  to  say  that,  under  exist. ng 
Jaws  such  may  not  also  be  the  case  in  the  United 
Stales,  '—/fiid.  370. 

After  such  a  statement,  wherein  ex-Attorney- 
Gpneral  Gushing  very  cleariy  recognizes  the 
right  of  this  Government,  as  also  of  England, 
to  employ  martial  law  as  a  means  of  defense  in  time 
of  war,  whether  domestic  or  loreign.  he  will  be  as 
much  surprised  when.  i;e  reads  the  argument  of  the 
learned  gentleman,  wherein  he  is  described  as  being 
Btruiji<  witli  legal  dmibiiesf:  at  the  mere  mention  oi  pro- 
claiming'mariial  law,  and  its  enforcement  by  the  com- 
mander of  our  army, in  Mexico,  as  the  late  .Secretar.v 
of  War  was  startled  with  even  the  mention  of  its 
title. 

Even  some  of  the  reasons  given,  and  certainly  the 
power  exercised  by  the  veteran  hero  himself  would 
eeemtoboiu  direct  conflict  with  the  propositions  of 
the  learned  gentleman. 

The  Lieuienant-Geiieral  says  be  "excludes  from  his 
order  cases  already  cognizable  by  court-martial,  and 
limits  it  to  cases  not  provided  for  in  the  act  of  Con- 
gress establishing  rules  and  articles  for  the  govern- 
ment Oi  ihe  armies  o:  the  United  States."  Has  not  the 
genileman  who  attempts  to  press  General  Scott  into 
nissorvice  ar;;ued  and  insisted  upon  ic  that  the  com- 
mander of  theiarmy  cannot  subject  the  soldiers  under 
his  command  to  any  control  or  punishment  whatever, 
save  that  which  is  provided  lor  in  the  articles? 

Tt  will  not  do.  in  order  to  sustain  ihe gentleman's 
hypothesis,  to  Say  that  these  provisions  of  the  Consti- 
tution, b  .■  wliich'he  attempts  to  letter  the  power  of  the 
people  to  punish  sufh  oltenses  in  time  of  war  within 
the  lerrito..v  of  the  United  States,  maybe  disregarded 
bv  an  oliicer  of  the  United  States  in  command  of  its 
armies  in  the  trial  and  punishraeni  of  its  soldiers  in  a 
foreign  war.  The  law  of  the  United  States  for  the  go- 
vernment of  its  own  armies  follows  the  flag  upon 
every  sea  and  in  evcr.y  land. 

The  truth  is  that  the  right  of  the  people  to  proclaim 
and  execute  martial  law  is  a  necessary  incident  of 
■war.  and  this  was  the  right  exercisel,  and  rightfully 
exei'cised  by  Lieutenant-General  Scott  in  Mexico.  It 
was  what  Earl  Grey  has  justly  said  was  a  "fact  of  ne- 
cessity." and,  I  may  add,  an  act  as  clearly  authorized 
as  wak  the  act  of  fighting  the  enemy  wheu  they  ap- 
peared before  h  m. 

In  making  this  exception,  the  Lieutenant-General 
followed  the  rule  recognized  by  the  American  authori- 
ties on  military  law,  in  which  it  is  declared  that  "many 
crimes  committed  even  by  military  officers,  enlisted 
men,  or  camp  retainers,  cannot  be  tried  under  the 
rules  and  articles  of  war.  Military  commissions  must 
be  resorted  to  for  such  cases,  and  these  commissions 
should  be  oraered  by  the  same  authority,  be  consti- 
tuted in  a  similar  manner,  and  their  proceedin.gs  oe 
conducted  according  to  the  same  general  rules  as  ge- 
neral courts-martial,"— /ir«f^  1.5. 

There  remain  for  mo  to  notice,  at  present,  two  other 
points  in  this  extraordinary  speech;  first,  that  martial 
law  does  not  warrant  a  military  commission  for  the 
trial  of  military  olfenses,  that  is,  offenses  committed 
in  time  of  war  in  the  interests  of  the  public  enemy, 
and  by  concert  and  a.crreoment  with  the  eiiem.v;  and 
second,  that  martial  law  does  not  prevail  "in  the 
United  States,  and  lias  never  been  declared  by  any 
competent  authority. 

i>  is  not  necessary,  as  the  gentleman  himself  has  de- 
clined to  argue  the  first  point,  whether  martial  law 


authorizes  the  organization  of  military  commissions 
byorderof  the  c  immaoder-in-chie;,  to  try  suchof- 
fenses,  that  I  should  say  more  than  that  llieau. horny 
lust  cited  by  me  shows  that  such  commissions  are  au- 
thorized under  martial  law.  and  are  created  by  the 
commander  forihe  trial  ol  all  such  ollenses.  when  their 
punishment  by  court-martial  is  not  provided  lor  by  the 
express statutel  aw  of  the  country. 

The  second  point,  that  martial  law  has  not  been  de- 
clared byany  competent  authority,  is  an  arraignment 
of  the  late  murdered  President  of  the  United  Slates 
tor  his  proclamation  of  September  2t,  iwii.  declaring 
martial  law  throughout  the  United  States,  and  of 
which,  in  Lawrence's  edition  of  Wheaton  on  Interna- 
tional Law,  p.  hl2.,  itlssad,. "Whatever  may  bethein- 
ference  to  be  deduced  either  from  constitutional  or  in- 
ternational law,  or  from  the  usages  of  Kuropean  Go- 
vernmeiiTs,  as  to  the  legitimate  depository  of  the 
power  01  suspending  the  writ  of  habeas  cur/jus,  the  vir- 
tual abrogation  of  the  judiciary  in  cases  affecting  indi- 
vidual liberty,  and  the  establishment  as  waiter  of  fact 
in  th(?  United  States,  by  the?  Executive  alone,  of  mar- 
tial law,  not  mereiy  In  the  insurrectionary  districts,  or 
in  cases  of  miliiary  occupancy,  but  turoughout  the  en- 
tire Union,  and  not  temporarily,  but  as-.an  lustiiutioa 
as  permanent  as  the  insurrection  on  whicii  it  professes 
io  be  based,  and  capable  on  the  same  principle  of  be- 
tng  revived  in  all  cases  of  foreign  as  vvel  I  as  civil  war, 
are  placed  beyond  question  by  the  President  s  proclar 
mation  of  September  24,  1862."  That  proclamation  ia 
as  follows:— 

"By  the  President  of  the  United  States  of  America. 
"A  I'ROCLAMATION. 

"Whereas,  It  ha*  become  necessarv  to  call  into  ser- 
vice not  on.y  volunteers,  but  also  portions  of  ilie  mili- 
tia of  the  States,  by  a  draft,  in  order  to  suppress  the 
insurrection  existing  in  the  United  States,  and  disloyal 
personsare  no'  adequate. y  restraineiiib.v  the  ordinary 
processes  of  law  from  hindering  this  measure,  and 
fromg.ving  aid  and  com. ort  in  various  ways  to  the 
insurrection;  Xow,  therefore,  be  it  ordered,  that  dur- 
ing the  existing  insurrection,  and  as  a  necessary 
means  for  suppressing  thi-tsame.  all  Rebels  and  msur- 
genis,  their  aiders  and  abettors,  within  the  United 
States,  and  all  persons  discouraging  volunteer  enlist- 
ments, resisting  mili;iadrafts,or  guilty  oi  any  disloyal 
practice,  atlordiug  aid  and  comfort  to  Rebels,  against 
theautborit.v  of  the  United  States,  shall  be  subject  to 
martial  law,"  and  liable  to  trial  and  punishment  by 
courts-martial  or  military  commission. 

"Second.  Tuat  the  writ  ot  luiUtas  corpus  is  sus- 
pended in  respect  to  all  persons  arrested,  or  who  are 
now.  Ol  hereafter  during  the  Rebellioniihall  be  impri- 
soned, in  any  tort,  camp,  arseual  military  prison  or 
other  place  of  conlinenient,  by  an.v  military  authority, 
or  by  the  sentence  of  auy  court-martial  or  military 
commission. 

"In  witness  whereof  I  have  hereunto  set  my  hand 
and  caused  the  seal  of  the  United  States  to  be  affi.'ced. 

"Done  at  the  city  of  Washington,  this  24Lh  day  of 
September.  A.  D.  I.sil2.  and  of  the  independence  ot  the 
United  Slates  the  eighty-seventh. 

"ABRAHAM  LINCOLN. 

'  'By  the  President : 

"WiLLi.\.\i  II.  Seward.  Secretary  of  State." 

This  proclamat.on  is  dal./ certilied  irom  the  War 
Department  to  be  in  full  ibrce  and  not  revoked,  and  is 
evidenceo.  record  in  this  case;  and  but  a  fewdayssiiice 
a  proclamation  of  the  President,  0(  which  this  court 
will  laKe  notice,  declares  that  the  same  remains  in  full 
force. 

It  has  been  said  by  another  of  the  counsel  for  the  ac- 
cused (Mr.  Stones  in  his  argument,  that,  admitting  its 
validity,  the  proclamation  ceases  to  have  elfecl  with 
the  insurrection  .and  is  terminated  b.v  it.  It  is  true  the 
proclamation  of  inartial  law  only  continues  during  the 
insurrection;  but  inasmuch  as  the  question  of  the  exist- 
ence of  an  insurreclion  is  a  poliiical  question,  lliedeci- 
sionofwhich  belongs  exclusively  to  the  poliiical  de- 
partment of  the  Government,  that  d'partnient  alone 
can  declare  its  existence,  and  that  department  alone 
can  declare  its  termination,  and  bj' the  action  of  the 
political  department  of  the  Government  every  judicial 
iribuiial  in  the  land  is  conclu  ed  and  bound.  That 
question  has  been  settled  for  fifty  years  in  this  country 
bv  the  Supreme  Court  of  the  United  States:  First,  in 
thecaseol  Brown  vs.  The  United  Stat  s  (SCranch); 
also  in  the  prize  cases  (2  Black..  641  j.  Nothing  more, 
thereiore,  need  liesaid  upon  this  questionof  an  existing 
insurreclion  than  this:  The  political  department  ofthe 
Government  has  heretofore  proclaimed  an  insurrec- 
tion, that  department  has  not  yet  declared  the  insur- 
reclion ended,  and  the  event  on  the  14lh  of  April, 
which  robbed  the  people  of  their  chosen  Executive, 
and  clothed  this  land  in  mourning,  bore  sad  but  over- 
whelming witness  to  the  iact  that  the  llebellion  is  not 
ended.  The  lact  of  the  insurrection  is  not  an  opeu 
question  to  be  tried  or  settled  by  parol, either  in  a  mili- 
tary tribunal.or  in  a  civil  court. 

"The  declaration  of  the  learned  gentleman  who 
opened  the  defense  (Mr.  Johnson),  that  martial  law 
has  never  been  dec'ared  by  any  competent  authority, 
as  I  have  already  said,  arraigns ISIr.  Lincoln  for  ausur- 
pation  of  power.  Does  the  gentleman  mean  to  say 
that,  until  Congress  author  zes  it,  the  Presidentcannot 
proclaim  and  enforce  martial  law  iu  ihesuppression  of 


TRIAL   OF   THE   ASSASSIN'S  AT  WASHINGTON. 


no 


armed  and  organized  Rebellion  ?  Or  does  he  only 
affirm  that  tb id  act  of  tbelaie  President  is  a  usurpa- 
tion ? 

The  proclamation  of  martial  law  in  1862  a  usurpa- 
tion '.  thuugii  it  armed  tli  j  pcDple  in  that  dark  liour  of 
trial  witli  the  means  of  de(enj.e  against  traitorous  and 
secret  enemies  in  every  State  and  <listrict  of  tlie  coun- 
try; thouirh  by  its  use  some  ot  the  guilty  were  brougut 
to  swift  and. iust  jjunishment,  and  others  deterred  from 
crime  or  driven  to  iligbt;  tliouyhby  this  means  the  in- 
nocent anddcienseless  were  protected;  though  by  this 
means  the  city  oftUe  Kentleman's  residence  was  saved 
from  the  violence  and  uiWage  of  the  niolxandtne  torch 
of  the  incendiary.  But,  .says  the  gentleman,  it  was  a 
usurpation,  lorbidden  by  the  lawsof  the  land  ! 

Thesanie  was  sa  d  of  the  proclamation  of  blockade 
issued  April  J'J  and  27, 1861,  which  declared  a  blockaile 
Of  the  poits  of  tlie  insurgent  States,  and  that  all  vessels 
violating  the  same  were  subjects  of  capture,  and,  to- 
gether with  the  cargo  to  be  condemned  as  ))rize.  In- 
asmuch as  Congress  had  not  then  recognized  the  fact 
of  civ. 1  war,  these-proclaniatioiis  were  denounced  as 
void.  The  Supreme  (.'ourt  decided  otherwise,  and 
alilrmed  ihepower  of  the  Executive  thus  to  subject* 
the  property  on  the  seas  to  seizure  and  condemnation, 
I  read  iroiu  that  decision. 

'•'ihe  Constitution  confers  upon  the  Tresidentthe 
whole  e.xecut.ve  power:  he  is  bound  to  take  care  that 
the  laws  be  faithfully  executed;  he  is  comniander-in- 
chiel  of  liie  army  and  navy  of  the  United  Stales,  and 
oithe  'Militia  oi  theseveral  States  when  called  into  the 
actual  service  ot  the  United  btates,  *  *  Whether  the 
President,  in  lulHUing  his  duties  as  commander-in- 
chief  in'suppressingan  insurrection,  has  met  witli  such 
armed  hostile  resistance,  and  a  civil  war  or  such  alarm- 
ing proportions  as  wM  compel  him  to  accord  tjthem 
thecharacter  of  belligerents  is  a  question.to  bodocided 
6.yAi/(i,  and  this  court;  must  be  governed  b.v  the  deci- 
sions anil  acts  of  the  political  department  of  the 
Government  to  which  this  power  was  intrusted.  lie 
must  determine  wnat  degree  of  force  the  crisis  de- 
mands. 

"The  proclamation  of  blockade  is  itself  official  and 
conclusive  evidence  to  rhei-ourt  that  a  slate  of  war  e.K- 
isicd  which  demanded  and  authorized  a  recourse  to 
Buch  a  measure  under  the  circumstances  peculiar  to 
the  case."   (2  Black.  670.) 

It  lias  been  solemnly  ruled  by  the  s.ame  tribunal,  in 
an  earlier  case,  "that  the  power  is  coniidcd  to  theE.x- 
ecutiveo.  tiie  Union  to  detc-rmine  when  it  is  necessar.v 
to  call  oat  the  militia  of  tlieSiates  to  reiiei  invasion," 
as  iollows'— "Tliat  he  is  necessarily  constituted  tlie 
judge  of  thee.Kistenceof  the  exigency  j  a  the  first  in- 
stance, and  is  buund  to  act  according  to  his  belief  of  the 
facts.  11  he  does  so  act,  and  decides  to  c  11  forth  the 
mil  ilia,  his  orders  lor  this  purpose  are  inslrictconform- 
ity  with  the  jjrovisionsof  the  law:  and  it  would  seem 
to  follow  as  a  necessao'  consequence,  that  every  act 
done  by  a  siibordinale  ohicer,  in  obedience  to  such 
orders,  is  equall.v  justifiable.  The  law  onitemrlates 
that,  under  such  c'rcumstauces,  orders  shall  be  given 
to  carr.v  ihe  power  into  elTect;  and  it  cannot  Iherelore 
be  acorrect  in.ereiice  that  any  other  person  has  a  just 
right  to  disolie.v  them.  The  law  does  not  provide  for 
any  appeal  Irom  the  judgment  ot  the  President,  or  for 
an.v  right  in  subordinate  olhcers  to  review  liisdecisiou, 
and  in  effect  de  eat  it.  Whenever  a  statute  gives  a 
discretionary  power  to  an.v  person,  to  be  exercise  I  by 
him  upon  his  own  opinion  oi  ceriain  facts,  it  is  a  sound 
rule  of  construction,  that  tie  statute  cmslitutes  him 
the  sole  and  exclusive  judge  of  the  existence  of  those 
fac;s."    ( 12  Wueaton ,  ;.l). 

In  the  light  of  these  decisions  it  must  be  clear  to 
every  mird  that  the  question  of  tlie  existence  of  an 
insurrection,  and  the  necessity  of  calling  into  requisi- 
tion lor  its  suppression  both  the  militi.i  ot  the  States 
and  the  army  and  navy  oftheUnited  States,  and  ol 
proclaimiug'inartial  law,  which  is  an  essential  condi- 
tion of  w.'.f  whether  foreign  or  domestic,  must  rest 
with  the  officer  of  the  Government  who  ischarged  by 
the  express  terms  of  the  Constitution  with  the  per- 
forniaiiceof  this  great  duty  for  the  common  defeuse 
and  tue  execution  ot  the  laws  of  the  Union. 

But  it  is  lurther  insisted  by  the  gentleman  in  this  ar- 
gument that  Congress  has  not  authorized  the  estab- 
lishment of  military  commissions,  which  are  essen- 
tial to  the  judicial  adminisiration  of  marti  1  law  and 
the  punishment  of  crimes  commiited  during  thoex- 
istence  of  a  civil  war,  and  especially  that  such  com 
missions  are  not  so  authorized  to  try  persons  other 
than  those  in  the  military  and  naval  service  of  the 
United  states,  or  in  the  militia  of  the  several  States, 
when  in  the  actual  service  of  the  United  States,  The 
gentleman's  argument  assuredly  destroys  itself,  (or 
he  insisis  that  the  t'ongress,  as  the  legislative  depart- 
ment of  the  Government  can  pass  no  law  which, 
either  in  peace  or  war,  can  constiiutionally  subject 
any  citizen  not  in  the  land  or  naval  forces  to  trial  for 
crime  before  a  military  tribunal,  or  otherwise  than  by 
a  jury  in  the  civil  courts. 

VVh.v  does  the  learned  gentleman  now  toll  us  that 
Congress  has  not  authorized  this  to  be  done,  alter  d  e 
claring  ju  ,t  as  stoutly  that  by  the  lil  th  andsixth  amend- 
ments to«t  he  Constitution  no  such  military  tribunals  can 
be  established  for  the  trial  of  any  jierson  not  in  the 
military  or  naval  service  of  the  United  Stales,  or  in  the 


militia  when  in  actual  service,  for  the  commission  of 
an.v  crime  whatever  m  time  o'' war  or  ln^ul■rec^lon?  It 
ought  to  have  occurred  to  the  gentleman  win  n  com- 
menting upon.the  exception  in  the  tilth  article  ol  the 
Constitution,  mat  there  was  a  reason  for  it  very  diB'e- 
rent  irom  that  which  he  saw  lit  to  assign,  and  that 
re  ison.  manifestly  upon  the  face  ot  the  Constitution 
itseli.  wms,  that  by  tiioeighth  section  ot  the  lirst  article, 
it  is  expressly  provided,  that  Congressshallhavepower 
to  make  rules  lor  the  government  of  the  land  and  naval 
forces,  and  to  provide  for  organizing,  arm.'ng,  and  di.s- 
ciplining  the  militia,  and  lor  rioi'cniiiin  such  part  of 
them  as  may  be  emidoyed  in  the  service  of  the  United 
States. »and  that,  inasmuch  as  niilitary  disciiilme  and 
order  are»as  essential  in  an  arm.v  in  time  of  jjeace,  as  in 
time  otw'ar.  if  the  Constitution  would  leave  ihis  power 
to-Congress  in  peace,  it  must  maKe  the  exception,  so 
that  rules  and  regulations  for  the  governnu  ut  ot  the 
arm.v  and  navy  should  be-operative  in  lime  ofpeace  as 
well  as  in  timeof  war  :  because  the  provisions  of  the 
Constitution  give  the  right  of  trial  by.iur.y  In  timkoi" 
PE.\CE.  in  all  criminal  prosecuiions  by  indictment,  in 
terms  imbracing  ever.v  human  being  ihatniuy  be  held 
to  answer  lor  crime  in  the  United  States,  andlherelore 
11  the  eighth  section  of  the  first  article  was  to  remain  in 
lull  lorce  IN  TIMKOP  PK.\ci';,  the  exception  must  be 
made:  and  accordingly,  the  exception  was  made.  But 
by  the  argument  we  have  listened  to.  this  court  is 
told,  and  the  country  is  told,  that  in  time  of  war,  a 
war  which  Involves  in  irs-diead  issue  the  lives  and  in- 
terests of  us  all,  the  guaranties  of  the  Clonstitution  are 
in  lull  lorue  lop  the  benetit  of  those  wl.o  consjure  with 
theeiiem.v,  creep  into  your  camps,  murder  in  cold 
blood,  ill  the  interests  of  the  invader  orinsurgent,  the 
commander-, n-chief  of  your  armj'.  and  secure  to  him 
theslowand  weak  provisions  of  thocivii  law,  while 
thesoldier  who  may  when  overcome  by  the  demands 
of  exhausted  nature,  which  cannot  J^e  resisted,  have 
slept.at  his  post,  is  subject  to  be  tried  njioii  the  spoi  by 
a  military  tribunal  and  shot.  The  argument  amounts 
to  this:— That  as  military  courts  and  niiliiary  trials  of 
civilians  in  time  of  w-ar  are  ausui-patiun  and" tyranny; 
and  as  soldiers  are  liable  to  such  arrests  and  trial,  Ser- 
geant Corbett,  who  shot  Bi!Oth,sh(iu;d  be  Hied  and 
executed  tiy  sentence  of  a  military  court,  whileBoolh'3 
co-couspirators  and  aiders  should  be  saved  Irom  any 
such  iiidignit.v  as  a  military  trial.  1  couiCss  that  X  am 
too  dull  to  comprehend  the  logic,  the  reason,  or  the 
sen.se  of  such  a  conclusion.  If  there  is  any  one enti- 
Ihd  to  this  privilege  of  a  civil  trial,  at  a  remote  pe- 
riod, and  by  a  jury  of  the  District,  in  time  of  civil 
war,  when  the  foundations  of  the  Ileputiiic 
are  rocking  beneath  the  earthquake  tread  of 
armed  Rebellion,  that  man  is  the  defender  of 
the  Kepublic,  It  will  never  do  to  say,  as  has  been 
said  in  this  argument,  that  the  soldier  is  not  lia- 
ble to  be  tried  in  time-of  war  by  a  miiitaiytribunal  for 
any  other  offense  than  tlmse  ])rescribed"in  the  rules 
and  articles  of  war.  lo  my  mind,  nothing  can  be 
clearer  than  that  citizen  and  soldier  alike,  in  time  of 
civil  or  foreign  war,  altera  proclamation  of  martial 
law.  are  triable  b.y  militaiy  tribunals  for  all  odenses  of 
which  they  may  be  guilty,  in  the  interests  of,  or  in 
concert  with,  ine  enemy. 

These  provisions,  therefore,  of  your  Constitution  ,for 
indiciment  and  trial  bi'jury  in  civil  courts  o.  aiC<  rimes 
are,  as  1  shall  hereafter  show,  silent  and  inoperative  in 
time  of  war  when  the  iiubiio  salety  requires  it. 

The  argumeiitto  which  I  have  thus  been  replyin,g,a3 
the  Court  will  not  fail  to  perceive,  nor  that  public  to 
which  the.argument  is  addressed,  is  a  labored  attempt 
to  establish  the  proposition,  that,  by  the  Coiistitutioa 
of  the  United  States,  the  American  peon  e  cannot, 
even  in  a  civil  war  the  greatest  the  world  has  ever 
seen,  employ  martial  law  and  militar.v  tribunals  as  a 
means  of  successtully  asserting  their  aulhonly,  pre- 
serving their  nationalit.v,  and  securing  protection  to 
the  lives  and  ijroperly  of  all,  and  esiiecially  to  the  per- 
sons of  those  to  whom  tney  have  committed,  oltieia  ly, 
the  great  trust  ol  maintaining  the  national  authority. 
The  gentleman  says,  with  an  air  of  perlectconlideuce, 
that  he  denies  the  jurisdiction  of  military  tribunals  for 
the  trial  of  civilians  in  time  of  war,  b  cause  neither 
the  Consliiulion  nor  laws  jiistily,  but  on  the  contrary 
repudiate  them,  and  that  all  the  exjierieiice  of  the 
pastisagaiiist  it,  I  might  cmitent  m.\self  with  saying 
that  the  i)ra.''tice  of  all  nations  Is  against  tlie  g,  nile- 
man's  conclusion.  The  struggle  for  our  national  in- 
dependence was  aided  and  prosecuted  by  milhar.v  tri- 
bunals and  mart  al  law,  as  well  as  by  arms,  'I'he  con- 
test lor  American  nationalit.v  began  with  the  estab- 
lishment, very  soon  after  the  liriug  of  the  lirst  gun  at 
I,exin-,'ton,  on  thel'.lth  day  of  April,  1775,  of  military 
tribunals  and  martial  law.  Onflie;jiith  of  June,  1775, 
the  Continental  Congre.ss  provided  th;it  ''whi  so- 
ever, belon.jiny  to  (lie  cmUinfnftiL  army,  shall  be  con- 
victed of  holding  correspondence  with,  or  giving  intel- 
ligence to  the  enemy,  either  indirectly  or  directly, 
shall  sutler  such  punishment  as  by  a  court-martial 
shall  be  ordered."  This  was  lound  not  suliicient,  inas- 
much as  it  <lid  not  reach  those  civilians  who,  like  cer- 
tain civilians  of  our  day,  claim  the  protection  of  the 
civil  law  in  time  of  war  against  militay  arrests  and 
military  trials  tor  militar.v  crimes.  Therelore.  the 
same  Congress,  on  the  7th  of  November.  1775.  amended 
this  provision  by  striking  out  the  words  ••  belonging  to 


180 


TRIAL  OF  THE   ASSASSINS  AT    WASHINGTON. 


the  contineucal  army,"  aad  adopting  the  article  as  fol' 
lows:— 

"Alt  prrsons  convicted  of  holding  a  treacherous  cor- 
respondence with ,  or  giving  intelligence  to  the  enemy, 
shall  siilTer  death  or  sucli  otuer  punishment  as  a  gene- 
ral court-martial  shall  tliink  proper." 

And  on  tiie  17th  of  June,  1776,  the  Congress  added  aa 
additional  rule — 

•■That  all  persons,  not  members  of,  nor  owing  alle- 
giance to,  any  of  the  United  Stales  of  America,  who 
shoUid  be  lound  lurking  as  spies  in  or  about  the  ionih- 
catioiis  or  encampments  of  tbe  armies  of  the  United 
Stales,  or  any  oi  them,  shall  suffer  death,  according  to 
tbe  law  and  usag.'Of  nations,  by  the  sentence  of  a 
court-martial,  or  such  other  punishment  as  a  court- 
martial  shall  direct." 

Comprehensive  as  was  this  legislation,  embracing  as 
it  did  soldiers,  citizens,  and  aliens,  subjecting;  all  alike 
to  trial  Icr  their  militar.v  crimes  by  the  military  tri- 
bunals of  justice,  according  to  the  law  and  the  usage  of 
nations,  it  W.1S  louud  to  be  insufficient  to  meet  that 
most  dangerous  01  all  crimes  committed  in  the  inter- 
ests of  the  enemy  by  citizens  in  timeof  war,  the  crime 
of  conspiring  togetUer  to  assassinate  or  seize  and  carry 
awaj' the  so. dieis  and  citizens  Who  were  loyal  to  the 
cause  of  the  country.  Therelore,  on  the  27111  of  Febru- 
arj'.  1778,  the  Congress  adopted  the  following  resolu- 
tion :— 

"Jicsolied,  That  whatever  inhabitants  of  these  States 
Shall  kill,  or  seize,  or  take  any  loyal  citizen  or  citizens 
thereot  and  convey  him,  her,  or  them  to  any  place 
Tcithin  the  power  of  the  enemy,  or  shall  enter  intoany 
combination  lor  such  purpose,  or  atlemiJt  to  carry  the 
same  into  execution,  or  hath  assisted,  or  shall  as-ist 
therein:  or  shall,  by  giving  intelligence,  acting  as  a 
guide,  or  in  any  manner  whatever,  aid  the  enemy  in 
tbe  perpetration  thereof,  he  shall  sulier  death  by  the 
judgment  oi  a  court-martial  as  a  traitor,  assassin,  or 
spy,  if  the  offend  be  committed  within  seventy  miles 
of  the  head-quarters  of  the  grand  or  other  armies  of 
these  States  where  a  general  officer  commands." — 
Journals  of  Congress,  vol  ii,  pp.  459.  460. 

So  stood  the  law  until  the  adoption  f  the  Constitu- 
tion of  the  United  States.  Ever.v  well  in;ormed  man 
knows  that  at  the  time  of  the  passage  ot  these  acts,  the 
courts  of  justice  having  cognizance  of  all  crimes 
against  persons,  were  open  in  many  of  tbe  States,  and 
that  by  their  several  constitutions  and  charters,  wliich 
were  then  the  supreme  law  for  the  punishment  of 
crimes  committed  within  their  respective  territorial 
limits,  no  man  was  liable  to  conviction  but  by  the  ver- 
dict of  a  jury.  Take,  for  example,  the  provisions  of 
the  Constitution  of  Noith  Carolina,  adopted  on  tbe 
10th  of  Kovember,  1770,  and  in  full  force  at  the  timeof 
the  passage  of  the  last  resulution  by  Congress  above 
cited,  which  provisions  are  as  follows  :— 

"That  no  ir;.'eman  shall  be  put  to  answpr  any  crimi 
nal  charge  but  by  indictment,  preseutmeui  or  im- 
peachment.'' 

"That  no  freeman  shall  be  convicted  of  any  crime 
but  by  the  unanimous  verdict  of  a  jur.v  of  good  and 
lawfiil  men  in  open  court,  as  heretofore  used." 

This  was  the  law  in  1778  in  all  the  States,  and  the  pro- 
Vision  lor  a  trial  by  jury  every  one  knows  meant  a  jury 
oftwelvemen.empanneled  anaqualilied  to  try  tlie  issue 
in  a  civil  court.  The  conclusion  is  not  to  be  avoided, 
that  those  enactments  of  the  Congress  undt-r  the  Con- 
federation set  aside  the  trial  by  jury  within  the  several 
States,  and  expressly  provided  lor  the  trial  by  court 
martial  ot  "any  of  the  inhabitants"  who,  during  tiie 
revolution,  niiLcht.  contrary  to  the  provisions  of  said 
law,  and  in  aid  of  the  public  enemy,  give  them  intelli- 
gence, or  kill  any  loyal  citizens  of  the  L'nited  StatL-s,  or 
enter  into  any  combination  to  kill  or  carry  tbem  away. 
How  comes  it.  if  the  argument  of  the  counsel  be  true, 
that  this  enactment  was  passed  by  theCon.;ress  of 
1778,  when  iheconstitutionsof  the  several  States  atthat 
dav  as  fully  guarantied  trial  by  jury  to  every  peraon 
held  to  answer  for  a  crime,  as  does  the  Con- 
stitution of  the  Unit  d  States  at  this  hour? 
Notwithstanding  this  fact.  I  have  yet  to  learn 
that  any  loyal  man  ever  challenged,  during  all  the 
period  of  our  contlictforindependence  and  nationality, 
thevalidity  o:  t  he  t  law  for  the  trial,  for  military  otienses, 
by  militarj'  tribunals,  ot  all  offenders,  as  the  law,  notof 
peace,  butof  war,  and  absolutely  essential  to  theprose- 
cution  of  war.  I  may  be  pardonea  for  saying  that 
it  is  the  accepted  common  law  of  nations,  that  mar- 
tial-law is,  at  all  times  and  everywhere,  essential  to 
the  successlul  prosecution  of  war.  whether  it  be  a  civil 
or  a  foreign  war.  The  validity  of  these  acts  of  the  Con- 
tinenial  and  Confederate  Congress  X  know  was  chal- 
lenged ,  but  only  by  men  charged  with  the  guilt  of  their 
country's  blood . 

v\  ashington,  the  peerless,  the  stainless,  and  the  Just. 
with  whom  Uod  walked  through  the  night  ot  tha.  great 
trial,  enlorced  this  just  and  wise  enactment  upon  all 
occasions.  On  the  3otb  of  September.  1760.  Josuua  II. 
Kmith.  by  the  order  of  General  Washington,  was  put 
upon  his  trial  before  a  court-martial,  convened  in  tbe 
Btateof  New  York,  on  the  charge  of  there  aiding  and 
assisting  Benedict  Arnold.  In  a  combination  with  the 
enemv,  to  lake,  kill,  and  seize  such  loyal  citizena  or 
soldiers  of  the  United  Stiites  as  were  in  garrison  at 
'West  Point.  Smith  objected  to  the  jurisdiction,  aver- 
riug  that  ue  was  a  private  citizen,  uot  in  the  military 


ornaval  service,  ana  therefore  was  only  amenable  to 
the  civil  authority  ot  the  State,  whose  Constitution  had 
guarantied  the  right  of  trial  by  jur.v  to  all  persons  held 
to  answer  lor  crime.  (Chandler'sCriminal  Trials,  vol. 
2,  p.  187;.  The  Constitution  of  New  York  then  in  force 
had  so  provided:  but,  notwithstanding  that,  the  Court 
overruled  the  plea,  held  him  to  answer,  and  tried  him. 
I  repeat  that,  when  Smith  was  thus  tried  by  court- 
martial,  the  Constitution  of  New  York  as  lully  guaran- 
tied trial  by  jury  in  the  civil  courts  to  all  c.vilians 
charged  and  held  to  answer  for  crimes  within  the 
limits  of  that  State,  as  d.  es  the  Constitution  of  the 
United  States  guarantee  such  trial  within  the  limits  of 
the  District  of  t.'olumb  a.  By  thesecond  of  theArticles 
of  Coniederation  each  Slate  retained  "its  sovereignty," 
and  every  power,  iurisdiction  and  right  not  exijrrssly 
delegated  to  the  United  States  in  Congress  assembled. 
By  tho  e  articles  there  was  no  express  delei;ation  of 
judicial  power;  therefore  the  States  retained  it  lully. 

It  the  military  courts  constituted  by  the  commander 
of  the  army  of  the  United  States  under  the  Confedera- 
tion, who  was  appointed  only  by  a  resolution  of  the 
Congress,  without  any  express  grant  of  power  to  au- 
«rhorize  it,  his  olHce  not  being  created  by  tue  act  of  the 
people  in  their  lundameiital  law,  had  jurisdiction  in 
every  State  to  try  and  put  to  death  "any  inhabitant" 
thereof  who  thould  A(/J  any  loyal  citizen  or  enter  into 
"any  combination"  lor  anv  such  purpose  therein  in 
time  of  war,  notwithstanding  the  provisions  o.  tbe 
constitution  and  laws  of  such  States,  how  can  any 
man  conceive  that,  under  the  Constitution  of  the 
United  States,  which  is  the  supreme  law  over  every 
State,  anything  in  the  constituiion  and  laws  of  such 
State  to  the  contrary  notwithstanding,  and  the  su- 
preme law  over  every  Territorj-  of  the  republic  as  well, 
the  commander-in-Chief  of  toe  army  of  the  United 
States,  who  is  made  such  by  the  Constitution,  and  by 
its  supreme  authority  clothed  with  the  power  and 
charged  with  the  doty  of  dire  ting  and  controlling  the 
whole  military  power  of  theUiii  ed  States  in  time  of 
rebellion  or  inviision,  has  not  that  authority? 

I  need  not  remind  the  Court  that  one  of  the  marked 
differences  between  the  Articles  of  Confederation 
and  the  Constitution  of  the  United  States  xvas.  that 
under  the  Confederation  the  Cou;.'ress  was  the  sole  de- 
pository of  all  Federal  power.  The  Congress  of  the 
Confedera  ion,  said  Madison  held  "the  command  of  the 
army."  (Fed.,  JS'o.  ;*).  Has  the  Constitution,  which 
was  "ordained  by  the  i>eople  the  better  "to  insure  do- 
mestic tranquility  and  to  provide  for  the  common  de- 
lense,"  so  lettered  the  great  power  of  sel.'-de  ense 
1  ajainst  armed  insurrection  or  invasion  that  martial 
law.  so  essential  in  war.  is  forbidden  by  that  great  in- 
strument'? I  will  yield  to  no  man  in  reverence  lor  or 
obedience  to  the  constitution  of  my  country,  esteem- 
ins;  it,  as  I  do,  a  new  evangel  to  the  nations,  embodying 
the  democracy  of  the  New  Testament,  the  absolute 
equality  of  all  men  before  the  law,  in  respect  of  those 
rights  of  human  nature  which  are  thegi.t  ;.f  God.  and 
there  ore  as  universal  as  tne  material  struciureoi  man. 
Can  it  he  that  this  Constitution  of  ours,  so  divine  in  its 
spirit  of  justice,  so  benehcent  in  its  results,  so  full  of 
wisdom  and  goodness  and  truth,  under  which  we  be- 
came tine  people,  a  great  and  powerful  nationality,  has 
in  terms,  or  by  implication,  denied  to  this  people  the 
power,  to  crush  armed  rebellion  by  war,  and  to  arrest 
and  punish,  during  the  existence  of  such  rebellion, 
according  to  the  laws  of  war  and  the  usages  oi  nations, 
secret  conspirators,  who  aid  and  abet  the  public 
enemy? 

Here  is  a  conspiracy,  organized  and  prosecuted  by 
armed  traitors  and  hired  assa.ssins,  Teceiving  the 
moral  support  of  thousands  in  every  State  and 
district,  who  pronounced  the  war  lor  the  Union 
a  (allure,  and  your  now  murdered  but  immor- 
tal Commander-in-Chief  a  tyrant;  the  object  of 
which  conspiracy,  as  the  testimony  shows,  xvas  to 
aid  the  tottering  Rebellion  which  struck  at  the 
nation's  lile.  It  is  in  evidence  that  Davis,  Thompson, 
and  others,  chicis  in  this  Itcbellion,  in  aid  of  the  same, 
agreed  and  conspired  with  others  to  poi-on  the  loun- 
tains  of  water  which  supply  your  commercial  metro- 
polis, and  thereby  murder  iis  inhaoitants;  to  secretly 
deposit  in  the  habitations  of  the  jitople  and  in  the  ships 
in  your  harbors  iniianimahle  materials,  and  thereby 
destroy  them  by  lire:  to  murder  by  the  slow  and  con- 
suming torture  of  lamineyoursoldiers,  captive  in  their 
hand-:  to  import  pestilence  in  inlected  clothes  to  be 
distributed  in  your  capital  and  camps,  and  therehy 
murder  the  surviving  heroes  and  defenders  of  the 
Kepublic,  who.  standing  by  the  holy  graves  of  your 
unreturning  brax'e,  proudly  and  delian.ly  cnallenije  to 
honorahlecombat  and  open  battle  all  public  enemies, 
that  their  country  may  live:  and.  finallv.  to  crown  this 
horrid  catalou'ueof  crime,  this  sum  of  all  human  atro- 
cities, conspired,  as  charged  upon  your  record,  w.tli 
the  accused  and  Jehn  Wiikes  Booth  and  John  H.  Sur- 
ratt,  to  kill  and  murder  in  your  capital  the  executive 
otKcers  of  your  (.overnment  and  the  commander  of 
your  armies.  Wuen  this  coiispir.icy,  entered  into  by 
iiiese  traitors,  is  revealed  by  its  attempted  execution, 
and  the  foul  and  brutal  murder  oi  your  President  in 
tlie  ca|)ital,  you  are  told  that  it  is  unconstitutional, 
in  order  to  arrest  the  further  execution  of  the  con- 
spiracy, to  interpose  the  military  rower  of  this  Gov- 
ernment for  the  arrest,  without  civil  process,  of  any  of 


TRIAL   OF   THE   ASSASSINS    AT  WASHINGTON. 


ISl 


the  parties  thereto  anfl  for  their  trial  by  a  military  tri- 
bunal o;  Uistice.  If  any  such  rule  liad  obtained  during 
our  strupu'le  lor  independence,  we  never  would  liave 
been  a  nation.  It'  any  sucli  rule  had  been  adopt  d  and 
acted  u.  on  now,  during  the  fierce  struggle  ot'the  past 
lour  ye.irs,  no  man  can  say  that  our  uatiouality  would 
have  Thus  long  survived. 

The  whole  iieopl'!  oithe  United  States,  by  their  Con- 
stitution, have  created  the  ollice  of  President  ol  the 
United  States  and  Commander-in-Chief  of  tlie  Army 
and  Siavy,  and  have  vested,  iiy  the  terras  wthatCon- 
Btituiion.'  in  the  person  of  the  President  and  Com- 
mander-in-Chief, tlie  power  to  enforce  the  execution 
of  the  laws,  and  preserve,  protect  and  defend  the  Cou- 
Btitution. 

Tiie  question  may  well  be  asked,  If,  as  Commander- 
in-Chief,  tlie  Prcs. dent  may  not,  in  tmie  of  insurrec- 
tion or  war.  proclaim  and  execute  marlial  law,  ac- 
cording to  the  usages  of  nations,  how  he  can  success- 
fully per  orm  tlie  duiies  <'f  his  ollice— e.\ecute  the 
laws,  preserve  the  Coustitution,  suppress  insurrection, 
and  repel  invasion? 

Martial  law  and  military  tribunals  are  as  essential 
to  tlie  successful  prosecuuon  of  war,  as  are  men,  and 
arms,  and  munitions.  The  Constitution  of  the  United 
States  has  vested  the  cower  to  declare  war  and  raise 
armies  and  navies  e.\clusivel.v  in  the  Congress,  and 
the  power  to  i^roscculethewar  and  command  the  army 
and  navy  exclusively  in  tlie  President  ot  the  United 
States.  Asunder  the  Conlederation,  the  commander 
of  the  army,  appointed  only  by  the  Congress,  was  by 
the  resolution  oi  that  Congress  empowered  to  act  us  he 
might  think  proi  er  lor  the  good  and  wellareoi  the  ser- 
vice; subject  only  to  such  restraints  or  orders  as  the 
*  Congress  might  give;  so,  under  the  Constitution,  the 
President  is,  by  the  people  who  ordained  that  Consti- 
tution and  declared  him  Commander-in-chief  oi  the 
army  and  navy,  vested  with  lull  power  to  direct  and 
control  the  army  and  navy  of  the  United  Stales,  and 
employ  all  the  lorces  necessary  to  preserve,  protect 
and  defend  the  Constitution  and  execute  the  laws,  as 
enjoined  by  his  oaih  and  the  very  letter  of  the  Consti- 
tution, subject  to  no  restriction  or  direction  save  such 
as  Congress  may  irom  tune  lO  time  prescribe. 

That  these  powers  lor  the  common  de.ense,  intrusted 
by  the  Constitution  e.xclusi  vely  to  the  Congress  and  the 
President,  are,  in  time  of  civil  war  or  loreign  invasion, 
to  be  exercised  without  limitation  or  restraint,  to  tlie 
extent  of  the  publ.c  necessiiy,  and  without  any  inter- 
vention of  tiie  Federal  judiciary  or  of  State  constitu- 
tions or  State  laws,  are  facts  ia  our  history  not  open  to 
question. 

The  position  is  not  to  be  answered  by  saying  you 
make  the  American  Congress  thereby  omnipotent,  and 
clothe  the  Ami'rican  K.xecutive  with  the  asserted  at- 
tribute or  hereditary  monarch.v— the  king  can  tlo  no 
■wrong.  Let  the  position  be  lairly  stated— that  the  Con- 
gress and  President,  in  war  as  in  peace,  are  hut  the 
agents  ot  the  whole  people,  and  that  this  unlimied 
power  lor  the  common  defense  against  armi  d  rebillion 
or  loreign  invasion  is  but  the  power  of  the  people  in- 
trusted exclusively  to  the  legislative  and  executive  de- 
partments as  their  agents,  for  any  and  every  abuse  of 
which,  these  agents  are  directly  resi^oiisible  to  the  peo- 
ple: and  the  demagogue  cry  ol'an  omnipotent  Congress 
and  an  Executive  invested  with  r  yal  prerogatives, 
vanishes  like  the  baeless  fabric  of  a  vision.  If  the 
Congress,  corruptly  or  ojipressi vely  or  wantonly  abuse 
this  great  trust,  the  people  by  the  irresistible  power  of 
the  ballot  hurl  them  Iroin  place.  If  the  President  so 
abuse  the  trust,  the  people  by  their  Congress  withhold 
supplies,  or  by  impeachment;  transfer  the  trust  to  bet- 
ter hands,  strip  him  ol  the  franchises  of  cit'zenshipand 
of  olUce.  and  declare  him  forever  disquidilie-.l  to  hold 
any  position  of  honor,  trust  or  power  under  the  Gov- 
ernment of  his  country. 

I  can  understand  very  well  why  men  should  tremble 
at  the  exercise  of  this  great  power  by  a  monarch  whose 
person,  by  the  constitution  of  his  realm,  is  inviolable, 
but  I  cannot  conceive  how  any  American  citizen,  who 
has  laith  in  the  capacity  of  the  whole  people  to  govern 
themselves,  should  give  himself  any  concern  on  the 
subject.  Wr.  Ilallani,  the  tlistinguished  author  ot  the 
Constitutional  History  ol  England  has  said:— 

"Kings  love  to  d  splay  the  divinity  witli  whijh  their 
flatterers  invest  them  in  nothing  so  much  as  in  the  in- 
stantaneous execution  o  their  will,  and  to  stand  re- 
vealed, as  it  were,  in  the  storm  and  thunderbolt  when 
their  power  breaks  Ihrough  the  operation  ol  secondary 
causes  and  awes  a  prostrate  nation  without  the  inter- 
vention of  law." 

How  just  are  such  words  when  applied  to  an  irre- 
sponsible monarch!  how  aijsurd  when  applied  to  a 
whole  jieople,  acting  through  their  dul.v  appointed 
agents,  whose  will,  thus  declared,  is  the  supreme  law, 
to  awe  into  submission  and  peace  and  obedience,  not  a 
prostrate  nation,  but  a  prostrate  rebellion!  The  same 
great  author  utters  the  tact  which  all  history  attests, 
when  he  says:  — 

"It  has  been  usual  forall  Governments  during  actual 
Eebellion  to  proclaim  martial  law  for  the  suspension 
of  civil  jurisdiction;  and  this  anomaly,  I  mustadmi.," 
he  adds, 'is  very  far  from  being  less  indispensable  at 
such  unhapp.v  seasons  where  the  ordinary  mode  of 
trial  is  by  jury  than  where  the  right  of  decision  re- 
Bides  in  the  court."— CbmJ.  ITiat.,  vol.  i,  ch.  o,  p.  326. 


That  the  power  to  proclaim  martial  law  and  fully  or 
rartia".y  suspend  the  civil  jurisdiction.  Federal  and 
State,  in  time  of  Kebellion  or  civil  war,  and  punish  by 
military  tribunals  all  otlenses  committed  in  aid  of  the 
puhlicenemy,  is  conferred  upon  Congress  and  the  Exe- 
cutive, necessarily  results  from  the  unlimited  grants 
of  power  lor  the  common  defense  to  which  I  have 
already  briefly  referred.  I  may  be  pardoned  for  say- 
ing that  this  position  is  not  assumed  liy  me  for  the 
purposes  of  this  occasion,  but  that  earl.v  in  the  first 
year  of  this  great  struggle  for  our  national  life  I  pro- 
claimed It  as  a  representative  of  the  people,  under  the 
obligation  of  my  oath,  and  as  1  then  bi-lieved,  and 
still  believe,  upon  the  authority  of  the  great  men  who 
Ibrmed  and  fashioned  the  wise  and  majestic  labric  of 
Ameri'-an  Government. 

Some  of  the  citations  which  I  deemed  it  my  duty  at 
that  time  to  make,  and  some  of  which  I  now  repro- 
duce, have,  I  am  pleased  to  say,  found  a  wider  circula- 
tion in  books  that  have  since  been  published  by  others. 
When  the  Constitution  was  on  trial  lor  its  deliver- 
ance before  the  people  of  the  several  States,  its  ratifi- 
cation was  opposed  on  the  ground  that  it  con'erred 
upon  Congress  and  the  Executive  unlimited  power  for 
tlie  common  defense.  To  all  such  objectors,  and  they 
were  numerous  in  every  State,  that  great  man,  Alex- 
ander Hamilton,  whose  words  will  live  as  long  as  our 
language  lives, speakiii'.;  to  the  listening  people  of  all 
the  States  and  urgingthem  not  to  reject  that  matchless 
instrument  which  bore  the  name  ot  Washington, 
said: — 

"The  authorities  essential  to  the  care  of  the  common 
delense  are  these — To  raise  armies:  to  build  and  equip 
fleets;  to  prescribe  rule^  for  the  government  of  both; 
to  direct  their  operations;  to  provide  lor  their  support. 
These  powers  ought  to  exist  without  limitation; 
because  it  is  impossible  to  loresee  or  deline  the  extent 
and  variety  of"  national  exigencies,  and  the  corres- 
pmdent  extent  and  variety  of  the  means  which  may 
be  necessary  to  satisly  them. 

•'The  circumstances  that  endanger  the  safety  of  na- 
tions are  intiniie,  and  for  this  reason  no  constitutional 
shackles  can  wisely  be  imposed  on  the  power  to  which 
the  care  of  it  is  committed.  *  *  *  This  power 
ought  to  be  under  the  direction  of  the  same  councils 
which  are  appointed  to  preside  over  the  common  de- 
fense. »  *  *  It  must  be  admitted,  as  a  necossary 
consequence,  that  there  can  be  no  limitation  of  that 
authorit.v,  which  is  to  provide  for  the  de  ense  and  pro- 
tection of  the  commnnity,  in  an.v  manner  essential  to 
its  efficacy;  that  i.,  in  any  manner  essential  to  the  lor- 
mation.  direction,  or  support  oi  the  national  lorces." 

He  adds  the  further  remark:— "This  is  one  of  those 
truths  which,  to  a  correct  and  unprejudiced  mind,  car- 
ries its  own  evidence  along  with  it,  and  may  be  ob- 
scured, but  cinnot  be  made  plainer  by  argument  or 
reasoning.  It  rests  upon  axioms  as  simple  as  they  are 
universal  thejiirait.i  ought  to  be  uroporlioned  to  the 
fiul;  the  persons  from  whose  agi  ncy  the  attainment  of 
an.v  end  is  expected  ought  to  poa.ess  the  means  by 
wliich  it  is  to  be  attained."— /Vt/r/fi^i'sY,  No.  '2.1. 

In  the  s;ime  great  contest  lor  the  adoption  of  the 
Constitution  Madison,  sometimes  called  the  Father  of 
iheConstitution.said:— 

••Is  the  power  ot  declaring  war  necessary?  No  man 
will  answer  this  question  in  the  negative.  *  *  * 
Is  the  power  of  raising  armies  and  eejnipping  fleets  ne- 
cessary? *  *  *  It  is  involvedin  the  powerof 
self-'lelense.  *  *  *  With  what  color  of  pro- 
priety could  the  force  necessary  for  delense  be  limited 
l>.V  those  who  cannot  limit  the  force  of  oll'ense.  *  * 
The  means  of  security  can  only  be  regulated  by  the 
means  and  the  danger  ot  attack.  *  *  *  It  is 
in  vain  to  oppose  constitutional  barriers  to  the  impulse 
of  self-preservation.  It  is  worse  than  in  vain,  because 
it  phants  in  the  Constitution  itself  nece.ssary  usurpa- 
tions of  \wweT."—J''cdcrfilixt,  No.  41. 

With  this  construction  proclaimed  both  by  the  advo- 
cates and  opponents  ot  its  ratification,  the  Constitution 
of  the  United  States  was  accepted  and  adopted,  and 
that  construction  has  been  lollowed,  and  acted  upon  by 
every  department  of  the  Government  to  this  day. 

It  was  as  well  understood  then  in  theory  as  it  has 
since  been  illustrated  in  practice,  that  tiie  judical 
power,  both  Federal  and  State,  had  no  voice  and  could 
exercise  no  authority  in  the  conduct  and  prosecution 
of  a  war,  except  in  subordination  to  the  political  de- 
partment of  the  Government.  The  Constitution  con- 
tains the  signilicant  provision,  "The  privilege  of  the 
writ  of  habeas  corjius  shall  not  be  suspended,  unless 
when  in  cases  oi  rebellion  or  invasion  the  public 
safety  mav  require  it. 

What  was  this  buta  declaration  that  in  time  of  re- 
bellion or  invasion,  the  public  safety  is  the  highest  law? 
that  so  far  as  necessary  the  civil  courts  (ol  which  the 
Commander-in-Ciiiei.  under  the  direction  o*'  Congress, 
shall  be  the  sole  judge)  must  be  silent,  and  the  rights  of 
each  citizen,  as  secured  in  time  of  peace,  must  yield  to 
the  wants,  interests,  and  necessities  of  the  nation?  Yet 
we  have  been  gravely  told  by  the  gentleman,  in  his 
argument,  that  the  niaxi  m  solii.i pojnUi  xuprr ma  rst  lex, 
is  but  fit  for  a  tyrants  use.  Those  grand  men,  whom 
God  taught  to  build  fabric  of  empire,  thought  other- 
wise, when  they  put  that  maxim  into  the  Cjustitution 
of  their  eountrj-.  It  is  very  clear  that  the  Constitution 
recoguizes  the  great  principle  which  uuderlies    tte 


182 


TRIAL   OF   THE   ASSASSINS   AT  WASHINGTOX. 


structure  of  society  and  of  all  civil  government,  that 
no  luaii  lives  fonr  liimself  nlone,  but  each  lor  all:  that, 
ir  need  be,  some  must  die,  that  the  btate  may  live, 
because  at  best  the  Individual  is  but  for  to-day,  while 
the  cummonwealth  is  lor  all  time,  I  a^ree  vvllh  Uie 
gentleman  in  the  maxim  which  he  borrows  Irom 
Aristotle,  "Let  llie  public  weal  be  under  the  protection 
ot' the  law;"  but  I  claim  that  in  war,  as  in  peacp,  by 
the  very  terms  of  the  Cousticiitiiin  of  the  country, 
the  public  safety  is  under  the  protection  of  the  law; 
that  the  Const!  ut  on  it:self  has  provided  for  the  decla- 
ration of  war  lor  thecummon  delense,  lo  suppress  re- 
bellion, to  reycl  invasion,  and.  by  express  Icrms,  has 
declared  that  whatuveris  necessary  tu  make  the  prost'- 
cution  of  the  war  successful,  may  be  done,  and  ought 
to  ba  done,  and  Is  therefore coustitutionallv  lawiui. 

Who  will  dure  to  sav  that  in  time  of  civil  war  "no 
person  shall  be  deprived  of  liie.  liberty,  and  oroperiy. 
wiihont  due  process  of  law?''  This  is  a  jirovision  of 
your  Loiisutiuioii  than  wuich  there  is  none  more  .iust 
orsacred  in  it;  it  is,  however,  only  the  law  of  peace, 
not  of  war.  Ill  ]>oace,  that  wise  provision  of  the  t'on- 
slitutioii  must  be,  and  is,  cnloiced  by  the  civil  courts: 
in  war,  it  imist  be.and  is.lo  a  trreat  extent,  inoperative 
and  d.sre^arded.  The  thousands  slain  by  your  armies 
In  battle  weie  deprived  ol  life  "without  due  process  of 
law.'-  All  Kiiies  arrested,  convicted  and  executed  by 
your  military  tribunals  in  timeot'war,  are  deprived  of 
libertv  una  li.'e  "without  due  process  of  law;"  all  ene- 
mies "captured  and  held  as  prisoners  of  war  are  de- 
prived of  liberty  "without  due  process  of  law:"  all 
owners  whose  property  is  forcibly  seized  and  appro- 
priated in  war  are  deprived  of  their  property  "without 
dueproeess  of  law."  The  Cunstitution  recognizes  this 
principle  of  common  law,  that  every  man's  house  is  his 
castle;  that  li:3  hunie,  the  shelter  of  his  wi.eaiid  cUild- 
reu,  is  his  most  sacred  possession:  and  has  therelore 
specially  urovidea.  "that  no  soldier  shall  in  time  of 
peace  hequanered  in  any  house  without  iho  consent  of 
its  owner,  nor  in  time  of  war,  but  in  a  manner  to  be 
prescribed  bv  law  (III  Amendment),  thereby  de- 
claiinsr  that'in  time  of  war  Congress  may  by  law 
authorize,  as  it  has  done,  that  without  tlie  consent 
and  aKuinst  the  consent  of  tlie  owner,  thestddier  maj' 
be  quartered  m  any  man's  house,  and  upon  any  niun  s 
benrth.  What  I  l.ave  said  illustrates  toe  proposition, 
that  111  time  of  war  the  civil  tribunals  of  justice  are 
whoUv  or  iiar.ially  siient,  as  tlie  public  safety  may  re- 
quire;"tliat  the  luiiit.ilions  and  provisions  of  the  Con- 
stitution in  lavnrof  life,  liberty  and  property  u;e-there- 
furewluilyor  partially  suspended.  In  this  I  am  sus- 
tained bv  an  authoritv  second  to  none  v, ith  intelliKeiit 
Ameriean  citizens.  "Mi.  John  Quiucy  Adams  than 
whom  a  purer  man  or  a  wiser  statesman  never  as- 
cended the  chair  of  the  chief  ma^'istracy  in  America, 
said  111  his  place  in  the  House  of  Representatives,  in 
ISMH.  tltit;— 

"In  tlie  authoritv  given  to  Congress  b.v  the  Constitu- 
tion oi  the  Un. ted  "states  to  declare  war,  all  the  p.owers 
incident  to  war  are  by  necessar.v  implication  conferred 
upon  the  Government  of  the  United  States.  Kowliie 
powers  ineiileiital  10  war  are  derived,  not  troin  their 
internal  municipal  source,  but  from  the  laws  and 
usages  of  naiions.  Thereare.  then,  in  the  authority  of 
Congress  and  of  the  JJxeeutive  two  classes  of  powers 
altogether  dilferent  in  their  n.ilure  and  otten  incom- 
patible with  eac.i  other,  the  war  power  and  thepeace 
power.  The  peace  power  is  limited  by  re-;ula- 
tions  and  rcstric.ed  by  provisions  pre-cribed  within 
the  Consiitut.oii  itse.f.  The  war  power  is  limited 
only  b.y  the  laws  and  usage  of  nations.  This  power  is 
treinendius;  it  is  strictly  constitutional,  but  it  breaks 
down  every  barrier  so  anxiously  erecied  lor  the  pro- 
tection ot  liberty,  of  property,  and  ofliie." 

If  this  be  so.  how  can  there  be  trial  by  jury 
for  military  offenses  in  time  of  civil  war'?  If 
you  cannot,  and  do  not.  try  the  armed  enemy  before 
you  shoo;  him,  or  the  captured  enemy  beliire  you  im- 
pr)8ou  him,  why  should  you  be  held  to  open  the 
civil  courts  and  try  the  spy,  the  conspirator,  and 
the  assassin,  in  the  secret  service  of  the  public  eiie- 
niv.  bv  jury,  before  you  convict  and  liUnish  him'.' 
Why  "not  "clamor  asaiiist  holding  imprisoned  the 
capiuretl  arm  d  Rebels,  deprived  ol  their  liberty  with- 
out Uie  pro^esi  of  1  iw'/  Are  they  not  citizens?  Why 
not  clamor  aganst  slaving  lor  their  crime  of  treason, 
■which  is  cogiiiz„blJ  in  "the  civil  courts,  by  your  rilled 
Old ua nee  and  the  iron  hail  oi  your  musketry  In  battle, 
these  public  enemies,  without  trial  by  iury?  Are  they 
not  citizens?  Why  i-  tlia  camor  couhned  exclusively 
to  the  in  d  by  military  tribunals  of  justice  o.  traitorous 
spie'S,  traitorous  c.iispiralors  and  assassins  hired  to  do 
secnti.v  wnat  the  armed  Itebel  attempts  lo  do  open  y, 
murder  yoir  mUionality  by  assasinating  its  defenders 
audits  executive  oUicers?  ISolliing  can  be  clearer 
tlian  that  tlit  Rebel  cap.tured  pnsuuer,  being  a  citizen 
oi  the  republic  is  rs  much  entitled  lo  trial  by  jury 
belbreheli  c:iu:miited  to  prison  as  the  spy,  or  tlie 
aider  and  abetter  of  the  treason  by  conspiracy  and 
assassination,  bein  ;  a  citizen,  is  entitled  to  such  trial 
by  jur.N  be. ore  he  is  subjected  to  the  just  punishment 
ol  the  law  lor  his  gieat  crime.  1  think  thatintimeof 
war  the  remark  of  JMontesciuieu,  touching  the  civil 
jud. clary,  is  true,  ih.it  "  it  is  next  to  nothing."  Hamil- 
ton well  said,  "  Tht  Kxecutive  holds  the  sword  ol  the 
cummuuity:   the  judiciary  has  no  direction  of  the 


strength  of  society;  it  has  neither  force  nor  wilt;  it  has 
imlgniint  alone,  and  is  dependent  for  the  execution  of 
that  upon  the  arm  of  the  Kxecutive."  The  jieople  of 
these  States  so  understood  the  Constitution,  and 
adopteil  It.  and  intended  thereby,  without  Imitation 
or  restraint,  to  empower  thoirCougressand  Jixee-utive 
to  authorize  b.v  law.  and  execute  oy  force,  wiiaiever 
the  public  safety  might  require  to  suppress  rebellion  or 
repel  invas.on. 

Iv'otwithstanding  all  that  has  been  Said  by  the  coun- 
sel lor  the  accused  to  the  contrary  the  Consiituion 
has  received  this  construction  Irom  the  day  of  its  ado))- 
tion  to  this  hour.  The  Supreme  Court  ol  the  Un. ted 
States  lias  solemnly  decided  that  the  Constitution  has 
con. erred  upon  the  Government  authorit.v  toeuip.oy 
all  the  means  necessary  tothe  taithlul  execution  of  all 
the  powers  which  that  Constitution  enjoins  upon  the 
Government  of  the  United  States,  and  upon  every  de- 
partment and  every  oilicer  ihereol'.  Spealcing  of  "that 
provision  of  the  Constuution  whicli  iiroviiles  that 
"Con-ress  shall  have  power  to  make  all  laws  tiiat  may 
be  necessar.v  and  proper  to  carr.v  into  effect  ail  iiowers 
grauleil  to  the  Llovermneut  of  the  Unitedi.s-lae-i,  or  to 
an.v  department  or  officer  thereoi,'  Lhief  Justice 
INIarshail.  ill  his  great  decision  in  the  case  of  ilcCul- 
loch  vs.Stateof  Jiarylaud.  sa.vs:— 

"The  powers  given  to  the  Government  imply  the 
ordiiiiiry  means  of  execution,  and  if.etiovernnient,  in 
ail  sound  reason  and  iair  interpretation,  must  have 
thechoiceof  the  means  which  it  deems  tue  nijst  con- 
venient and  appropriate  to  tue  executionof  thepower. 
*  ■■.;  *  'Xhe  powers  of  the  Governmenc  weiut;iven 
forthe  welrare  of  the  nation;  they  wereintended  lo  en- 
dure lor  ages  to  come,  and  lo  be  adapted  to  toe  various 
crises  in  human  affairs.  To  prescribe  the  specilic 
means  b.v  which  Government  should,  in  all  luture 
time,  execute  its  power,  and  lo  conliue  the  choice  of 
means  to  such  nan  ow  limits  as  should, not  leave  it  in 
thejpowerol  Congress  to  adopt  any  wiiicli  might  be 
appropriate  and  conducive  to  the  end.  would  be  most 
unwise  and  pernicious."    (4  Wheuton.  t20.) 

Words  htly  spoken!  which  illustrated  at  the  time  of 
their  utterance  tlie  wisdom  of  the  Constitution  in  pro- 
viling  this  general  grant  of  power  to  meet  every  pos- 
sible exigency  whicli  the  fortunes  of  war  miglit  cast 
u;ion  tlieicountry,  and  the  wisdom  of  wliicli  words,  in 
turn,  has  been  illustrated  to-day  by  the  gigantic  and 
tr  umpliant  struggle  of  the  people  during  the  last  lour 
years  lor  the  supremacy  of  the  Constitution,  and  in 
exact  accordance  with  its  provisions.  In  tlie  light  of 
these  wonder, nl  events  ihe  words  of  Pinckney.  ut- 
lured  when  the  illustrious  Chief  Justice  had  concluded 
this  opinion,  "The  Coustisution  of  ni.v  country  is  im- 
mortal!'' seem  to  have  become  words  of  prophecy. 
Has  not  this  great  tribunal,  through  the  chief  of  all  its 
jtulges,  by  this  luminous  and  pro.ound  reasoning,  de- 
clared that  the  Government  may  by  law  autiiurize  the 
i;.\ecutive  to  employ,  in  the  proseeulion  of  war,  the 
Old  iiarv  means,  and  all  tlie  means  necessary  and 
ailap'.iii  10  the  end?  And  in  theoiuer  decision,  before 
referred  to.  in  the  8th  of  Cranch.  arising  during  the 
l.ite  w.r  w  ,tli  Great  Britain.  Mr.  Justice  Story  said:— 

"  When  the  legislative  authority,  to  whom  the  right 
to  dec  are  war  is  conhded,  has  declared  war  in  its 
most  unlimited  manner,  the  e.'cecutive  au'.hwrity,  to 
who'M  the  execution  ol  the  war  is  conlided.  is  bound  to 
carrv  it  into  eticct.  He  has  a  discretion  vesteil  in  him 
as  to  tlie  manner  and  e.vtent,  hut  he  cannot  lawfully 
transcend  the  rules  of  wariare  estaOllshed  among 
civilized  nations.  He  caunot  lawfully  exercise  powers 
or  authorize  proceedings  which  tiie  civilized  world  re- 
pudiates and  disclaims.  The  sovereignty,  ;is  to  declar- 
ing war  and  limiting  its  ehects,  resis  with  the  legisla- 
ture. Th  '  .sovereignty  as  lo  its  execution  rests  with 
the  President."  (Brown  vs.  United  [States,  8  Cranch, 
15.;.) 

Has  the  Congress,  to  whom  is  committed  the  sove- 
reignty of  the  whole  peopletodeclare  war,  by  logisla- 
lio"ii  restricted  the  President,  or  attemiited  to  restrict 
him  in  the  prosecution  ot  this  war  lorthe  Union  from 
exercising  all  the  "powers  "  tinil  atlopting  all  the  "pro- 
ceedings'  nsuafy  approved  and  employed  by  the 
civ.lized  world?  lie  would,  in  my  judgment,  be  abold 
man  who  asserted  that  Congress  has  so  legishited:  und 
the  Congress  which  should  by  law  let;-  r  the  ex'-cutive 
arm  when  raised  lor  the  common  de  ense  W(>uld,in 
my  opinion,  b  ■  lalse  to  their  o.nli.  That  Congress  may 
prescribe  rules  lor  the  Government  of  the  army  and 
navv  and  the  militia  when  in  actual  service,  b.y  arti- 
clesol  war.  i^  an  express  grant  of  power  in  the  Con- 
stitution, which  Congress  has  rightfuliy  exercised,  and 
w^  ieh  tiie  E.xecntive  must  and  doesobe.v.  Tnai  Con- 
gress may  aid  the  Executive  by  legislation  in  tlie  pros- 
eciii  on  of  a  war,  civil  or  forei'.iu.  is  admitted.  That 
Congress  mav  restrain  the  Kxecutive.  und  arraign, 
tr.\- and  coiiClc"mu  him  lor  wantonly  abusing  the  great 
triist.  is  express. V  declared  m  the  Const, tuiion.  Tluit 
C. ingress  shall  pass  all  laws  necessary  to  enable  the 
Executive  to  execute  the  laws  of  thi-  Union,  sujipress 
insurrection  and  repel  invasion,  is  one  oi  tiie  express 
requirements  of  the  t  onstitut  on.  for  the  performance, 
ot  which  tlielVongress  is  hound  by  an  oath. 

Wliat  was  the  legislation  of  Congress  when  treason 
fired  its  first  gun  on  Sumter?  Bv  the  act  ol  ITtio  it  is 
provided  that  whenever  the  laws  of  the  United  States 
shall  be  opposed,  or  the  execution  thereoi  obstructed 


TRIAL   OF   THE   ASSASSINS   AT    WASHINGTOX. 


13 


TRIAL    OF   THE   ASSASSINS  AT  WASHINGTOX. 


183 


in  any  State  by  combinations  too  powerTiil  to  be  sup- 
pressed by  tho  ordinary  course  ot  judicial  proceedins, 
or  bv  the  powers  vested  in  tlie  niarstials.it  sliall  be 
lawful  bytliis  act  for  tbe  President  fj  call  forth  tlie 
irilitia  ofsuch  State,  or  of  any  oilier  State  or  States,  as 
may  be  necessary  to  suppress  such  conibiiiatioiis  and 
to  cause  the  laws  to  be  e.xecuted.  (1st  Siaintesat 
Large.  424.)  By  tbe  act  of  l>i,i7  it  is  provided  that  in 
case  of  insurrection  or  obstruction  to  tlie  laws,  either 
of  the  United  States  or  of  any  individual  State  or  Ter- 
ritory, where  it  is  law.ul  tor  the  Presi  tent  of  the 
United  states  to  call  forth  the  militia  for  the  purpose  of 
suppressing  such  insurrection,  orofcausin.;  ine  laws  to 
be  duly  executed,  it-sbail  belawiul  for  him  to  employ 
for  such  purpose  such  part  of  tbe  land  or  naval  lorces 
of  the  Unitedstates  as  snail  be  judged  necessary.  (2d 
Statutes  at  Lurire.  44:!.) 

Can  any  one  doubt  that  by  these  acts  the  President  is 
clothed  with  lull  powertodetfrminewhe;  her  armed  in- 
surrection exists  in  any  State  or  Territory  of  the  Union, 
and  if  so.  to  make  war  upon  it  with  all  the  force  be 
may  deem  necessar.vor  be  able  to  command?  By  the 
simple  fc.xerciseof  tbissreat  powerit  necessarily  results 
that  he  may,  in  the  prosecution  ot  the  war  fur  the  sup- 
pression of  such  insurrection,  suspend,  as  far  as  may 
be  necessary,  tbe  civil  administrationof  justice  by  sub- 
stituting in  its  stead  martial  law.  which  is  simiil.v 
the  common  law  of  war.  If,  in  such  a  moment,  the 
President  may  make  no  arrests  witlioul  civil 
warrant,  aud  may  iuHict  no  violence  or  pe- 
nalties on  persons  (as  is  claimed  here  for 
the  accused),  without  first  obtaining  the  verdict  of 
juries  and  tne  judgment  of  civil  courts,  then  is  this 
legislation  a  mockery,  and  the  Constitution,  which  not 
only  authorized  but  enjoined  its  enactment,  but  a 
glittering  generality  and  a  splendid  bauble  Happily 
tbe  Supreme  Court  has  settled  all  controversy  on  this 
ouesti.in.  In  sneaking  of  the  llhode  Island  insurrec- 
tio-n.  the  court  say:— 

"The  Constitution  of  the  United  States,  as  far  as  it 
has  jjrovided  for  an  emergency  of  this  kind  and  au- 
thorized the  general  Government  to  Interfere  in  the 
domestic  concerns  of  a  State,  has  treated  the  subject 
as  political  in  its  nature  and  placed  the  power  in  the 
hands  of  that  department."  *  *  *  * 

"By  the  act  of  1793.  tbe  power  of  deciding  whether  the 
exigency  has  arisen  upon  which  the  Government  of 
the  United  States  is  bound  to  interfere,  is  given  to  the 
President." 

The  court  add:— 

"Wlien  the  President  has  acted  and  called  out  the 
militia,  is  a  Circuit  Court  ot  the  Unitea  states  author 
Ized  to  inquire  whether  his  decision  was  right?  it  it 
could,  then  it  would  become  the  dut.v  ot  the  court,  pro- 
vided it  came  to  the  conclusion  that  the  President  har- 
decided  incorrectly,  to  discliarge  those  who  were  ad- 
rested  or  detained"  by  tne  troops  in  the  service  of  the 
Unitedstates."  *  *  *  '-Ii  tbe  judicial 

power  extends  so  far,  the  guarantee  contained  In  the 
Constitution  ot  tbe  United  States  is  a  guarantee  of  an- 
arcli.v  and  not  of  order "  *  *  «  "Yet 

if  this  right  does  not  reside  in  the  courts  when  the  con- 
flict IS  raging,  if  the  jud  cial  power  is  at  that  time 
bound  to  follow  the  decision  o  the  political,  it  must  be 
equall.y  bound  when  the  contest  is  over.  It  cannot, 
wtien  peace  is  restored,  punish  as  offenses  and  crimes 
the  acts  which  it  before  recognized  and  was  bound  to 
recognize  as  lawful."  Luther  vs.  Borden,  7  Howard, 
42,  4:i. 

If  this  be  law.  what  becomes  of  tbe  volunteer  advice 
of  the  volunteer  counsel, by  him  given  without'money 
and  without  price,  totliis  Court,  ot  their  responsbilit.v. 
their  pfr.iO)?ai  responsibilit.v,  lor  obeying  the  orders  of 
the  President  of  tbe  United  States  in  trj'ing  persons 
accused  of  the  murder  of  the  chief  magistrate  and 
commander-in-chief  of  the  army  and  navy  of  the 
United  Stales  in  time  of  Boiie'.lion.  and  in  pursuance 
of  a  conspiracy  entered  into  with  the  public  enemy? 
I  may  bep.irdoned  lor  asking  the  atienti  )n  of  tbe 
Court  to  a  further  citation  from  this  important  doei- 
Bion.  in  which  the  Court  say,  the  employment  of  mili- 
tary power  to  put  down  an  armed  insurrection  "is  es- 
sential (o  the  e.xistence  ot  every  (jovernnaeiit.  and  is 
as  necessary  to  the  States  o.  th  s  Union  as  tr>any  other 
Government,  and  if  the  (Jovernment  ot  iheState  deem 
the  armed  opposition  so  formidable  as  to  require  the 
use  of  military  force  and  the  declaration  ol  wAiiTiAi, 
i,.4\v,  wesee  no  ground  upon  which  this  Court  can 
question  its  autborit.v."— /'v/rf.  This  decision  in  terms 
declared  that  under  the  act  of  1795the  President  had 
power  to  decide  and  decided  the  question  so  as  to  e.x- 
ciude  further  inquiry  whether  thr  .State  Government 
which  thus  employed  force  and  proclaimed  martial 
law  was  the  Government  of  the  State,  and 
there  ore  was  permitted  to  act.  If  a  State 
may  do  this,  to  put  down  armed  insurrection,  may  not 
the  Federal  Government  as  well?  The  reason  of  th(> 
man  who  daubts  it  may  justly  be  questioned.  1 
but  quote  the  language  of  that  tribunal,  in  another 
case  before  cited,  wuen  I  say  the  Constitution  confers 
upon  The  Pre.sident  the  whole  execuiive  power. 

We  have  seen  that  the  proclamation  of  blockade 
made  b.y  the  President  was  alnrmed  b.v  the  Supreme 
Court  as  a  awful  and  valid  act.  ultbongb  its  d.rect 
eflect  was  to  dispose  of  the  property  o  wuoever  vio 
luted  it,  whether  citizen  oc  stranger.    It  is  difficult  to 


'  perceive  what  course  of  reasoning  can  be  adopted,  in 
the  light  of  that  decision,  which  will  justify  an.v  man 
in  saying  that  the  President  had  not  the  like  power  to 
proclaim  martial  law  m  time  of  iiisurreeti(Ui  against 
the  United  States,  and  to  es:aiil,sli.  according  tu  the 
customs  of  war  ami'iig  civil. zed  natiiHi'^.  inilitarv  tri- 
bunals of  justicefbr  itseiif.irccinent.and  fortlie  punish- 
ment of  all  crimes  committed  in  the  interests  of  the 
public  enemy. 

These  acts  of  the  President  have,  however,  all  been 
legalized  by  the  subsequent  legislation  oiCongres;.  al- 
though the  Supreme  Court  decided,  in  relation  to  the 
proclamation  of  blockade,  ttiat  no  sncli  legislation  was 
necessary.  By  theact  ol  August  «lh,  ISGl.ch.  63, section 
3,  it  is  enacted  that— 

"All  theacts.  proclamations  and  orders  of  tbe  Presi- 
dent of  the  United  states,  after  llie  4th  ol  March.  18G1, 
respecting  tbearm.vand  navy  of  the  United  States,  and 
calling  out,  or  rtlaiing  to  themiliaaor  volunteers 
from  the  States,  are  hereb.v  approved  in  all  respects, 
legalized  and  made  valid  to  the  same  extent,  and  with 
the  same  elfect  as  if  llie.v  had  been  issued  and  done 
under  the  previous  express  authority  and  direction  of 
the  Congress  o.  tbe  United  States."— (1.;  Stat,  at  Large, 
321!.) 

This  act  legalized,  if  any  such  legalization  was  neces- 
sary, all  tnatthe  President  had  doni'  from  theda.vof 
hisiuauguration  to  that  hour,  in  the  prosecution  ofthe 
war  for  the  Union.  He  had  suspended  the  jirivileije  of 
the  writ  of  habeas  corpus,  and  resisted  its  executioa 
when  issued  b.v  the  Chief  Justice  of  the  United  States; 
he  had  called  but  and  accepted  theservices  of  a  large 
body  of  volunteers  for  a  period  not  previously  author- 
ized by  law:  he  bad  declared  a  blockade  of  the  south- 
ern ports;  he  had  declared  the  Southern  States  in  in- 
surrection! he  had  ordered  the  armies  to  invade  them 
and  suppress  it;  thus  exercising,  in  accordance  with 
the  laws  of  war,  power  over  tbe  lile.  the  libert.v,  and 
the  properly  ot  the  citizens.  Congress  ratiheditand 
affirmed  it. 

In  like  manner  and  by  subsequent  legislation  did  the 
Congre-s  ratify  and  affirm  the  proclamation  ot  mar- 
tial law  of  September  2.3. 18(i2.  That  proclamation,  as 
tbe  Court  will  have  observed,  declares  that  during  the 
existing  insurrection  all  Rebels  and  insurgents,  their 
aiders  u;.  J  abettors  within  the  United  .Stifi's,  and  all 
persons  guilty  of  any  disloyal  practice  aflbrdiug  aid 
and  comfort  to  the  Ilebels  against  the  aulhorit.v  of  the 
Unitedstates,  shall  be  subject  to  martial  law  and  lia- 
ble to  trial-.and  punishment  by  courts-martial  or  mili- 
tari/commisnion;  a.\id  second,  tliat  the  writ  of  habeas 
corpus  is  suspended  in  respect  to  all  persons  arrested, 
or  who  are  now  or  hereafter  during  tiieltebellion  siiall 
be  imprisoned  in  any  Ibrt,  &c..  by  any  military  auiho- 
rity,  or  by  the  sentence  of  any  court-martial  or  iniU' 
tar'y  commission. 

One  would  suppose  that  it  needed  no  argument  to 
satisfy  an  intelligent  and  patriotic  cili^enoi  the  United 
States  that,  b.v  tlie  ruling  ofthe  Supreme  Court  cited, 
so  much  of  this  proclamation  as  declares  that  all 
rebels  and  insurgents,  their  aiders  antl  abettors,  shall 
be  subject  to  martial  law.  and  be  liable  to  trial  and 
punishment  by  court-martial  or  military  commission, 
needed  no  ratification  by  Congress.  Every  step  that 
the  President  took  against  rebels  and  insurgents  was 
taken  in  pursuance  of  the  rules  of  war  and  was  an  e.x- 
ercise  of  martial  law.  Who  sa.vs  that  he  should  not 
deprive  them,  by  the  authority  of  this  law.  ot  liie  and 
liberty?  Are  the  aiders  and  abettors  oftbese  insur- 
gents entitled  to  any  h'gher  considi'ration  than  the 
armed  insurgents  ihemserves?  It  is  against  these  that 
the  President  proclaimed  martial  law,  aud  against  all 
others  who  we:  e  guilty  of  any  disloyal  practice  alfurd- 
ing  aid  and  comfort  to  rebels  against  tiie  authority  of 
the  United  States.  Against  these  heisuspeiided  tbe 
privilege  of  the  writ  of  habeas  corpus;  and  these,  and 
onlysucb  .as  these, were  by  that  jiroclamation  subjected 
to  trial  and  punishment  by  court-martial  or  military 
commission. 

That  the  Proclamation  covers  the  ofTense  charged 
here,  no  man  will,  or  dare,  foramoinent  den.v.  Wasit 
not  a  disloval  practice;?  Wasit  notaidingaiul abetting 
the  insurgents  and  Rebels  to  enter  into  a  conspiracy 
with  them  to  kill  andmurder.  within  your  Capital  and 
your  intrenched  camp,  the  commauder-in-Chief  of  our 
army,  vour  Lieutenant-Ciencral,  and  the  Vice  Presi- 
dent, and  the  Secretary  of  State,  with  intent  thereby  to 
aid  tbe  Rebellion,  and  to  subvert  the  Constitution  and 
laws  of  the  United  .states?  But  it  is  said  that  tbe 
President  could  iiot<»stablish  a  court  lor  their  trial,  and 
tlierefore  Congress  must  ratify  and  affirm  this  Procla- 
mation. I  have  said  before  that  such  an  argument 
comes  with  ill  grace  from  the  lipsol  him  who  declared 
as  solemnly  that  neither  by  the  Congress  nor  by  the 
President,  could  either  the  Rebel  himself  or  his  aider 
or  abettor  be  lawfully  and  constitutionally  subjected  to 
tri:il  by  any  military  tribunal,  whether  court-martial 
or  military  commission;  but  the  Congress  did  ratify,  in 
the  exercise  of  the  power  vested  in  them,  every  j)art 
of  this  Proclamation.  I  have  said,  upon  the  aiUboriry 
01  the  fathers  ot  tfie  Constitution,  and  of  its  judicial  in- 
terpreters, that  Congress  has  power  by  legislation  to 
aid  the  Kxeculive  in  the  suppression  of  rebebion,  in 
executing  the  laws  of  the  Union  when  resisted  by 
armed  insurrection,  and  in  repelling  invasion. 

By  the  act  of  March  3,  1863,  the  Congress  of  tbe 


184 


TRIAL    OF   THE   ASSASSINS   AT  WASHINGTON. 


United  states,  by  the  first  section  ihereof,  declared  that 
during  tlie  presouc  Kebellion  the  President  of  tlio 
United  Htatos,  whenever  in  Ills  judgment  tlie  public 
Bafety  may  reciuire  it.  is  authorized  ti>  suspend  the  writ 
of  habeas  corpus  in  any  case  throughout  the  United 
Statos  or  any  p.ut  thereof.  IJy  the  loiirth  scclion  ot 
tlie  same  act  it  is  declared  that  any  order  of  the  Piesi- 
dent,  or  under  his  authority,  made  at  auy  time  dnrin 
thee.vistence  ot  the  present  lloljellion,  shall  beade- 
fense  in  all  courts  to  an.v  action  or  jj-oiecution,  civil  or 
criminal,  wending  or  to  be  comm^'nci  d,  lor  any  search, 
eeizurc.  arrest  or  imprisonment  made,  done  or  com- 
mitted, or  acts  om:ned  lo  bo  done,  under  and  by  virtue 
of  such  order.  By  the  tilth  section  it  is  provided  that 
if  any  .suit  or  prosecution,  civil  or  criminal,  has  been 
or  shall  be  commjnced  in  any  State  Court  against 
any  officer,  civil  or  mUitary,  or  against  any  other  per- 
son, lor  an.v  arrest  or  imprisonment  made  or  other 
trespasses  or  wrongs  done  or  committed,  or  any  act 
omitted  to  be  done  at  auy  time  during  the  present  lle- 
bellion.  by  virtue  of  or  under  color  of  any  auLhority 
derived  from  or  e.Kcrcised  by  or  under  the  President 
of  the  United  ^-tates,  if  the  defemlant  shall,  uiion  ap- 
pearance ia  such  Court,  (ile  a  petition  stating  the  lacts 
upon  allidavit.  etc.  as  aforesaid,  lor  the  removal  of  the 
cause  for  trial  totheCircuit  e'ourt,  of  the  United  .St.ates, 
It  shall  be  thodutyof  the  State  Court,  upon  bis  giving 
security,  to  procec-M  no  iurther  in  the  cause  or  pro  jecu- 
tion.  Thus  declaring  that  all  orders  of  the  President 
made  :'t  any  time durin-^t.ie  existence  of  the  present 
Ilebellion  and  all  acts  done  in  pursuance  thereof  shall 
behea  valid  in  thecouris  of  justice.  Without  further 
Inquiry,  thes  j  iirovisions  ofthis  statute  embrace  Order 
]So.  Hi,  which  is  the  proclamation  of  martial  law,  and 
necessarily  legalize  every  act  done  under  it.  either  be- 
forethe  piussageof  theact  of  isus  or  since.  Inasmuch 
as  that  procl-imation  ordered  that  all  rebels,  insur- 
gent.?, their  aiders  and  abettors  and  persons  puilty  of 
any  dislo.val  practice,  alibrdiug  aid  and  comlort  to 
rebels  against  the  autiionty  of  the  UuitedStates  at  any 
time  during  the  e.xistinginsurrection  should  be  subject 
to  martial  law  and  liable  to  trial  and  punislimeut  by  a 
TiiUiUirtj  com;nix>!iun,  the  sections  of  the  law  just  Cited 
declaring  lawful  all  acts  doue  in  pursuance  ot  sucli 
order,  including  oi'  course  the  trial  and  punishment  oy 
military  comniission  of  all  such  offenders  as  directly 
legalized  this  order  of  the  President  as  it  is  possible 
for  Con  ;ress  to  legalize  or  authorize  auy  executive  act 
whatever.    12  Star.,  at  Large.  7,w-6. 

But  after  asS'uming  and  declaring  with  great  earnest- 
ness ill  his  ariument,  that  noperson  could  be  tried  and 
convicted  lor  sucii  crimes  by  aiiy  military  tril)unal, 
■whether  a  court-martial  or  a  military  commission, 
savethosein  the  land  or  naval  service  intimeofwar, 
the  gentle.iian  makes  the  extraordinary  statement 
that  the  creation  of  a  military  commission  must  be 
authorized  by  the  legislative  deiiartment.  and  de- 
mauds,  if  there  be  any  such  legislation,  "let  the  sta- 
tute be  produced."  The  ■^statute  has  bL-en  i)roduced. 
The  nowor  so  to  try,  says  the  gentleman,  must  bo  au- 
thorized by  Congress.  When  the  demand  is  made  for 
Bucli  authority.  JUocs  not  the  gentleman  thereby  give 
up  his  argument,  and  admit  that,  il  the  Congress  has 
so  autliorized  the  trial  of  all  aiders  and  abettors  of 
rebels  or  insurgents,  for  whatever  they  do  ia  aid  of 
such  rebels  and  iusurgcntz,  during  the  insurrection, 
that  thestatute  and  proceedings  under  it  are  lawiul 
and  valid?  I  have  already  shown  that  the  Congress 
have  so  legislated,  by  expressly  legalizing  order  No. 
141.  which  directed  the  trial  of  all  Itebels.  their  aiders 
and  abettoi'S,  by  inilit.ary  commission.  Did  not  Con- 
gress expres'Jly  legalize  this  order,  by  declaring  tliat 
the  order  shall  be  a  defense  in  ail  courts,  to  any  action 
or  prosecution,  civil  oi  criminal,  for  acts  done  in  pur- 
suanceofit?  No  amount  ofarguujent  could  makethis 
point  clearer  than  the  language  of  the  statute  itself. 
But,  says  the  gentleman,  if  there  be  a  statute  author- 
izing trials  by  military  commissiou.  "Let  it  be  pro- 
duced." 

By  the  act  of  March  .1,  1S63.  it  is  provided  in  section 
thirty  that  in  time  of  war,  iusurrection  or  rebellion, 
murder  and  assault  with  intent  lo  kill,  Ac  ,  when 
coannitted  by  persons  in  the  military  service,  shall  be 
punishable  by  the  sentence  of  a  "court-martial  or 
mUUary  co'iiiiiisalon.  and  tlie  punishment  of  such  ol- 
fenses  shall  never  bo  less  than  tliose  inllicled  bj'the 
laws  of  the  State  or  District  in  which  tiny  have 
been  committed.  By  the  thirty-e'ghth  section  of 
tho  same  act  it  is  provided  that  all  persons 
■wh'>  in  time  of  war  or  rpbelHoii  against  the 
United  States,  shall  bo  found  lurking  or  acting 
assfjies  in  or  about  the  camps,  ttc,  of  the  Uuited 
States,  or  elsew  iere,siiall  be  triable  by  i\  mi/.ilari/  roni- 
niLiSloii.  andshall.  iinoii  conviction.  sulTer  death.  Hero 
Is  sv  statute  winch  expressly  deflares  that  all  persons, 
■whelh<'rcitiz.-us  (jrstra.igers.  wlio  in  liino  of  rebellion 
shall  be  faunl  acting  as  spies  shall  suOVr  death  upon 
conviction  by  a  m:l.t.iry  commission.  Why  did  not 
thegenileinan  g  ve  msome  argument  upon  this  law? 
Wo  have  kpiii  tliat  it  was  the  existing  law  ot  the 
Unit*'(i  St;^te^  under  the  Confederation.  Tnen  and  since 
men  nit  in  the  land  or  naval  lorces  of  the  United 
States  have  BulTered  death  for  this  oU'ense  upon  con- 
viction l)y  courts-martKd.  If  it  was  competent  lor 
Congress  to  authorize  their  trial  by  courts-martial,  it 
Wfcj  equally  competent  for  Congress  to  authorize  their 


trial  by  military  commission,  and  accordingly  they 
have  done  so.  By  the  same  authority  theCongress  may 
extend  the  jurisdiction  of  military  commissions  over 
all  military  oliienses  or  crimes  committed  in  time  of 
rebellion  or  war  in  aid  of  the  public  enemy;  and  it 
certainly  stands  witli  right  reason  that  if  it  wero  just 
to  subject  to  death  by  the  sentence  of  a  military 
commission  all  persons  who  should  he  guilty  merely 
ollurking  as  spifS  in  the  interests  of  the  publiccnemy 
in  time  of  rebellion,  though  they  obtained  no  inform 
ation,  though  they  inllic.ed  no  personal  injury,  but 
were  simiily  overtaken  and  detected  in  the  endeavor 
to  obtain  intelligence  for  the  enemy,  those  who  enter 
into  conspiracy  with  the  enemy,  not  only  to  lurk  as 
spies  inyour  camp,  but  to  lurk  there  .as  murderers  and 
assassins,  and  who,  in  ))ursuance  of  that  conspiracy, 
commit  assassination  and  murder  npon  tlie  Com- 
mander-in-Chief of  your  army,  within  your  camp,  and 
in  aid  of  rebellion,  should  be  subject;  in  like  manner  to 
trial  by  military  commission.— Stat,  at  Large.  12,736-7, 
ch.  8. 

According!}',  the  President  having  so  declared,  the 
Congress,  as  we  have  stated,  have  allirmed  that  his 
order  was  valid,  and  that  all  persons  acting  by  autho- 
rity, and  consequently  as  a  court  pronouncing  suoli 
sentence  uiJon  the  01. ender  as  the  usage  of  war  re- 
quires, arejustilied  by  the  law  of  the  land.  With  all 
respect,  permit  me  to  say,  that  the  learned  gentleman 
has  manifested  more  acumen  and  ability  in  his  elabo- 
rate argument,  by  what  be  has  omitted  to  say,  than  by 
anything  which  he  has  said.  By  the  act  of  July  2, 18114, 
cap.  215,  it  is  provided  that  the  commanding  General 
in  thelield,  or  the  commandOTOf  thedepartment,  as 
the  case  may  be,  shall  have  power  to  carry  into  exe- 
cution all  sentences  against  guerrilla  marauders  for 
robiiery,  arson,  burglary,  &c.,  and  for  violation  of  the 
laws  and  customs  of  war,  as  well  as  sentences  against 
spies,  miitiueers,  deserters  and  murderers. 

From  the  legislation  I  have  cited,  it  is  apparent  that 
military  commissions  are  expressly  recognized  bj' the 
law-making  power:  that  they  are  authorized  to  try 
capital  oOenses  against  citizens  not  in  the  service  of 
the  United  States,  and  to  pro  ounce  the  sentence  of 
tieath  uiion  them;  and  that  the  commander  of  a  de- 
partment, or  the  commanding  general  in  thelield, 
may  carry  such  sentenceinto  execution.  But, says  the 
gentleman,  grant  all  this  to  be  so.  Congress  l-.as  not  de- 
clared in  what  manner  the  court  shall  be  constituted. 
The  answer  to  that  objection  has  already  been  antici- 
pated in  the  citation  from  llenet.  wherein  it  appeared 
to  be  the  rule  of  the  law  martial  that  in  the  punish- 
ment of  all  military  olJenses  not  provided  ior  by  tho 
written  law  of  the  land,  military  commissions  are  con- 
stitutecl  Ibrlliat  purpose  by  the  authority  of  the  com- 
manding ofhcer  or  the  Commander-in-Chief,  as  the 
case  may  be,  who  selects  the  olhcers  of  acourt-martial; 
that  they  are  similarly  constituted,  and  their  proceed- 
ings conducted  accord. ng  to  the  same  general  ru'es. 
That  is  a  iiart  of  the  very  law  martial  whicli  the  Pre- 
sident proclaimed,  and  which  the  Congress  has  legal- 
ized. The  proclamation  has  declared  that  all  sucU 
offenders  shall  be  tried  by  military  commissions.  The 
Congress  hasle;alized  the  same  by  the  act  which  I 
have  cited;  and  by  every  intendment  it  must  be  taken 
that  as  martial  law  is.  by  the  proclania'ion.  declared  to 
be  the  rule  by  which  they  shall  be  tried,  the  tJongress. 
in  aliirmingtheact  of  the  P  esideut,  simply  declared 
that  tliey  should  be  tried  according  to  the  customs  ot 
martial  law:  that  the  Commission  should  be  consti- 
tuted by  the  Commander-in-Cuiei  according  to  the  rule 
of  procedure  known  as  martial  law,  and  that  the 
Ijenaliies  indicted  should  be  in  accortiance  witli  the 
laws  of  war  and  the  usages  of  nations.  Legislation  no 
more  definite  than  this  has  been  upon  your  statute 
book  since  the  beginning  of  the  century,  and  has  been 
held  by  the  Supreme  Court  of  the  Uuited  States  valid 
for  the  punishment  of  oOenders. 

I?y  the  thirty-second  article  of  the  act  of  2'!d  April, 
isuo,  it  is  provided  that  "all  crimes  committed  by  per- 
sons belonging  to  the  navy  which  are  not  specilied  ia 
the  foregoing  articles  shall  be  punished  according  to 
the  laws  and  customs  in  such  cases  at  sea."  Ofthis 
article  the  su|jreme  Court  of  the  United  States  say, 
that  when  ofienses  and  crimes  are  not  given  in  terms 
orby  definition,  the  want  of  it  may  be  supplied  by  a 
comprehensive  enactment,  sue 'i  as  the  thirty-second 
article  of  the  rules  lor  the  government  of  the  navy; 
which  means  that  courts-martial  have  jurisdiction  of 
such  crimes  as  are  not  specilied,  but  which  have  been 
recognized  to  be  crimes  and  oll'enses  by  the  usages  in 
navies  of  all  nations,  and  th:.t  they  shall  be  punished 
according  to  tue  laws  and  customs  of  the  sea.— (Dynes 
vs.  Hoover,  2i> Howard,. s2.) 

But  it  is  a  fact  that  must  not  be  omitted  in  the  reply 
which  I  make  to  the  gentleman's  argument,  that  an 
ehbrt  was  marie  by  himself  and  others  in  the  Senate 
of  the  United  Stales,  on  the  ;!d  of  Starch  last,  to 
condemn  the  arrests,  imprisonments,  <S:c.,  made  by 
order  of  the  President  of  the  United  States  in  pur- 
suance of  his  proclam  ition,  and  to  reverse,  by 
the  judgment  of  that  body,  the  law  which  had  been 
belbre  p.assed  allirming  his  action,  which  eflbrtmost 
signally  failed. 

Thus  we  see  that  the  body  which,  by  the  Constitu- 
tion, If  the  President  had  been  guilty  of  the  misde- 
meanors alleged  against  bim  in  this  ari^ument  ot  the 


TRIAL   OP   THE   ASSASSINS  AT  WASHINGTON. 


185 


gentleman,  would,  upon  presentation  of  such  charge 
in  legal  form  ag;\inst  tho  President,  const:tuie  the  high 
court  of  impeachment  for  his  trial  und  condenuuition, 
has  decided  the  quosiion  in  advance,  and  declartd 
upon  llie  occasion  relerrcd  to,  as  they  had  hcloiB  de- 
clared by  solemn  enactmeni.  that  this  order  of  tlie 
President  declaring  martial  law  and  the  iiunishmenc 
of  all  rebels  and  insurgents,  their  aiders  and  ahettors, 
by  military  commissicin, should  be  enforced  during  tiie 
insurrection  as  tho  lai\'  of  tho  land,  and  that  the 
offenders  stiould  be  tried  as  directed  by  raiiitury  com- 
mission It  may  be  said  that  tliis  suliseqii^ut  legisla- 
tion of  Ooncress.ratiiying  and  aflirmlngwhat  liad  been 
done  by  the  Pre-sident.can  have  no  validity.  Ol  course, 
it  cannot  if  neitluT  iheC'ongress  northe  E.\ecuiive  can 
authorize  the  proclamation  and  en.orconient  of  mar- 
tial law  in  the  suppression  of  reiiehion  lur  ttiopunisli- 
mentuf  all  persuus committing  military  olfeiise-;  in  aid 
of  that  rebellion.  Assuming,  however,  as  thegeutle- 
man  seemed  to  assume,  by  askiii,4  lor  tne  legislation  of 
Congress,  ttiat  there  is  such  power  in  Congress,  the 
Supreme  Court  of  the  United  States  has  solemnly 
afiirmed  that  such   ratification  is  \-alid.    (2  E'.ack,  671.) 

The  gentleman's  argument  is  full  of  citations  of  Eng- 
lish precedent.  Tliere  is  a  late  English  precedent  bear- 
ing upon  this  point— the  power  of  the  legislaiure,  by 
subsequent  enactment,  to  legalize  executive  orders,  ar- 
rests and  imprisonment  of  citizens— that  I  beg  leave  to 
commend  to  his  consideration.  I  refer  to  the  statute  of 
11  and  12  Victoria,  ch.  35,  entitled  "An  act  to  em- 
power the  Lord  Lieutenant,  or  other  chief  governor  or 
governors  of  Irelnnd,  to  apprehend  and  detain  until 
the  1st  day  of  March,  IS-lii,  such  persons  as  he  or  they 
Shall  su.fper-t  oi'  conspiring  against  Iter  Majesty's  per- 
son and  tiovernment."  passed  July  "5,  1S48.  which 
statute  in  terms  declares  that  all  and  every  person  and 
persons  who  is,  are,  or  shall  be.  witlnn  that  period, 
within  that  part  of  the  I'nited  Kingdom  of  England 
and  Ireland  called  Ireland  at  or  on  the  day  the  act 
shall  receive  her  Majesty's  royal  assent,  or  after,  by 
warrant  for  high  treason  or  treasonable  practic  s,  or 
suspici/iji  of  high  treason  or  treasonable  practices, 
signed  by  tho  Lord  Lieuienant,or  other  chief  governor 
or  governors  ot  Ireland  tor  the  time  being,  or  his  or 
their  chiel  secretary,  for  such  causes  as  aforesaid, 
mav  be  detained  in  sale  custody,  without  bail  or  main 
prize,  until  the  fir-t  day  of  March,  lS4!i;  and  that  no 
judge  or  justice  s'lall  bail  or  try  any  such  person  or 
persons  so  cmnmitted,  without  order  from  her  Ma- 
jesty's privy  counsel,  until  the  said  first  day  of  March. 
1841),  any  law  or  statute  to  the  contrary  notwithstand- 
ing. Tiie  second  section  of  this  act  provides  that,  in 
cases  where  any  persons  have  been,  before  the  passing 
of  the  act,  arrested,  committed  or  detained  I'or  such 
cause  bv  warrant  or  warrants  signed  by  the 
Officers  aforesaid,  or  either  of  them,  it  may  be 
lawful  lor  the  person  or  persons  to  whom  such 
warrants  have  been  or  shall  be  directed,  to  detain 
such  person  or  persons  in  his  or  their  cu'^tody  in  any 
place  whatever  in  Ireland;  and  that  such  person  or 
persons  to  whum  such  warrants  have  been  or  shall  be 
a'irected  shall iie  deemed  and  taken,  to  all  intents  and 
purposes,  lawlully  authorized  to  take  into  safecustody 
and  be  the  lawful  jailers  and  keepers  of  such  persons  so 
arrested,  committed,  or  detain  d. 

Here  the  power  of  arrest  is  given  by  the  actof  Parlia- 
ment to  the  Governor  or  his  becretary:  the  process  of 
the  civil  courts  was  wholly  susiiended:  bail  was  denied 
and  the  parties  imprisoned,  and  this  not  by  process  of 
the  courts,  but  by  warrant  of  a  Chief  CJovernoror  his 
Secretary,  not  (or  crimes  charged  to  have  been  com- 
mitted, lull  for  being  i'Us;;3CoZe(i  of  treasonable  practices. 
Magna  charta  it  seuuis  opposes  no  restraint,  notwith- 
Btanding  the  parade  that  is  made  about  it  in  this  argu- 
ment upon  the  iiower  uf  the  Parliament  of  lingland  to 
legalize  arrests  and  imprisonments  made  beiore  the 
passage  of  tho  act  upon  an  e.^ecutive  order,  and  without 
colorable  authority  of  statute  law;  and  to  anthnrizeliUe 
arres'.s  and  imprisonments  ol  so  many  of  si.>c  million  of 
people  as  such  executive  ofticers  might  suspect  of  trea- 
sonable practices. 

But,  says  the  gentleman,  whatever  may  be  the  pre- 
cedents I'Jnglish,  or  American,  whatever  maybe  the 
provisions  ot  the  Constitution,  whatever  may  be  the 
legislation  of  Congress,  whatever  may  be  the  procla- 
mations and  orders  of  the  President  as  Cumtnunder-in- 
chief.  it  is  a  usurpation  and  a  tyranny  in  lime  of  re- 
bellion and  civil  war  to  subject  any  citizen  to  trial  for 
any  crime  before  military  tribunals,  save  such  citizens 
as  are  in  the  land  or  naval  forces,  and  against  this 
usurpation  which  he  asks  this  Court  to  rebuke  by  so- 
lemn decision,  he  appeals  to  public  opinion.  I  trust 
that  I  set  as  high  value  upon  enlightened  public 
opinion  a-s  any  man.  I  recognize  it  as  the  reserved 
power  of  tho  people  which  creates  and  dissolves  ar- 
mies, which  creates  and  dissolves  legislative  assem- 
blies, which  enacts  and  repeals  iundainental  laws,  the 
better  to  provide  for  personal  security  by  the  due  ad- 
ministration of  justice.  To  that  public  opinion  upon 
this  very  question  of  the  usurpation  of  authority,  ot 
unlawfiil  arrests,  and  unlaw.ul  imprisonments,  and 
unlawlul  trials,  condemnations  and  executions  by  the 
late  President  of  the  United  States,  an  appeal  has  al- 
ready been  taken  to  public  opinion.  On  this  very  issue 
tl»e  President  was  tried  be  ore  the  tribunal  of  the  peo- 
plB;  that  great  nation  of  ireomea  who  cover  this  conti- 


nent, looking  out  upon  Europe  from  their  eastern  and 

upon  Asia  from  their  western  homes.  That  people 
came  to  the  consideration  iil  this  issue  not  unmindful 
of  the  lact  that  the  first  strugcle  for  the  establishment 
of  our  nationality  could  not  have  been,  and  was  not 
successfully  prosecuted  witlKJUt  the  proclamation  and 
enforcement  of  martial  law,  declaring,  r.s  we  have 
seen,  that  any  inhabitant  who,  during  that  war,  should 
kill  any  loyal  citizen,  or  enter  into  any  combination 
for  that  purpose. should,  ujioii  trial  and  conviction  be- 
iore a  military  tribunal,  be  sentenced  as  an  assassin, 
traitor  or  spy,  and  shuuld  snlTer  death,  and  that  ia 
this  laststrnggle  fortlie  maintenance  of  American 
nationality  the  President  but  followed  the  e.xample  of 
tiie  illustrious  Father  of  his  Country.  U|ion  that  issue 
the  people  p.assed  judgment  on  the  sth  day  of  last  No- 
vember, and  declared  that  the  charge  of  usurpation 
was  lalse. 

From  this  decision  of  the  people  there  lies  no  appeal 
on  this  earth.  Who  can  rightlhlly  challenge  (he  au- 
thority of  the  American  people  to  decide  such  quest ion.s 
for  themselves?  The  voice  of  the  people,  thus  solemnly 
proclaimed,  by  the  omnipotence  ol  the  ballot,  in  favor 
of  the  righteous  order  of  their  murdered  President, 
issued  by  him  for  the  common  defense,  lor  the  preser- 
vation of  the  Constitution,  and  lor  the  enforcement  of 
the  laws  of  the  Union,  ought  to  heacceiJted.and  will  be 
accepted.  I  trust,  by  all  just  men.  as  the  voice  ofGod. 

Mr.  Ewing  said,  1  ask  permission  of  the  Court  to  say 
in  response  to  the  allusion  cf  the  Assistant  .Tudgo  Ad- 
vocate to  my  acts  as  military  commander,  that  ne  will 
find  in  the  Bureau  ol  Military  Justiceno  records  of  the 
trial  in  my  former  commands  of  any  persons  not  ia 
the  military  service  of  the  United  States  or  in  the  Con- 
federate service,  except  guerillas,  robbers  and  others, 
liosfrs  hiiimtni geneilf  taken  flagrante  bello,  with  arms 
in  their  hands,  or  in  acts  of  hostility,  and  if  he  will  do 
me  the  favor  to  reler  to  my  argument  on  the  jurisdic- 
tion, he  will  see  that  I  not  only  did  not  deny,  but  con- 
ceded the  power  of  arrest  and  summary  puuisliment 
by  the  commanding  general  in  the  lield  of  all  such  per- 
sons, restricted  only  by  the  laws  and  the  orders  of 
military  superiors. 

The  Court  adjourned  until  to-morrow,  at  1  o'clock. 


Wednesday,  .Tune  2S.— The  Court  met  at  1  P.  M. 
when  .\ssociate  Judge  Bingham  resumed  his  argument 
as  follows : — 

May  it  please  the  Court :  I  have  said  thus  much  con- 
cornipg  the  rigiit  of  the  people  under  their  Constita- 
tion, in  time  of  civil  war  and  reboLion,  to  proclaim 
through  their  Executive,  with  the  sanction  and  ap- 
proval of  their  Congress,  martial  law,  and  enforce  the 
same  according  to  the  usage  of  nations. 

I  submit  that  it  has  been  shown  that,  by  the  letter 
and  spirit  of  the  Constitution,  as  well  as  by  its  con- 
temporaneous construction,  followed  and  approved  by 
every  department  of  the  Government,  this  right  is  ia 
the  people;  that  it  is  .inseparable  from  the  condition 
of  war.  whether  civil  or  foreign,  and  absolutely  es- 
sential to  its  vigorousand  successful  prosecution;  that, 
according  to  the  highest  authority  upon  constitu- 
tion;:! law,  tho  proclamation  and  en.orcement  of  mar- 
tial law  are  "usual  under  all  Governments  in  timeof 
rebellion;"  that  our  own  highest  judicial  tribunal  has 
declared  this  and  solemnly  ruled  that  the  question  of 
theiucessitv  for  its  exercise  rests  exclusively  with 
I  ongress  and  tho  President;  andtunt  the  decision  of 
the  political  departments  of  the  Government  ,that 
tiiero  is  an  armed  rebellion  and  a  necessity  for  the  em- 
plovrr.cnt  of  niililary  force  and  martial  law  in  its  sup- 
pression, concludes  ihe  judiciary. 

In  submitting  what  I  have  said  in  support  of  the 
jurisdiction  of  t  his  honorable  Couct  and  ot  its  constitu- 
tion.! I  power  to  he  r ;  nd  determine  this  issue,  1  have  ut- 
tered my  ownconvictions,  and  for  their  utterance  in  de- 
fense oi'iny  country  and  its  right  to  employ  all  the  means 
necessary  for  the  common  delense  against  armed  re- 
bellion and  secret  treasonable  conspiracy  in  aid  of 
ru(  h  llebellion,  I  shall  neither  ask  nor  oli'er  apolog.v. 
L  (in.l  no  words  Willi  which  more  liily  to  conclude  all 
I  have  losavupon  the  question  ot  the  jurisdiction  and 
cousiitntional  nutliority  of  this  (jourt  than  those  em- 
ployed bv  t'lO  illustrious  Loril  Brougham  to  the  House 
nt  Pcers,"in  supp  rtofthe  bill  referred  to,  which  em- 
poivcred  the  Lord  Lieutenant  of  Ireland  and  his  de- 
puties to  apprehend  and  detain,  lor  tlie  period  of  seven 
months  or  moie.  all  such  persons  within  tliat  island  as 
they  should  suxp-ct  of  conspiracy  against  Her  Majesty's 
rer;on  and  Government.  Said  that  illustrious  man, 
"  A  friend  of  liberty  I  have  lived,  and  such  will  I  die; 
nor  care  I  how  soon  the  latter  event  may  hapiicn,  if  I 
cannot  be  a  friend  of  liberty  without  being  a  friend  or 
traitors  at  the  same  time,  a  prote-'tor  ol  criminals  of 
the  deepest  dye,  an  accomplice  of  Ibul  rebellion  and  of 
its  concomita'nt  civil  war,  with  all  its  atrocities  and  all 
its  fearlul  consequences."  (Hansard's  Debates,  3d 
series,  vol.  Kiu,  p.  635.) 

May  it    please  the  Court:— It    only    remains    for 


186 


TRIAL    OF   THE   ASSASSINS    AT   WASHINGTOX. 


me  to  sum  up  the  evidence,  and  present  my  views  ot 
the  law  nrisinr;  noon  the  lucts  in  the  case  on  trial.  The 
qtif>s  ions  of  li'C'^  involved  in  the  issue  i.re:— 

Fiisi.  D  d  the  accused  or  any  two  of  ihem.  confede- 
rate .ind  conspire  together  as  chanred.'  and 

Second.  D.d  the  accused,  or  any  of  them,  in  pur- 
suance of  such  conspiracy  .  and  with  the  intent  al- 
Irg^d.  commit  either  or  all  of  the  several  acts  speci- 
fiea? 

If  the  conspiracy  be  established,  as  laid,  it  results 
that  wiiaiover  was  sa'd  or  di.ne  hyciflieroi  tiiopar- 
tirs  there'o,  in  Hie  furtherance  or  execution  of  the 
common  d<^sisn.  is  ihe  dec.aia  ion  or  act  of  all  the 
o  herpartiesi  >  lh'>con"'piracy;  and  this  whether  the 
o'her  parlies,  at  ihe  ;inie  uich  words  were  uUerpd,  or 
eucii  PC",  done  by  the  r  conederalcs,  were  present  or 
absrni,  here.  wit_in  Uio  intrenclied  lines  of  your  Capi- 
tal, or  cvouchin.K  behind  the  inlrencliod  lines  <]f  IMch- 
mond.  oviiwaiiin!;  tbe  results  oi  tlie:r  murderous  p'ot 
aga  nsi  the  r  counTy,  i  is  Const  itutun  and  Jaws,  across 
the  border,  unde.  theslieiter  ol'  ihe  Urit.s  i  flag. 

The  declared  a:.d  accepted  rule  of  law  in  cases  of 
consp.racy  is  that:— 

"in  p;-ose^ul.ons  for  consp'racy  it  is  an  established 
rule  ihat  wnere  several  pei.sons  are  jiroved  to  have 
combined  together  lor  thesame  Wcmil  pn-j^O'e.  any 
aci  done  by  one  of  the  par  y.  in  pursuance  of  the  ori,gi- 
nal  roncerted  plan,  and  in  re  erence  to  the  common 
object,  is,  in  the  ccn  empla'.ion  oflaw,  aswe'l  asin 
soiiad  reason,  the  act  of  the  who'e  jiarty;  and.  there- 
fore, the  proof  of  the  act  w.H  be  evidence  against  anj' 
ot'lhi  ohers,  wl:o  were  engaged  in  the  s'f^me  general 
consp'racy.  witljont  resa'd  to  the  question  whether 
the  prisoner  is  provecJ  to  have  been  concerned  in 
the  particular  transaction."  (.Phillips  on  Evidence, 
p.  2.0). 

The  same  rule  obtains  in  cases  o'' treason— "If  seve- 
ral pe-sons  agree  to  levy  war.  some  in  one  place  and 
some  in  r.no. her,  and  one  part  V  do,actually  aipear  in 
arms,  this  is  a  levy^n.g  of  war  by  al,  as  well  those  who 
were  no.  in  armsas  tn  sowhovvero.  it  it  we''e  done  i  i 
pu.-suance  of  tlie  or  ginal  concert,  'or  those  who  made 
the  attempt  were  emboldened  by  the  confi  len  e  in 
spired  by  the  general  conrert,  and  thereiore  these 
parricular  ac  s  are  in  justice  imputable  lo  all  the 
rest.''    (1  East..  Pleas  of  the  Crown,  p.  9,";  Roioe,  8ii. 

In  ex  part"  Uo'lman  and  fi.vnrtirou'.  l  Cr.inob.  I'iii, 
Marshall,  Chief  .Uistice.  rules —  'If  war  be  aclua'ly 
levied,  that  is.  if  a  body  ot  menbeac'ua  lya;sembled, 
/or  the  purpose  of  eliecting,  bv  lorce  a  treasonable 
purpose,  all  those  who  per  orm  any  part,  however 
viinute  or  Iwwc'er  remote,  f,om  /fir  xfrne  o''  action,  and 
who  are  ac'ually  leagued  in  the  general  conspiracy 
are  to  be  conj.deredas  traito"s." 

In  Uditrcl  States  VH..Coe ct  al.  a  McLean.  601,  M"-.  Jus- 
tice Mcf<ean  su.vs:— 'A  conspiracy  Is  rarel.v  if  ever 
proved  by  positive  testimony.  Wl^en  a  crime  o.  high 
magnitude  is  about  to  be  perpetraie  1  by  acDmbinati.m 
or  ind. vidua. s  theydonot  actopeny.  oiucovertly  and 
secretly.  Tiie  purpose  formed  iskrow:)  onlyto'those 
who  enter  in;o  it.  'Un  essoneoftlieoriginalc  nspira- 
to  s  beir.iy  h.s  comoanions  and  g  ve  evidence  asainst 
them,  their  guilt  can  be  proved  (  nlv  by  cir.?umstaiit:a! 
evidence.  *  *  It  is  said  by  some  wr,ter.i  on  evidence 
that  such  circumstances  are  stronger  than  posrtive 
Plco;,  a  w  tne=3  swearing  pos  tivel.v.  it  is  said,  may 
misapprehend  the  (acts  or  swear  falsely,  but  that  cir- 
cums;ances  cannot  I.e. 

"The  common  design  is  the  essence  of  the  charge: 
and  this  niuy  be  made  to  apjiear  w  lien  the  defendants 
steadily  pursue  the  same  object,  whether  actln;j  sepa- 
rate.y  or  together,  by  comtnon  ordiHerent  means,  all 
leading  to  the  same  unlawful  result.  And  wherej  r.wo 
j'acie  evidence  has  been  guon  of  a  oinbination,  the 
»c:s  or  csnless'ons  of  one  are  evidence  against  all, 
v  *  It  isr?asonable  that  whereabod.vof  men  assume 
file  attribute  of  individuality,  w-, aether  tor  commercial 
Dusiness  or  lor  the  commission  of  a  crime,  that  the  as- 
eocialion  should  be  bound  by  the  acts  of  one  of  its 
members  in  carrying  out  tiie  design." 

It  i.3arul9cf  the  law,  not  to  be  overlooked  in  this 
connection,  that  the  conspiracy  or  agreement  of  the 
parties,  or  some  of  them,  to  act  in  conci'rt  to  accom- 
plish the  nnl.iv.ful  act  charged,  n'ay  be  established 
either  by  direct  evidence  of  a  ineeti  ig  or  oiisnuation 
lor  the  illegal  purpose  charged,  or  more  usually,  from 
the  very  nature  of  the  case,  by  circumstantial  evi- 
dence.   CJSiarUie,  ^.'ja.) 

Lord  Mansfield  ruled  that  it  was  not  necessary  to 

grove  tiie  actual  faet  of  jxcon^piracy,  hut  that  it  might 
e  collected  from  collatfral  circumstances.  iParson's 
CaiiC,  1  W.  Black  lone.  :!U2,) 

"Ii,"  sa.vs  a  great  authority  on  the  law  of  evidence, 
"on  achaiTTO  oicoiispiracy,  it  aiipear  that  two  persons 
by  t'.ieir  acts  are  pur;uing  the  same  object,  an<i  olten 
by  the  same  mr>aiis,  or  one  porlorming  part  of  tlie  act, 
and  the  other  completing  it,  for  the  attainment  of  the 
same  olijcct,  the  jury  may  d  aw  the  conclusion  there 
is  a  conspiracy.  Ifa  conspiracy  bo  form-d  and  a  per- 
son join  in  it  afterwards,  he  i;  equally  guilty  with  the 
original cmspira'ors."    (i;os"oe.  ^\'^.) 

••The  rules  of  the  admissibility  of  the  acts  and  de- 
clarations of  an.v  one  oi  t!;e  conspirators,  said  or  done 
in  furtherance  of  tlie  conimen  design,  applies  in  cases 
as  well  where  only  part  of  the  conspirators  are  in- 
dicted, or  upon  trial,  aa  wUere  ail  are  indicted  and 


upon  trial.  Thus,  upon  an  Indictment  for  murder,  if 
it  upiieiii  that  otliers.  together  with  the  prisoner,  con- 
spued  to  commit  the  crime, the  act  of  one, done  in 
pursuance  ol  that  intention,  will  be  evidence  against 
the  rest."    c.'giarkie,  •2.',7.) 

They  are  all  alike  ruilty  as  principals.  (Common- 
weahh  vs  Knapp.  0  I'lckering.  4%;  10  Pickering,  477:  6 
Term  Reijorts  &_H:  1 1  East.  .584.) 

What  is  the  evidence,  direct  and  circumstantial? 
That  the  accused,  or  either  of  tliem.  tot;ether  w.lb 
.Tohn  II.  Surratt,  John  \Vf  Ues  P.ooth,  J(-ffersoii  Davis. 
Geor?e  r.'.  Handers.  Beverl.v  Tucker.  Jacob  Thompson, 
William  O.  Clear.v,  Clement  C.  Cliiy,  George  Harper 
and  Ceorge  Young,  did  combine,  confederate  and  con- 
spire in  aidof  the  existing  Itebelhon,  as  charged,  to 
kil  and  murder  within  the  military  department  of 
Washington,  and  witliin  the  fortified  and  intrenched 
lines  then  ol,  Ahnihani  Lincoln,  late.  and.  at  the  time 
o'  the  said  combining,  con  ederating  and  conspiring. 
President  of  the  T'niti'd  States  of  Amer.ca,  and  Com- 
maiider-in-Ch.ef  of  the  Army  i.ud  Navy  thereof-  An- 
drew Johnson.  Vice  President  cf  the  United  ."States; 
William  II.  Sewiird,  secretary  of  State  o.  the  United 
States  and  Uiysses  S.  Grant,  Lieutenant-General  of  the 
armies  thereo',  and  then  in  command,  under 'he  di- 
rection or  the  President. 

The  time  as  a'd  in  the  charge  and  specification, 
when  this  conspiracy  was  entered  into,  is  immaterial, 
so  th.-.t  it  appears  by  th  •  evidence  that  the  criminal 
combinati(jn  and  agreement  were  formed  before  the 
coiumjss  on  of  thoiic.s  iilleged.  That  Jelfersoii  Davis, 
oneoftheconspirators  named,  was  the  acknowledged 
chie  and  leader  o.'  the  existin.g  Rebellion  against  the 
Government  of  the  United  States,  and  that  Jacob 
Thompson  George  N.  Sanders,  Clement  Ci.  Clay.  Bev- 
erly Tucker,  and  others  named  in  liie  specihcation, 
wereliisduly  accredited  and  authorize  1  agen's  to  act 
in  the  int  rests  o^said  Rebellion,  are  fads  established 
by  the  testimony  in  this  case  bevond-a':  question. 
That  Davis,  as  the  leader  of  said  Reheilion,  gave  to 
those  agents,  then  in  Canada,  commissions  in  blank, 
bearing  the  ofhcial  signature  ot  the  war  minister, 
Jaines  A.  Sedilon,  to  he  by  them  filled  up  and 
delivered  lo  such  agents  aj  the.v  miglit  'emp  oy 
to  act  in  the  intarests  of  the  Rebe  Ion  within 
the  United  •tales,  and  iniended  to  br>  a  cover 
rnd  protect  on  for  any  crimes  they  might 
there  n  cmimit  in  the  servic;  of  the  Itebellion, 
aie  also  facts  tslablished  here,  and  which  no  man  can 
ga  nsay,  y.'ho  doubis  that  Kennedy,  whose  conles- 
sioii.  niadeln  viewof  immediatedeath  asjroved  here 
was  commissioned  bv  i  hose  siccredited. agents  ot  Davis 
lo  burn  the  city  Ol  New  York?  tliat  lie  was  to  have  at- 
tempted it  on  the  night  of  the  Presidential  election. 
and  that  he  d.d,  in  cnmblnation  with  hisc  iiifederates, 
setfireto  four  hofe'sin  the  city  of  New  York  on  the 
night  of  the  2.'iih  of  November  last?  Who  doubts  tlmt, 
in'like  manner  in  the  iuterestsol  the  R  be  lion  and  by 
the  an  1  O'iy  of  navis,  the  e  his  agents  also  commis- 
sioned Bfune't  II.  YiHing  lo  comni't  a"S0ii.  robbery, 
and  the  murder  of  unarmed  c  tizens  in  St.  Albans, 
Vermont?  Wlio  doubts,  upon  the  t.sllmo  y  shown, 
that  D.ivis,  by  Ins  agents,  deliberately  adopted  the  sys- 
tem Oi'starvatini  for  themurder  ofourcaptivesoldiers 
in  his  hands,  or  that,  as  shown  by  theiestimony,  he 
sanctioned  the  htirningof  hospitals  and  steambnats. 
ihepronertvof  I  rivate  persimsii-u  1  paid  therefnrfrom 
his  stolen  treasure  the  sum  Oi  thirty-five  thousand  dol- 
lars in  gold  ? 

By  the  evidence  of  Joseph  ITyams  it  is  proved  that 
Thompson— the  agent  of  Jefierson  Davis— paid  him 
money  for  the  service  he  rendered  in  the  infamous 
and  fiendish  prqiect  of  importing  pestilence  into  our 
camps  and  cities  to  destroy  the  lives  of  citizens  and 
s  ildlers  a'ike,  and  into  the  house  of  the  Preiident  lin- 
the  purpose  of  destroying  his  life.  It  may  he  said,  and 
doubtless  will  besai'l,  by  the  pensioned'advocates  of 
this  Reoell  on, that.  Hynms, being  In  anT  u  ;,.isnottobe 
believed.  It  is  admitted  that  lie  isinlamous,:  sit  must 
be  conceded  that  any  man  is  nDimous  who  either  par- 
t'cipates  in  such  a  crime  or  attempts  in  aiv  w-ayto  ex- 
tenuate it.  But  it  will  be  observed  that  Ilyams  is  sup- 
ported by  the  testimony  of  Mr.  Sandfird  Conover, 
who  heard  Bhiclthiirn  and  the  other  R'  bel  agents  in 
Canada  speak  of  this  infernal  project,  and  bythetes- 
timon.'of  Mr.  Wall,  Ihe  well-known  auctioneer  of  tii is 
ci'.v,  who-e  character  is  unquestioned,  tliat  he  received 
t'lis  •ni]).irta'ion  of  pestilence  (of  c<  urse  w.ihout  any 
knowledge  or'  the  purpose),  aid  t  lat  Ilyams  con- 
signed thegoods  to  him  in  thenameof  J.  W.  Harris— a 
tact  in  itself  an  ackuowledgmeiit  ol  guilt:  ai  d  thai  he 
received  afterwards  a  letter  from  Harris,  dated  To- 
ronto, Canada  West.  December  1,  l.Sfil,  wheieln  Harris 
slated  thathe  had  not  been  able  to  c^me  to  tlioSt  ites 
S'nce  h's  return  to  Canada,  and  aske  I  (or  anacciaint 
of  thesa'e.  He  ideutilies  the  JosenliGodfrev  Ilyams 
who  testilied  in  Court  as  the  J.  W.  Harris  who 
.m"orled  the  pestilence.  The  verv  transaction 
shows  that  Ilyams'  statement  is  truthful.  He  gives 
tl:e  names  of  the  parties  connected  with  this  in- 
famy (Clement  C.  Clay.  Dr.  Blackburn,  Rev.  Dr. 
Stinirt  Robinson,  J.  C.  Hnlcomb- all  retugees 
from  the  Con  ederacy  in  Canada),  wnd  stales  that 
he  gave  Thompson  a  receipt  for  tlie  filty  dollars  paid 
to  liim,  and  that  he  was  by  occupation  a  shoemaker; 
in  none  of  which  facts  is  ttiere  an  attempt  to  dis- 


TRIAL    OF   THE    ASSASSINS   AT   WASHINGTON. 


1S7 


credit  him.  It  is  not  probable  that  a  man  In  bis  posi- 
tion in  lile  would  beableiobuy  live  trunks  ofclothing, 
sliip  iliom  all  tiie  way  I'rom  JIulilax  to  WasUingtun. 
and  then  oider  iliem  to  be  sold  at  auction,  without 
regard  to  price,  solely  upon  his  own  account.  It  is  a 
matter  of  notoriety,  that  a  part  of  his  statement  is 
verified  by  the  results  at  Newbern,  North  Carolina, 
to  which  point,  hcKays,  aportion  of  the  in;ected  goods 
were  shipped,  through  a  sutler;  the  result  of  which 
was,  that,  nearly  two  thousand  citizens  :ind  .soldiers 
died  thereabout  that  time, with  the  vellow  lever. 

That  the  Rebel  Chief.  Jefl'erson  Davis,  sanctioned 
these  crimes,  committed  and  attemiited,  through  the 
icsJrumentality  of  bis  accredited  agents  in  Canada, 
Thompson,  Clay,  Tucker,  Sanders.  Clearv,  <fcc..  upon 
the  persons  and  properly  of  the  peo|)le  of  the  North, 
there  is  positive  proof  on  your  record.  The  letter 
brought  from  Kichmond.  and  taken  irom  thearchives 
of  bis  late  preiended  Government  tnere,  daied  Fe'3- 
ruary  11,  isiw.  and  addressed  to  him  bv  a  lale  Rebel 
Senator  from  Texas,  \V.  S.  Oldham,  contains  thj  fol- 
low.ng  sigiiilicant  words:— "WhenSenaior  Johnson. of 
Jlissouri,  and  myself  waited  on  you  a  few  davs  since, 
in  relation  to  the  project  of  annoying  and  ha'rrassing 
tlioeneiny  by  means  of  burniagtheir  shipping,  towns, 
&c.,  &c.,  there  were  several  remarks  made  bv  vou 
upon  the  subject,  which  I  was  not  fully  prepared  to 
answer,  but  which,  upon  subsequent  co"niereiice  with 
parties  proposing  the  enterprise,  1  find  cannot  applv  as 
oijections  to  the  scheme.  First,  the  'combustible  ma- 
terials Consist  of  several  preparations,  and  not  one 
alone,  and  can  be  used  wiibout  exposing  the  party 
usiUg  them  to  the  least  danger  of  detection  whatever. 
****** 

"Second,  there  is  no  necessity  for  sending  persons 
in  the  military  service  hito  the  enemy's  country,  but 
the  work  may  be  done  by  agents.  *  *  *  i  have 
seen  enough  of  the  effects  that  can  be  produied  to 
satisfy  me  th:.t  in  most  cases,  without  any  danger  to 
the  parties  engaged,  and  mothers  but  verv  slighl,  we 
can,  first,  burn  every  vessel  that  leaves  a  foreign  jiort 
lor  the  United  States;  .second,  we  can  burn  every  traus- 
pi.rt  that  leaves  the  harbor  of  New  York,  or  other 
Northern  port,  with  supplies  for  the  armies  of  the 
enemy  in  thesouth:  third,  burn  every  transport  and 
gunboat  on  the  M  ississi|jpi  Iliver.  as  well  as  devastate 
the  country  of  the  enemy,  and  ail  his  people  with  ter- 
ror and  consternation.  *  *  *  j-qf  the  purpose  of 
salislying  your  mind  upon  the  subject,  I  respectfully 
but  earnestly  reiiuest  that  you  will  give  an  interview 
with  General  Hums,  formerly  a  member  of  Congress 
from  Missouri,  who,  I  think,  is  able,  Ironi  conclusive 
proofs,  to  convince  you  that  what  I  have  suggested  is 
per.ectly  leasibleand  practicable.'' 

No  one  can  doubt,  irom  the  tenor  of  this  letter,  that 
the  llebel  Uavis  only  warned  to  besatistied  that  this 
sy -tern  of  arson  and  murder  could  be  carried  on  by  his 
agentiin  the  North  successfully  and  wiihoutdetection. 
Wiihhim  It  was  not  a  crime  to  do  these  acts,  but  oiily 
a  crime  10  be  detected  in  them.  But  IJavis,  by  b.is  en- 
dorsement on  this  letter,  d.ited  the  2ntli  of  February, 
istio,  bears  witness  t(j  his  own  c oniplicitv  and  his  ovvu 
in.aruy  in.this  proposed  work  of  destruction  and  crime 
lor  ihefature,  as  well  as  to  his  complicity  in  what  had 
be. ore  beeiivittempied  without  complete  success.  Ken- 
nedy, wiih  his  coniederatea,  had  failed  to  burn  thee  ty 
otNew"iork.  "The  combustibles"' which  Kennedy 
had  employed  were,  it  seems,  de.ective.  This  was  "a 
dilhculty  to  be  overcome."  Neither  had  he  been  able 
to  consummate  the  dreadful  work  without  subjecling 
himself  to  deOction.  This  was  another  -difficulhi  to  be 
overcome."  Davis,  on  the 20th  of  February,  186.3,  in- 
dorsed uiion  this  k.tler  these  words:— "Secrera'y  of 
State,  at  his  convenience,  see  General  Harris  and  learn 
what  piau  lie  has  lor  oc«;/-co))ii)if7  the  difficulties  /lereto- 
foip  expi  rirnred.    J.  V." 

'Ibis  indorsement  is  unriuesfionably  proved  to  be  the 
handwritmg  of  Jefferson  Davis,  and  it  bears  wiine  s 
on  Its  lac.}  tuat  the  monstrous  propcjsition  met  his  ap- 
proval, and  that  he  desired  his  Rebel  Secretary  of 
State,  Benjamin,  to  see  General  Harris,  and  learn  how 
to  overcome  tlir dif/icalty  linelofore riper inir-fd,  to  w.f 
the  inemciency  of  "the  combustible  materials"  that 
had  been  employed,  and  the  liability  ol  his  agen  s  to 
detection.  .\Ucr  this,  who  will  doubt  that  be  had  en 
deavored.by  the  hand  of  incendiaries,  to  destovby 
fare  the  properly  and  lives  of  the  people  of  t.ie  North, 
and  theieoy  "fill  them  with  terror  and  consternation;" 
tliat  he  knew  his  agents  had  been  unsuccessful:  that 
he  knew  his  agents  had  oeen  delected  in  thair  villany 
and  punished  fir  their  crime;  that  be  desired  through 
a  more  per.ect  "chemical  preparation,"  bv  the  science 
and  skill  of  Professor  McCuUoch,  to  accomplish  suc- 
cessfully what  had  been  uiisiicce^sluUvartempted'? 

The  int-reepted  letter  of  his  agent.  Clement  C.  Clay, 
dated  St.  Catherine  s.  Canada  West,  November  1,  ISM. 
jsaa  acknowledgment  and  coniession  of  what  they 
had  attempted,  and  a  suggestion  made  through  J.  P. 
Benjamin,  Rebel  Seci  etar.\  ot  istate,  of  what  remained 


pipssofthe  United  States  of  the  raid  on  St,  Albans  by 
about  twenty-live  Con:ederate  so'.diers.  led  bv  Lieu- 
tenant Bennett  U.  yiiung:of  their  aaempt  and  failure 
to  buru  tjje  town;  of  tbeit  robbery  of  three  basUbs  there 


of  the  aggregate  amount  of  about  two  hundred  thou- 
sand dolar..;;  of  their  arrest  in  Canada  by  the  United 
Slates  forces;  of  their  commitment  and  the  pending 
preliminary  trial." 

He  makes  application,  in  aid  of  Young  and  his  asso- 
ciates, for  adailional  documents,  showing  that  they 
acted  ni)on  the  authority  of  the  Coniederate  States 
Government,  taking  care  to  say,  however,  that  he 
held  such  authority  at  the  time,  but  that  it  ouL'ht  to  be 
more  explicit,  so  far  as  regards  the  parliciilar  facts 
complained  o.'.  He  stales  that  he  mot '4'oung  at  Hali- 
fax, in  Way.  I8G4,  who  developed  his  plans  lor  retalia- 
tion on  the  enemy:  that  be.  Clay,  recommended  him 
tothe  Rebel  Secretary  ofWar;  that  aller  thi:),  "Young 
was  sent  back  b.vihe  Secretary  of  War  with  a  com- 
mission as  Second  Lieutenant,  to   execute  his  plans 

iind  jiurpuses,  but  to  report  to  Hon. and  myself." 

■^iiuiig  aiterwards  "proposed  passing  through  New 
England,  burning  some  towns  and  robbing  them  of 
whatever  he  could  convert  to  the  use  of  the  Con- 
iederate Cioveriiment.  This  I  approved  as  justi- 
fiable retaliation.  He  attempted  to  burn  the  town 
of  fet.  A:baus,  Vermont,  and  would  have  succeeded 
but  for  the  failure  of  the  chemical,  preparation  with 
which  he  was  armed.  Ho  then  robbed  the  banks  ot 
funds  araouiuing  to  over  two  hundred  thousand  dol- 
lars. Tli.a  he  was  not  jirompted  by  selhsh  or  merce- 
nary moiives  1  aia  as  well  satistied  as  I  am  that  he  is 
an  honest  man.  He  assured  me  before  going  that  his 
ellbrt  would  be  to  destro.v  towns  and  farm-houses,  but 
not  to  plunder  or  rob;  but  he  said  if.  alter  firing  a 
town,  he  saw  he  could  take/u/id«  from  a  bank  or  any 
house,  and  thereby  might  inflict  injury  upon  the  ene- 
my and  benefit  bis  own  Governmen„,  he  would  do  so. 
He  addpd  most  eiuphaticall.v  that  whatever  he  toolc 
should  be  turned  over  to  the  Government,  or  its  rejyre- 
soitativcs  in  j'ore/ga  lands.  My  instructions  to  him 
w-ere  to  destroy  whatever  was  valuable,  not  to  stop  to 
rob:  but  if,  alter  firing  a  town,  he  could  seize  and  carry 
off  mone.v,  or  Treasury  or  bank  notes,  he  might  do  so 
upon  condition  that  they  were  delivered  to  the  proper 
authorities  of  the  Coniederate  States,"  that  is,  to  Clay 
himself. 

■When  he  wrote  this  letter,  it  seems  that  this  accred- 
ited agent  01  Jefferson  Davis  was  as sirougly  impressed 
with  the  usurpation  anddexpoti-wi  otMr,  Lincoln's  Ad- 
ministration as  some  of  Wte  (tci?!Ocaf«  of  his  aiders  and 
abettors  seem  to  be  at  this  day;  and  be  indulges  in  the 
followingstatement:— "AH  that  a  iarge  portion  of  the 
Norihern  pcope.  especially  in  the  Northwest,  want  to 
resi?t  th    oiiiii ssioui  of  ihe  despotism  at  Washington  is 
a  leader.    '1  iiey  are  ripe  lor  resistance,  aiid  it  may  come 
soon  after  the  Pi  esidcntial  election.     At  all   events,  it 
must  come,  if  our   armies  are  not  overcome,  or   de- 
stroyed, or  aispei'srd.    No  people  of  the  Anglo-Saxon ■ 
blocdcan  long  endure  the  K6'to-23a^'on«  and  ti/rcnuiies  of 
Lincoln."  Clay  does  not  sign  the  despatch,  but  indorses 
the  bearer  of  it  as  a  jierson  who  can  identify  him  and 
give  his  name.    The  bearer  of  that  letter  was  the  wit- 
ness Richard  Mout-rcmery.  who  saw  Clay  writea  por- 
!  lion  of  the  let'.er.  and  leceivetl  it  irom  his  hands,  and 
i  subjeauently  delivered  to  the  Assistant  .Secretary  of 
i  War  oi  the  United  States,  Mr.  Dana.    That  theletter  is 
.  in  Clay's  handwriting  is  clearly  proved  by  those  fami- 
,  liar  with  it,      Mr.  Montgomery  testifies  that  he  was 
[  instructed  by  Claj'  to  deliver  this  letter  to  Benjamin, 
i  the  Rebel  Secretary  of  State,  it  hecould  get  thruughto 
Richmond,  and  to  tell  him   what  names   to  put  in  the 
blanks. 

This  letter  leaves  no  doubt,  if  any  before  existed,  in 
the  mind  of  any  one  who  had  read  the  letter  of  Old- 
ham, and  Davis'  imloricmetit  thereon,  that  "the  che- 
mical prei-arations"  and  'combustible  materials"  had 
been  tried  and  had  failed,  and  il  became  a  matterof 
great  moment  and  concern  that  they  should  be  so  pre- 
pared as,  n  the  words;of  Davis,  "to  overcome  the  dilii- 
cnlties  hereto. ore  experienced;"  that  i ;  to  say,  com- 
plete the  woik  of  destruction,  and  secure  iheperpetra 
turs  against  personal  injury  or  detection  in  the  per- 
formance of  il. 

It  only  remains  to  be  seen  whether  Davis,  the  pro- 
curer of  arson  andoftho  indisciiminate  murder  of  the 
innocent  and  unofTendlng  necessarily  resultant  there- 
from, was  capable  a.sool  endeavoring  lo  procure,  and 
in  fact  d  d  procure, the  murder,  by  direct  assassination, 
of  the  President  of  the  United  States  and  others  charged 
with  the  duly  ot  mainiaining  the  Government  of  the 
United  States,  and  of  suppressing  the  Rebellion  ia 
which  this  arch-traitor  and  conspirator  was  engaged. 

Th(!Otiicial  ijapers  oi  Davis,  captured  under  the  guns 
of  our  victorious  army  in  bis  R  bel  Capital,  identified 
beyi  nd  question  or  s.iadow  of  doubt,  and  placed  upon 
your  record,  logether  with  the  declarations  and  acts  of 
his  co-con^pirators  and  agents,  proclaim  to  all  tha 
world  that  be  was  capableof  attemptingto  accomplish 
his  treasonable  procuration  of  the  murder  of  the  late 
President,  andother  chief  officers  of  the  United  States, 
by  the  hands  of  hired  assassins. 

In  the  fall  of  l.SUl,  Lieutenant  W.  Alston  addressed  to 
"his  Excellency"  a  letter  now  before  the  Court,  which 
contains  the  following  words: 

"I  now  offer  you  my  services,  and  if  you  will  favor 
me  in  77i{/ dfs/f7n.s,  1  will  proceed,  as  soon  as  my  heailh 
will  permit,  to  rid  my  country  ot  some  o.'her  deadliest 
enemies,  by  striking  at  the  very  heaits'  blood  or  those 
who  seek  to  enchain  ber  in  slavery.    I  consider  nothing 


188 


TRIAL   OF   THE   ASSASSINS  AT  WASHINGTON. 


dUfionordbW  having  such  a  tendency.  All  I  ask  of  you 
Is,  to  lavor  me  by  granting  nje  the  neccs  ary  papers, 
«fcc.,  to  travel  on.  »  '•■  *  '•=  /  ant  peijiclii/  lumlUar 
wi'li  the  North,  and  leel  confidfnciliat  I  can  execute  any- 
thing I  undertal;e.  1  w&a  in  the  raid  last  June  in  Ken- 
tucky, under  General  Jonn  II.  Murgan:  *  »  *  wa-s 
taken  prisoner,  *  *  •■  cscajjeu  iroui  them  by  dress- 
ing niysell  in  the  garb  of  a  ctizen.  *  *  *  J  went 
through  to  the  C'aiiad.is.iroin  whence,  by  theassistui.ee 
of  CoionelJ.  P.  Uolcomb,  X  sjcueeded  in  working  nay 
■way  around  and  t.iroui,!!  the  lilotjljade.  ■■■  *  w  x 
should  like  to  have  a  jj:.r::un(Al  interview  with  you  in 
order  to  per.ect  tuu  urraiiL,'e;neuu  be. ore  siartin\;.' 

Is  there  any  room  to  doubt  that  lliij  was  a  proposi- 
tion to  o.s.sas.";uiai't,  by  I  ue  Lund  of  this  man  and  his 
associates,  such  per.sous  iu  the  North  as  he  deemed 
the  "deadliest  enemie.:,"  of  the  r.eijediun?  Tiio  weak- 
ness of  the  man  who,  for  a  iiioujent,  can  doubt  that 
euch  was  thepropos;tion  of  the  writer  of  this  letter,  is 
certainly  an  fcuJBct  of  comiuiscration.  What  hadJei- 
lerson  JJavis  losay  to  thi.s  prouosed  assassination  of 
the  "deadliest  encniies'  in  thelNonh  of  his  great  trea- 
son? Lid  the  atrocious  suggestion  kindle  iu  him  in- 
dignation against  tlic  villaia  v.'ho  olfered,  witli  liis  own 
band,  to  strike  the  blow?  JN'otalall.  On  thcconirary, 
he  ordered  his  private  secretary,  on  the  2.iih  of  No- 
vember, 11)04,  to  indorse  upon  the  letter  these  words:— 
"Lieutenant  A.  Vv'.  Alston,  accompanied  raid  into 
Kentucky,  and  was  captured;  but  esc;.ped  into  Cana- 
da, from  whence  he  lound  his  way  bacK.  Now  oliers 
his  services  to  rid  the  country  ot  some  of  it:i  ckaduest 
cnemiex;  asks  lor  papers,  &c.  Hespcctluliy  rf-ferred,  by 
direction  ol'  the  President,  to  the  honorable  Secretary 
of  War.'  It  is  also  indorsed,  lor  attention,  ■'Ey  order.'" 
Signed  -'J.  A.  Campbell,  Aisuiant  Secretary  of  War." 
Note  the  fact,  in  this  couneciion,  that  Jefforaon 
Davis  himself,  as  v.'ell  as  his  suboraiuati:.,  had,  be. ore 
the  date  of  this  indorsement,  concluded  that  Abraham 
Lincoln  was  "the  deadlie.si  enemy  "  of  tlie  llebelhon. 
You  hear  it  in  the  Rebel  camp  in  Virginia,  in  ISii.'i,  de- 
clared by  Booth,  then  and  there  present,  and  assented 
to  by  Rebel  oliicers,  that  '  Abraham  Lincoln  must  be 
killed."  You  hear  it  in  that  slaugliter-pcn  in  Georgia, 
Andersonvilie,  proclaimed amony  Kebel  oliicers,  who 
by  the  slow  torture  ot  starvation,  inllicted  cruei  and 
untimely  death  on  ten  tliousaud  of  j'our  dcienders, 
captive:;  in  their  hands  whispering,  like  demons,  their 
horrid  purpose.  "Abraham  J.inco  n  must  be  ki.lcd." 
And  in  Canada,  the  acrcditod  agents  of  Jellerson 
Davis,  as  early  as  October.  ISut,  and  a.teruard,  de- 
clared that  "Abruham  Lincoln  must  bokil.ed.  '  ii  his 
r>-elecuon  could  not  be  prevented.  'Ihe  e  a.;entsia 
Canada,  on  the  l:;ih  of  uctjber,  1S04,  delivered,  in 
Cipher,  to  be  transmitted  to  iliclimond  Ijy  liici.aid 
iiont^omery,  t.ie  v.uncss  whose  reputation  is  un- 
challenged. tl»e  following  comrjunicaiion:— 

"OcTOHErt  lo,  isi,4.— We  ag^m  nix^o  i.ie  immense  ne- 
cessity of  our  gaining  immed. ate  advantages.  (Strain 
every  nerve  lor  vicicn-y.  We  now  look  uiion  the  re- 
tlection  of  Lincoln  iiiI\ovembcr  as  aimost  certain. and 
■we  need  to  whip  these  hirelings  to  prevent  u.  Leside.s, 
■with  Lincoln  re-elected  and  his  armies  victorious,  we 
need  not  hope  even  lor  recoguition,  much  less  the  help 
nientioiK'd  in  our  last,  liolcoml)  Wi.l  explain  this. 
Those  ligures  of  the  Vankee  armies  are  ciirrect  to  a 
unit.  Our  fricndi  ihaU  be  i/itmLoUaleii/  s^t  Iu  ivork  an 
you  direct." 

To  which  an  ofiicial  reply,  in  cipher,  was  delivered 
to  Montgomery  by  an  agent  of  tne  fctate  iJepartmeut 
in  Kichmond,  dated  October  Iu.  18i;4,  as  follows:— 

"  Your  letter  of  the  loth  inst.  is  at  hand.  There  is 
yet  time  enough  to  colonize  many  voters  belbre  No- 
vember. A  blow  win  shortly  be  stricken  here.  It  is 
not  quite  lime.  General  Longstreet  i ,  to  attack  Sheri- 
dan without  delay,  and  then  move  Korth  as  far  as 
practictible  toward  u:iprotectcd  points,  'liiis  will  bo 
made  instead  of  movement  belore  mentioned.  He 
■will  endeavor  to  assist  tne  Ic ijuhlicj.ns  in,  coUecliny 
tlifAr  IjuUo's.    Be  watchiul  and  assist  him.  ' 

On  the  very  day  of  the  date  of  this  Kichmond  de- 
spatch Sheridan  was  a  tacked,  and  With  what  success 
history  will  declare.  The  Court  wili  not  fail  to  notice 
tbBl  the  rc-ciectiiiHof  Mr.  Lincoln  is  to  be  prevented,  if 
possible,  by  any  and  every  means.  Nor  will  ih>,y  iail 
to  notice  that  Holcomb  is  to  "  explain  this '—the  same 
person  who,  in  Canada,  wi:s  tin;  Irieiul  and  adviser  of 
Alston,  who  proposed  to  Davis  the  assassination  of  the 
"deadlier  eiiemie:>  '  of  the  lU'beilinn. 

In  the  despatch  of  the  ICth  of  October,  which  was 
borne  by  ^Montgomery,  and  transmitteu  to  Kichuioiid 
in  October  last,  you  will  lind  lUesu  wirds:— 'Our 
friends  shall  beimmediatei.Tsei  towork  as  you  direct." 
Mr.  Lincoln  is  the  subject  oft!. at  despatch.  Davis  is 
therein  uotUied  that  his  agents  i  i  i  ..n;;da  loo.-:  upon 
the  re-election  of  Sir.  Liucjln  in  November  as  aiiuosl 
certain,  in  this  connection  he  is  assured  by  those 
agents  that  they /■fr/iti.s  of  their  cause  are  to  i  e  set  to 
■work  as  1  iavis  Itnd  directed. 

The  conversations  which  are  proved  by  witnesses, 
•whose  character  stauils  unimpcached,  disclose  what 
"work"  the  "frieuos"  weie  to  do  under  (/ic  t/irct£ion 
of  Davis  himself.  Wlio  were  these  "  iriends,"  and 
■what  was  "the  work  which  his  agents,  TUompcOU, 
Clay,  Tucker,  and  Sanders,  had  bei  n  directed  to  set 
tlieui  at?  Let  'ihompson  answer  lor  himself.  In  a 
couvctsation  with  lliciiard  Montgomery,  m  i..e  sum- 


mer of  18G4,  Thompson  said  "heltadhi.i  friends.  Con- 
federates, all  over  the  Northern  States,  who  were  ready 
and  willing  to  go  any  length  lor  the  good  eit  the  cause 
of  the  South,  and  he  could  at  any  time  liave  the  tyrant 
Lincoln,  or  any  other  of  his  adrisers  that  he  cliose,  put 
out  of  his  uai/;  that  they  would  not  consider  it  a  (•;■.>/!« 
when  done  for  the  cause  of  the  Conlederacy."  This 
conversation  was  repeated  by  the  witness  in  the  sum- 
mer of  lStJ4  toCli-ment  C.Clay, who  immediately  stated: 
—"That  is  so;  we  are  all  devoted  to  our  cause,  and 
ready  logo  any  Ungth—tod  i  anything  under  the  sun." 
At  and  ai.out  the  time  that  these  declarations  of  Clay 
and  'i  honipson  were  made,  Alston,  who  made  the  pro- 
position, as  we  have  seen,  to  Davis,  to  be  lurnished 
with  papers  to  go  iVb?Y/iand  rid  the  Confederacy  of 
S(;me  of  its  "deadliest  enemies."  was  in  Canada.  He 
was,  doubtless,  one  ot  the  "Ifiends"  referred  to.  As 
appears  from  the  testimony  of  Montgomery,  Payne, 
the  prisoner  at  your  bar,  was  about  that  time  in 
Canad.i,  and  was  seen  slaiieling  by  Thompson's  door, 
enga,^etl  in  ii  conversation  with  Clay,  between  whom 
anei  the  witness  some  word.s  were  interchangecl,  when 
Clay  staled  he  (Payne)  wa,s  one  of  their  friends,  "we 
trust  him."  It  is  proved  beyond  a  shado.vof  (loubt, 
that  in  October  la:it,  Johi  WilKe.s  Booth,  the  assassin 
of  the  President,  was  also  in  Canada  and  upon  inti- 
mate terms  w.lh  Tiiompson,  Clay,  .Sanders,  and  other 
itebsl  agents.  Who  can  doubt,  in  tne  light  of  the 
events  which  have  sincu  transpired,  th.it  he  was  oue 
of  the  "Iriends'' to  be  "set  to  work."  as  Davis  had  al-. 
read.v  directed;  not,  perhaps,  as  yet  to  assassinate  the 
Pres:dent,  but  to  do  that  other  work  which  issuggested 
in  tiie  letter  ot  Oldham,  indorsed  by  Davis  in  his  own 
hand,  and  spread  upon  your  record,  the  wurkof  the 
secret  inceneliary,  which  was  to  "hit  the  people  of  the 
!Nonh  with  terror  and  consternation." 

Toe  other  "work''  spoken  of  by'luompson,  putting 
the  tyrant  Lincoln  and  any  of  his  advise^sout  or  t/icicay, 
was  Work  doubtless  to  be  commenced  oulyafterthe  re- 
el, caoii  of  Mr.  Lincoln,  which  they  had  already  de- 
clared in  their  despatcli  to-lheir  employer,  D.ivis,"was 
with  them  a  foregone  conclusion.  At  all  events,  it  was 
not  until  alter  the  Presidential  election  iu  ^November 
that  Alston  proposed  to  Davis  to  goNorth  on  the  work 
of  assa.jsinaiion;  nor  wasifuntilaaer  that eieclionihat 
Booth  was  luund  in  possession  oMhe  letter  wnich  is  in 
evidence,  and  which  discloses  the  puriiose  to  assassi- 
nate the  President.  Being  assured,  however,  when 
Booth  was  with  them  in  Cauada,  as  they  had  already 
declared  in  their  despatch,  that  the  re  election  of  Mr. 
Lincoln  was  certain,  m  which  event  there  would  be  no 
hope  lor  the  Co. i.ederacy,  they  doubtless  entered  into 
I  he  arrangement  with  Booth  as  one  of  their  ••friends." 
that  as.soon  as  that  lact  was  determined  he  should  go 
"to  work,'  and  as  soon  as  might  be  "rid  the  Come- 
deraey  ot  the  tyrant  Lincoln  and  of  his  advisers." 

That  tlie^e  persons  named  upon  your  record,  Thomp- 
son, banuers,  Hay,  Cieary  and 'lucker,  were  ihe  agents 
oiJetiersou  Davis,  is  another  lact  established  in  this 
case  beyond  a  doubt.  They  made  affidavit  oi  it  them- 
selves, of  record  here,  upuu  the  e.\amination  of  their 
"iriends.' charged  with  the  raid  upon  St.  Albans,  be- 
lore Judge  Smith,  111  Lanada.  It  is  in  evidence  also  by 
the  letleroi  Clay,  belore  relerred  to. 

'I he  te:,timony,  to  which  I.have  thus  briefl.v  referred, 
shows,  by  the  letter  ol  his  agents,  of  the  ISlh  of  Octo- 
ber, that  Davis  had  belore  directed  those  agents  to  set 
his  friends  al  irork.  By  the  letter  of  Clay,  it  seems  that 
his  direction  had  been  obeyed,  and  his  iriends  had  been 
set  to  work,  in  the  burning  and  rubbery  and  murder  at 
St.  Albans,  ill  tlie  attempt  to  b.rn  the  city  of  New 
York,  and  in  the  attempt  to  introduce  pestilence  into 
th.s  Capital  and  into  the  house  of  the  President. 
It  having  appeared,  by  the  letter  of  Alston,  and 
the  inoor.jemeiit  tuereou,  that  Davis  had  in  Novem- 
ber entertained  the  proposition  of  sending 
agents,  Ihul  is  to  say,  "iriends,"  to  the  North, 
to  not  only 'spread  terror  anctcoiisternation  among  the 
peeiple,'  by  means  of  his  "chemical  preparations,"  but 
al.su,  iuti.e  words  of  that  let.er,  ••.ostrike,"  b.y  the 
bands  of  a-sassins,  "at  the  heart's  blood  '  oMho  dead- 
liest enemies  in  Ihe  North  to  tliecouiederacy  of  trai- 
lirs:  it  has  also  aipeared  by  the  testimony  of  many 
respectable  wiiuesses,  amon^  others  the  attorneys  who 
represented  the  people  of  the  United  btaies  anil  the 
.','tate  o.  \  ermont,  in  the  preliminary  trial  of  the 
raiders  in  C -iiuda,  that  (  lay,  'Ihompson,  Tucker,  San- 
deis  and  Clearv,  declared  themselvei  tne  agents  of  tne 
Couf.  derauv.  It  al.o  clearly  app.  ar;  by  ihecorres- 
1)01. dviue  lefei reel  to  and  the  letter  of  Clay,  llial  they 
Wire  boldin-;,  and  at  any  time  able  to  e'Ommand  blank 
commio.sKUiS  irom  Jeueroou  Davis  i.i  auiiiorhie  f/icir 
//•u;ia.v  toelo  whatever  work  they  appointed  Ihcm  to 
"do,  in  the  in  ei  est  ol  the  Itibelliuu,  by  the  destructioa 
01  li.e  and  property  in  ihe  North. 

If  ;'.p/-(,-.u ./acitf  case  justilies,  as  we  have  seen  by  the 
law  ol  evidence  it  does,  the  intreiductioii  ot  all  declara- 
liensand  acts  of  any  of  the  parties  to  a  conspiracy, 
inie.ediind  done  iu  the  prosecution  of  the  common 
desi-jn,  as  evidence  against  all  the  rest,  it  results,  that 
wha'tev,  r  was  s.iid  <.i  nuia- in  f  atherauce  oi  the  com- 
mon design,  af.er  this  month  of  October,  18i4,  by  either 
01  ttie.se?  agents  in  Canaua,  is  ev  idence  not  only  against 
lhem-^eivcs,but  against  Davis  as  well,  of  his  complicity 
with  them  iu  the  conspiracy. 
Jir.  ixoutgomcry  le^iihes  that  he  met  Jacob  Thomp- 


TRIAL   OF   THE   ASSASSINS  AT  WASHINGTON. 


189 


Bonin  January,  at  Montreal,  when  he  said  that  "a 
jiropositiou  had  been  uiaUe  to  liimtorid  the  world  of 
the  tyrant,  Lincoln,  Stanton,  Grant.and  some  otliors; 
thatiie  knew  the  men  who  had  made  the  proposition 
were  bold,  danng  men,  able  to  execute  what  they  iin- 
dertooU;  that  he  liimself  was  in  la%'or  of  the  proposi- 
tion. But  had  dcteruiined  todeler  his  answer  untU  lie 
had  c<.insul:td  his  Government  at  }{ichmoud:  that  he 
was  tlien  only  awaiting  their  approval."  This  was 
about  the  imddle  of  January,  and.cimsequently,  more 
than  a  iiiootli  alter  ANtoii  had  made  his  pronosition 
direct  tolJavls,  in  writing,  to  go  North  and  rid  tlieir 
Contederacy olsomeol  its  •  deadliestenemics."  It  was 
at  the  tinieof  this  conversation  that  Payne,  the  pri- 
soner, was  seen  bytlie  wiuiess  standing  at  ThompsiMi  s 
door  111  converse. tion  with  Clay.  This  witness  also 
shows  the  luiimacy  between  Thompson,  Clay,  Cleury, 
Tucker  and  Sanders. 

AU'wdaysi.1  er  the  assassination  of  the  President, 
Beverly  TikiaTf^ad  to  this  w.tuess  "that  Pre.sident 
Lincoln  deserved  his  deaih  long  ago;  that  it  was  a 
piiy  he  didn't  have  it  lonn  ago;  and  it  was  too  bad 
that  tiie  boys  had  not  bt-eu  allowed  to  ivct  when  they 
wanted  to." 

This  remark  undoubtedly  had  reference  to  the  pro- 
posilions  niaile  in  the  lall  to  Thompson  and  also  to 
IJavis,  lo  rid  ti.e  South  of  its  deadliest  enemies  b.v 
their  assa.ssinatioii.  Cleary,  who  was  accredited  by 
Thonij);,ou  as  his  conhdeiilial  a^ent,  also  slated  lo  this 
witness  that  Booth  was  one  ot  the  paity  lo  whom 
Thoii)psciili;ulrelerrediiitheconversati(iii  in  January, 
In  which  he  said  i.e  knew  the  men  who  were  ready  to 
rid  the  world  of  the  tyrant  Lincoln,  and  ot  Stanton 
aiid  Grant,  tlearyalso  said,  .speaking  of  the  assa.-isi- 
nation,  •'that  It  was  a  jiit.v  that  the  vvhole  work  had 
not  bv-en  done."  and  added  "  they  hid  better  loocc  out, 
Wi;are  not  done  .vet."  mani:estly  referring  to  the  state- 
ment made  by  hiS  employer,  Thompson,  beroie  in  the 
summer,  that  not  only  the  tyrant  Lincoln,  butstanton 
audi  laiit.  and  others  of  his  advisers,  should  be  ])ut 
out  of  llie  way.  Cleary  also  .stated  to  this  witnes.s  tiiat 
Booth  had  visited  Tnompson  twice  in  the  wiiiier,  tiie 
labt  lime  in  Liecember,  and  had  ajso  been  there  in  the 
sumnu  r. 

Sanlord  Conover  testified  that  he  had  been  for  some 
time  a  cl:rk  in  the  War  Lepartment  in  Itichniond; 
that  ill  Canada  he  knew  Tliompsi  n,  Sandei's.  Cleary, 
Tucktr,  Clay  and  oilier  Itebel  agents;  tuatlie  knew 
Jolin  LL.  Surratl  and  .lolm  Wilkes  Booth;  that  he  saw 
Booili  there  upon  one  occasion,  and  Surratt  upon 
several  succvs>ive  days;  that  he  saw  Surratt  (whom  lit 
deicnues)  la  AurU  last,  in  '1  humpson's  room,  aiKl  also 
iu  c.  mpaiiy  witn  Sanders;  that  about  the  61  h  or  Tib  of 
April  lust  .SurraU  delivered  to  Jac.pl)  Thompson  a  de- 
spatch, broutiht  by  him,  from  Benjamin,  at  Iticiur.ond, 
ii  c.os.ng  one  In  c  plur  irom  J)avis.  Tiiomiisoii  had 
before  luis  1  roposed  lo  Conover  to  eitgage  in  a  plot  to 
assassinate  I'resiuenl  i-inuolii  and  his  C.;binet,  and  on 
this  occasion  he  laid  his  hand  upon  these  despatches 
and  said, '"i'liis  makes  the  thinga.l  right."  re. erring 
to  the  assent  of  the  Itebel  authorities,  and  stated  that 
the  llcbel  authoruies  had  consented  to  tlie  i.ii;t  to 
assassiiiute  Lincoln,  Joliuson,  the  Secretary  of  War, 
Becretaiy  (d' tetiite.  Judge  Lliase  and  General  Grant. 
Thompson  remarked  further  that  the  assassinalioii  ot 
these  p.irties  would  leave  the  Government  of  the 
Lniied  Stales  em. rel.v  without  a  head;  that  there  wa 
no  provision  in  tiie  Consiiiution  oi  the  United  States 
by  whicn  they  could  e.ect  another  President,  if  these 
men  were  )iut  out  of  t  I.e  way. 

Ill  speaking  of  this  a.ssussination  of  the  President 
and  otuers.Tlionii  Son  said  that  it  was  only  rem  .v,ng 
them  irom  oliice;  th„t  the  killing  of  a  tyrant  was  no 
murder,  it  seems  tnai  he  had  learned  precisely  tiie 
same  lesson  ihat  Alston  had  learned  in  November, 
when  l.ecommiinicated  v,'ith  I  )a vis. and  said,  speaking 
of  tbe  PresKie..L'3  assa-sln.ition,  "he  did  not  ihiiikaoy- 
thiog  di  hoiioraide  thai  would  serve  their  cause." 
'lhonip,soiisiate.tutt:.esameliaiethatlieha.lcon  erred 
a  Cuuiiiussi on  on  l;Goth,aiidlhateverybody  en:,aged  in 
the  enterprise  wou.il  be  co.umissioned,  ami  it  it  suc- 
ceeaed.or  laded,  and  lliiy  eseaiJ.'d  into  Canada,  they 
Cou.d  not  be  rechiimed  under  the  e.xtrailinon  treaty. 
Tliel.i,  t  ti  at  Ti.ompsoii  and  other  Kebel  agents  lied 
blank  commi  s.ous,  us  1  have  said,  has  been  proved, 
and  a  copy  ofoiie.of  them  i.s  on  record  here. 

■lliiswiiuess  al',o  tesiiiies  to  a  conveisation  with 
William  C.  (.1  'aiy,  shorily  after  the  surreiuhn'  id'Lee's 
army,  and  on  Iho  du.v  before  the  Presideni  s  assassina- 
ti  .11,  ai  ihe  St.  I.awienee  llolel,  ftioiitr.  al,  wlieii 
speaking  o.  ilie  re  oic.n.;  in  theSiaies  over  tliei  apiure 
of  KiehmonJ.  C.ea.y  Said,  "they  would  put  the  laugh 
ontiieoih.T  side  of  iheir  muuih  la  ailay  or  Itvj.'' 
Tnese  parlies  knew  that  Conover  was  in  the  secret  of 
the  as.-asbin.iliuii,  and  talked  with  him  about  it  as 
freely  as  Ine.v  would  speak  of  the  weatner.  Be. ore  the 
a.-isassiiialuin  he  had  aeunversaUoiial.-so  with  Sanders, 
who  asked  him  i.  lie  knew  Booth  well,  and  expres.ied 
some  aijprehen.sion  that  Booth  would  "make  a  failure 
out;  that  he  \Nas,desperate  and  reckless,  and  he  was 
afraid  ihe  whole  thing  would  prove  a  failure." 

Br.  James  i).  Jierritl  testifies  that  George  Young, 
one  of  the  parlies  named  in  Ihe  record,  declared  in 
his  presence,  in  CanaUa,  last  fall,  ihat  Lincoln  .snould 
never  be  inaugurated;  that  they  had  friends  in  W'ash- 
iugioQ,  who,  1  suppose,  were  some  of  the  same  friends 


referred  to  in  the  despatch  of  October  14,  and  which 
Bavis  had  directed  them  "to  set  lo  work."  George 
N.  Sanders  alsosaid  to  him  "ihai  Lincoln  would  keep 
himself  mighty  close  it  lie  did  serve  anoilier  term;" 
\vhile  Steele  and  other  l,'oniederaies  declared  mat  ihe 
tyrant  never  should  serve  another  term.  He  heard 
the  assassination  discussed  at  a  meeting  of  these 
Rebtl  agents  in  Montreal  in  February  last.  ".Sanders 
said  they  had  plenli/ <>/  mimnj  lo  accomplish  the  as- 
sassiuaiion,  and  named  a  number  of  (lersons  who 
were  readv  and  willing  to  engage  in  undertaking 
to  remove  the  Presi<ient,  Vice  I'resiuenl,  the 
Cabinet,  and  some  of  the  leading  Generals. 
At  this  meeting  he  read  a  letter  which  he  had  re- 
ceived from  Davis,  which  jusiilied  him  in  making  any 
arrangements  that  he  could  lo  accomplish  the  object.'' 
Th.s  letter  the  witness  heard  read,  and  it,  in  substance 
declared  that  if  the  people  in  Canada  and  the  South- 
erners in  the  States  were  willing  to  snbmil  to  be  go- 
verned by  such  atyrant  as  Lincoln,  he  did  nut  wish  to 
recognize  them  as  friends.  The  letterwas  read  openly; 
it  was  also  handed  to  Colonel  Steele,  (jeorge  Young, 
Hill  and  .scolt  lo  read.  This  w:,s  about  the  middle  or 
February  last.  At  this  meeting  Sanders  named  over 
the  persons  who  were  willing  to  accomplish  the  assas- 
sinaiion,  and  among  the  persons  thus  named  waa 
Booth,  whom  the  witness  had  seen  in  Canada  in  Octo- 
ber; also  George  Harper,  one  of  the  conspirators 
named  on  the  record,  Caldwell,  Kaudall,  Harrison 
and  Surratt. 

The  witness  understood,  from  the  reading  of  the 
letter,  that  if  the  President.  Vice-President,  and 
Cabinet  could  be  disposed  of,  it  would  sati.^ty  the  peo- 
ple of  the  North  that  the  Southerners  hwd  friends  ia 
theNoith;  that  a  peace  could  be  obtained  on  better 
terms;  that  tlie  Ilebels  had  endeavored  to  bring  about 
a  war  between  the  United  States  and  lOngland,  and 
that  Mr.  Seward,  through  his  energy  and  sagacity,  had 
thwarted  all  their  efforts;  that  w.is  given  as  a  reasoa 
for  removing  him.  On  the  5th  or  6th  of  April  last, 
this  witness  met  George  Harper.  Cakiwell,  Jtandall, 
and  others,  who  are  spoken  of  in  this  meeting  at  Mon- 
treal as  engaged  to  assassinate  the  President  and  Cabi- 
net, when  Harper  said  they  were  going  to  the  States 
lo  mukea  riiwsuch  as  had  never  been  lieard  of, and 
and  added  that  "if!  (.the  witness)  did  not  hear  of  tho 
death  of  Old  Abe,  ot  the  Vice-President,  and  of  Gen- 
eral Bix,  in  less  than  ten  d.iys,  I  might  put  him  down 
as  a  fool.  That  was  on  the  Blh  of  April,  He  men- 
tioned thatBooth  was  in  Washin.gton  at  that  time.  He 
said  they  had  plenty  of  fr. ends  in  Washington,  and 
that  some  fifteen  or  twenty  were  going." 

This  witness  ascertained  on  thewth  oi'April  that  Har- 
per and  others  had  left  lor  the  States.  Theiiroofis 
mat  these  pariiescould  come  through  to  Wr.shingtoa 
from  Montreal  or  Toronto  in  thirty-six  hours.  They 
did  come,  and  within  the  ten  days  namgd  by  Harper 
the  President  was  murdered.  Some  attempts  have 
been  made  to  discredit  this  witness  (i)r.  Moti ),  not  by 
the  examination  of  witnesses  in  court,  not  by  any 
apparent  want  of  truth  In  the  testimony,  but 
by  the  ec  parte  statements  of  these  llebel  Agents 
in  Canada  and  their  hired  advocates  in  the 
United  Slates.  There  is  a  statement  upon  record, 
verilied  by  an  oflicial  communication  from  the  War 
Bepartment,  which  shows  the  truthfulness  of  this 
witness,  and  that  is,  that  beiore  the  asiassiuation, 
learning  tha:  Harper  and  his  associates  had  started 
for  the  States,  in.ormed  as  he  was  of  their  purpose 
to  assassinate  the  I'resident,  C.ibinej  and  lead- 
ing Generals,  Merritt  deemed  it  his  duty  to  call,  and 
did  call,  on  the  luth  of  April,  upon  a  justice  of  the 
peace  in  (  anada,  named  Bavidson,  and  g.ive  him  thQ 
information  that  he  miglit  take  sieps  to  stop  these  pro- 
ceedings. Tlie  correspondence  on  thij  subject  with 
Bavidson  has  been  brought  into  court.  Br.  Merritt 
testihes,  lurtner,  that  after  this  meeting  in  Montreal 
he  had  a  conversation  with  Clement  C.  Clay,  In  To- 
ronto, about  the  letter  from  Jeiierson  Bavs,  which 
Sauuder.s  had  exbibiled,  in  which  conversation  (Jlay 
gave  the  witness  to  undeisland  that  he  knew  the  na- 
ture oi  the  letter  perieclly,  and  remarked  that  he 
thought  "the  end  would  justify  the  means."  The  wit- 
ness also  testihes  to  the  in  eseuce  of  Booth  with  San- 
ders in  Montreal  last  lall,  and  of  Surratt  in  Toronto  in 
February  last. 

The  Court  must  be  satisfied,  b.v  the  manner  of  this 
and  other  witnesses  to  the  transa't.ons  in  Canada,  as 
well  as  by  the  lact  that  they  aie  wholly  uncontra- 
dicted in  any  material  matter  that  they  slate,  that  they 
speak  the  truth,  and  that  the  sever.il  jKuties  named 
on  jour  record— Bavis,  Thompson,  Cleary,  Tucker, 
Clay.  Young.  Harper, BooUi  and  John  H.  .Surratt— did 
combine  and  consp. re  together  in  Canaila  to  kill  and 
murder  Abraham  Lincodi,  Andrew  Jolinsoii,  Vv^flham 
11.  Sevvaid  and  Ulysses  s..- Grant.  That  mis  agree- 
ment was  substantially  entered  into  by  Booth  and  the 
agents  or  Bavis  in  Canada  as  early  as  October,  there 
cannot  be  any  doubt,  'the  language  ot  Thompson  at 
tnat  time-and  beiore  was  that  he  was  in  favor  of  the 
assassination.  Hislurther  ianguage  was,  thatlie  knew 
the  men  who  were  ready  to  do  it,  and  Booih,  it  is 
shown,  was  there  at  that  time,  and.  as  Thompson's 
Secretary  says,  was  one  of  the  men  relerred  to  by 
Thompson. 

The  fact  that  others,  besides  the  parties  named  on 


\90 


TRIAL   OP   THE    ASSASSINS   AT    WASIIIXGTON. 


the  record,  were,  by  the  terms  of  the  conspiracy,  t" 
be  assassinated,  in  nowise  afiects  the  case  now  on  trial. 
If  it  is  true  tliat  liiese  parties  did  ousplre  to  murder 
other  parties  as  well  as  those  named  upon  the  record, 
the  substance  of  the  cliar^je  is  proved. 

It  is  also  true  tl'.at  if,  in  pursuance  of  that  conspi- 
racy, Booth,  coniederated  with  fsurratt  and  tlie  ac- 
cused. kiUe  I  and  murdered  Abraham  Lincoln,  the 
charge  and  spcci.ication  is  proved  literally  as  stated 
on  your  record.  aUliou'.;li  thi'ir  conspiracy  embraced 
Other  persons.  In  law  the  case  stands,  thon.'.'h  it  may 
appear  tuat  the  ct)ns|iira-,'y  was  t)  kill  and  murder 
the  I  arties  namjd  in  the  record,  and  others  not 
named  in  itie  record.  Ifthe  proof  is  that  the  accused, 
with  Booth,  jsurratt,  Davis. &c.,  conspired  to  kill  and 
murder  one  or  more  ot'tne  persons  named,  the  charge 
of  conspiracy  is  jiroved. 

The  dec  araiion  of  Sanders,  as  proved,  that  there 
was  plenty  of  money  to  carry  out  this  assassination,  is 
very  strongly  corrpborated  by  the  tesr.mony  of  Mr. 
Campbell,  cashi-rol  the  Ontario  B  iik,  who  states  that 
Thompson,  durin'.?  thv  current  year  proceednig  the  as- 
sa.ssination.  had  upoii  deposit  in  the  Montreal  branch 
of  the  Ontario  Bank,  six  hundred  and  forty-nine 
thousand  dollars,  besides  large  sums  to  his  credit  in 
other  banksiii  tho  Province. 

There  is  a  I'urther  corroboration  of  the  testimony  of 
Conover  as  to  the  meeting  ofTnompsnn  and  Hurratt 
in  Mc.itieal.  and  the  delivery  of  the  despatches  Irom 
Richmond,  on  the6;h  or  7th  of  April,  urst,  in  the  iact 
whicli  is  shown,  by  the  testimony  of  Chester,  that  in 
the  winter  or  si;rin3  Booth  said  he  himself  or  some 
other  party  must  go  to  Richmond  ;  and  second,  by  the 
letter  of  Arnold,  dated  27111  of  March  last,  that  he  iire- 
ferred  Booth's  Hrst  query,  that  he  would  lirstgo  to 
Richmond  and  see  how  they  would  takeit.  mani- 
testly  alluding  to  the  proposed  assassination  of  the 
President. 

It  does  not  follow  because  Davis  had  written  a  letter 
In  Februury  which,  in  subsiauce.  approved  the  general 
object  that  the  pariies  were  fully  satisfied  with  it,  be- 
cause it  is  clear  there  was  to  be  some  arrangement 
made  about  the  lunds.  and  it  is  also  clear  thiit  Davis 
had  not  before  as  distinctly  approv  d  and  sanctioni^d 
this  act  as  his  a-jents  either  in  Canada  or  here  desired. 
Booth  said  to  Chester,  "  We  must  have  money;  there 
ismoueyin  t'lis  business  and  if  you  will  enter  into  it 
I  will  p'lace  three  thousand  dollars  at  the  disposal  of 
your  family,  but  1  have  no  money  myself,  and  must  go 
to  Richmond,"  or  one  of  the  parties  must  go,  "to  gi  t 
money  to  carry  out  tlie  enterprise."  Tiiis  was  one  ot 
the  arraD::emen;s  that  was  to  be  "  naude  right  in  Ca- 
nada." The  funds  at  Thompson's  disposal,  as  the 
banker  testiiies,  were  exclusively  raised  by  drafts  of 
the  Secretary  of  the  Treasury  of  the  Conlederate 
States  upon  London,  deposited  in  their  bank  to  the 
credit  ol  Thompson. 

Accoriiiugy,  a  lOut  the  27th  of  March,  Surratt  d  d  go 
to  Richmond.  On  lho:;d  of  April  he  returned  to  Wash- 
ington, and  thesam-dayjelt  lor  Canada.  Be  ore  leav- 
ing, he  stated  t.)  \Veichr:ian.  that  when  in  Richmond 
lie  had  .a  conversation  with  Davis  and  with  Benjamin 
The  lact  in  this  cnnceiiou  is  not  to  bf»  overlooked 
that  on  oraiiout  the  d.'.y  Surratt  arrived  in  Mou'rcal 
April  U.Jacob  Thompson,  as  thp  cashier  ol  the  Ontario 
Bank  slutes,  drew  oi'  these  Confederate  funds  the  sum 
of  one  hundred  and  e:.inty  thousand  dollars  in  the  lorm 
of  certiiicaies,  whtcu,  as  the  bank  oihcer  lestiiies. 
"  mi  ;hl  be  used  anywhere." 

Wnal  iLiore  s  wanting'?  Surely  no  word  further  need 
be  spoken  to  show  that  John  Wilkes  Booth  was  in  this 
conspiracy:  that  John  II.  Surratt  was  in  this  conspi- 
racy:  and  that  Jefferson  Davis  and  his  several  aKens 
named  ill  Canada,  wer.;  ii  this  conspirac.v.  ]  I  cnv  ad- 
ditional evi  fence  is  wanting  to  show  the  compl.c  ty  o. 
Davis  in  it.  let  tho  i)aper  lound  in  the  possession  or  h  ; 
hired  assassin  Booth  come  to  bear  witness  a~ain^ 
him.  Tl.tit  paper  cotitained  the  secret  cipher  which 
Davis  us  din  his  Sta.pDepartment  in  Richmond,  which 
ho  employed  in  communicating  with  h;s  agents  in 
Canada,  and  which  they  employed  in  the  letter  of  Oc- 
tober i:i,  notifying  him  that  "their  iriends  would  beset 
to  work  as  If,  had  Uirrrtcd." 

The  le'.ter  in  cipher  found  in  Booth's  possession  is 
translated  lifreby  the  use  of  the  cipher  machine  now 
In  Court,  which,  as  the  Kstimony  ol  Mr.  Dana  shows, 
he  brought  frcm  the  rooms  of  Davis'  Stale  Depa't- 
ment  ni  Richmond.  Who  gave  Booth  this  se  let 
cipher'.'  Ofwluu  use  w:is  it  to  him  if  he  was  not  In 
conf.'deration  with  DavLs? 

.But  therH  is  one  other  item  of  testimony  that  ought, 
among  honest  and  inteiligent  jteople  at  all  conver- 
sant with  tliis  ev'''ence,  to  end  alt  further  inquiry  as 
to  whether  Jelft..son  Davis  was  oiieof  the  parties 
with  Booth,  as  charged  upon  this  record,  in  the 
conspiracy  to  assassinate  the  President  and  others. 
That  is.  tliaton  the  fifth  day  after  the  assassination. 
In  the  city  of  Charlotte.  Koi  tti  Carolina,  a  telegraphic 
despatch  was  received  by  him,  at  the  house  o.'Mr. 
Bates,  from  John  C.  Breckinridge,  his  Rebel  Secretary 
of  War,  which  despatch  is  produced  heie.  identified  by 
the  teleTaph  avent,  and  placed  upon  your  record  in 
the  wordj  following:— 

'•GRi.;E>rsr;oRo',  April  10, 1R6.').— His  Excellency  Pre- 
sident Davis:— President  Lincoln  was  assassinated  in 
Uie  theatre  at   Washington  on  the  aight  of  the  lith  , 


Inst.  Seward's  house  was  entered  on  the  same  night, 
and  he  was  repeatedlv  stabbed,  and  is  jirobab  y  mor 
tally  vvounded.  JOHN  C.  BliiX'KIMtiDUE. ' 

At  the  time  this  despatch  was  handed  to  him,  Davis 
was  addressing  a  meeting  from  the  steps  of  Mr.  Bates' 
house,  and  after  reading  the  despatch  to  tho  i.eople  he 
said:— "If  it  were  to  be  done,  it  were  Ortlrr  it  were  well 
done."  Shortly  alterward,  in  the  house  ofthe  witness, 
in  the  same  city,  Breckinridge,  having  come  to  see 
Davis,  stated  his  regret  that  tiie  occurrence  bad  hap- 
pened, because  he  deemed  it  unfo  tunate  lor  the  peo- 
ple of  the  South  at  thattime.  D-vis  rep  led,  reTerring 
to  the  a.ssassination,  '■Well,  General.  I  don't  know;  if 
it  were  to  be  done  at  all.  it  were  betfrr  that  it  were  well 
done:  and  if  the  same  had  been  done  to  Andy  John- 
son, tlie  beast,  and  Secretary  Stanton,  the  job  would 
then  hccvmplrtr.^' 

Accomplished  as  this  man  was  in  all  the  arts  of  a 
conspirator,  he  was  not  equal  to  the  task— as.  happily, 
in  the  good  providence  of  God.  no  rjortal  man  is— of 
concealing,  by  any  lorm  of  words,  any  great  crime 
which  he  may  have  meditated  or  prrjietrated  either 
against  his  Government  or  his  iellow-man.  It  was 
doubtless  furthest  from  JefTerson  Davis'  purpose  to 
make  confession!  and  yet  he  did  make  confession.  His 
gui't  demanded  utterance;  that  demand  he  could  not 
resist;  therefore  his  words  proclaimed  his  guilt,  ia 
spite  ol  his  purpose  to  conceal  it.  He  said,  'Mf  it  were 
to  be  done,  it  were  bct'.rr  it  were  tifU  done."  Would 
any  man  ignorant  Qt'  the  conspiracy  be  able  to  devise 
and  fash. on  such  a  form  of  speech  as  that  ?  Had  not 
the  President  been  murdered?  Had  he  not  reason  to 
believe  that  the  Secretary  of  State  had  been  mortally 
wounded?  Yet  he  was  not  satisfied  but  was  com- 
pelled to  say.  'it  were  better  it  were  n-rll  donr;"  that  is 
to  say,  all  that  had  been  agreed  to  be  done  had  not  been 
done. 

Two  days  afterwards,  in  his  conversation  with 
Breckinridge,  he  not  only  repeats  the  same  form  of 
expression,  "If  it  were  to  be  done  it  were  better  it  were 
wrfl  done,"  but  adds  these  word:— "And  if  the  same 
had  been  done  to  Andy  Johnson,  the  beast,  and  to 
Seci  etarj'  Stanton,  tho  j&f>  would  tlicn  he  coinpletp."  He 
would  accept  the  assas-ination  cf  the  President,  the 
Vice  President,  of  the  Secretary  of  Sta(e,  and  the  Sec- 
retaiy  of  War  as  a  complete  execution  of  the  "job," 
which  he  had  given  out  upon  contract,  and  which  he 
had  "made  all  right,''  so  far  as  the  pay  was  concerned, 
by  the  despatches  he  had  sent  to  Thompson  by  Sur- 
ratt one  of  his  hired  assassins. 

Whatever  may  be  the  convictions  of  others,  mv  own 
conviction  is  that  Jefierson  Davis  is  as  eleariy  proven 
guilty  of  this  co'i-^piraey  as  is  John  Wilkes  Broth,  by 
whose  hand  Jeh>.-isoni:avis  inflicted  the  mortal  wound 
upoii  Abraham  Lincoln.  His  words  of  intense  hute, 
and  rage,  and  disai)pointment  are  not  to  be  over- 
lool  ed— that  the  assassins  had  not  done  their  work 
uell:  that  they  had  uotsncceedcd  m  rolibin-i  tuepeople 
altogether  of  their  constitutional  Ii.\ecu.ive  and  his 
auvisers;  and  hence  he  exclaims,  "if  they  had  killed 
Andy  Johnson,  the  beast !'  JSTeitliercan  he  conceal  his 
oagriiiand  disappointment  that  the  war  minister  of 
tlie  leimblic.  whose  energy,  incorruptible  integrity, 
s'eep  e-^s  vigilance,  and  executivcability  had  organized 
dav  by  day.  month  by  month. andyearbyyear,  victory 
■.or  our  arms,  liad  escaped  thekni.oo'  tiie  hired  assas- 
s.ns.  The  job,  says  this  procurer  of  a.ssassination, 
was  not  well  done;  it  had  been  better  if  it  had 
been  well  done!  Because  Abraham  Lincoln 
had  been  clear  in  his  great  ofiiice.  and  had 
sav(  d  the  nation's  life  by  enforcing  the  nation's  laws 
this  traitor  declares  he  mu  t  liemurdeied;  becauseMr. 
Seward,  as  the  foreign  Secretary  of  thev'country,  had 
thwarted  the  purposes  of  treason  to  plunge  his  country 
into  a  war  with  England,  he  mu=;t  be  murdered; 
because,  upon  the  murder  of  Mr.  Lincoln,  Andrew 
Johnson  would  succeed  to  thePre-ideney.  and  because 
lie  had  been  true  to  the  Constitution  and  Government, 
faithful  lound  among  the  faitlile.'^s  oi'  his  ov.-n  State, 
c'inging  to  the  lalling  pillars  cf  the  Republic  when 
oiiiers  had  fled,  he  must  be  murdered;  and  because  the 
Secretary  of  War  had  taken  ere,  bj  the  faithiul  di.s- 
oliarge  (>;  his  duties,  that  the  Republic  should  live  and 
not  die,  he  must  be  murdejed,  lna"inuch  as  these  two 
laithfui  officers  were  not  also  assassinated,  assuming 
that  the  Secretary  of  State  was  mortally  wounded, 
D.ivis  could  not  conceal  his  disapiiointmeiit  and  cha- 
grin that  the  work  was  not  "well  done;'-  that  "the  job 
was  not  complete." 

Thus  it  appears  by  the  testimony,  that  the  propo- 
sition madt  to  Davis  Was  to  kill  and  murder  the  dead- 
liest enemies  of  the  Confederacy— not  to  kidnap  them, 
:s  is  now  pret.ended  here;  that  by  the  declaration  of 
Sanders,  Tucker,  Thompson.  Clav,  Cieary,  Harper  and 
'i'oung,  the  con-^pirators  in  Canada,  the  agreement  and 
combination  among  them  was  to  kill  and  murder 
.•\braham Lincoln,  Wm.  H.  Seward.  Andrew  Johnson, 
U  ysses  8.  Grant,  Kdwin  JI.  Stanton,  and  others  of  his 
advisers,  and  not  to  kilnap  them:  it  apnea rs  from 
everv  utterance  of  John  Wilkes  Booth,  as  well  as  Mora. 
the  Charles  Selby  letter,  o:  wiiich.mention  wilpre- 
sentlv  be  made.  that,  as  ear'y  as  November,  the  pro- 
position with  him  was  to  kill  and  murder,  not  to  kid- 
nap. 

Since  the  first  examination  of  Conover,  who  testi- 
■  tied,  as  the  court  will  reoiemher,  to  many  important 


TEIAL   OF   THE   ASSASSINS    AT  WASniXGTOX. 


191 


facts  araiiist  these  conspirators  anfl  agonts  of  Davis  in 
t'aiiatla,  I'.moi  ij  <.llici-:3  the  terrible  and  liendisb  plot 
disclosed  li\- Thompson,  Palltn  iir.d  oiliers,  thr.t  Hey 
had  i'SO(rl;;ined  l!:e  volume  oi  water  in  the  resprvoir 
supplyinK  New  York  Cily,  ostimatod  Ihe  quniit'ty  of 
jjoisnn  required  to  render  it  deadly,  and  iiitend(>d  thus 
to  poison  a/vvhole  city— '"(mover  "retuined  to  Canada, 
by  direcliou  of  tliis  com  t,  (or  tl.e  purpose  of  obta.ining 
certain  documentary  evidenci'.  There,  about  the  iith 
of  June,  he  met  lieverly  Tucker,  8ander.s  and  other 
conse.iralors,  and  conversed  \vi;li  them.  Tucker  de- 
clared that  ^'erreinry  i-tanloii,  whom  he  denounced  as 
'■  a  scoundrel,"  and  J udne  IIoU.  whom  1  e  ca'led  "a 
bloodthirsty  villain,"  ''couid  pro'ect  themselves  as 
long  as  they  remained  in  oiriee  hyapuaiil.  hut  that 
\V(;iild  not  always  be  the  case,  and,  by  tlie  Kternal,  he 
bad  u  large  acctunl  !o  settle  with  tlicm." 

After  this,  the  evidence  of  C'onoyer  here  bavins; 
been  publi-lud.  these  parties  called  \ipiin  him  and 
asked  him  wliether  he  had  been  to  \Vaslli^^'lon.  and 
bad  testilied  before  this  Couit.  Conover  denied  ii; 
thi  y  insisted,  and  toek  him  lou  room,  wlie.e,  wilh 
di'awn  jiistols,  they  Ciimpelled  him  to  consent  to  n^ake 
an  afiidavit  tliat  he  had  been  falsely  personated  here 
by  another,  and  tnat  he  wou'dmake  t.iat  allidavit  be- 
fore a  Mr.  Kerr,  who  would  witness  it.  They  then 
called  iu  JSIr.  Kerr  to  certi  yto  the  jiublic  that  Cono- 
verhv.dmaiJe  such  a  denial.  They  also  com|ielled 
this  witness  to  furnish  ibr  publication  an  advertise- 
ment oil'  rmg  a  reward  of  five  hundred  dollars  (or  the 
arreL^t  of  the  ''iulamous  and  perjured  .scoundrel  "  who 
had  recently  i  ersonated  James  W.  W'al'ace  under  the 
name  of  !-andford  t'onovcr.and  testiiJed  t  >  a  tissue  of 
falsehoods  beiore  the  MUitary  C'nmmission  at  Wasli- 
ingtou,  wbicb  advertisement  was  published  ia  the 
papers. 

'lo  these  facts  Mr.  Conover  now  testifies,  and  also 
discloses  the  lact  that  those  same  men  pub'ished,  in 
the,report  ofthe  proceed!n:-;s  beiore  Judj;e  Smith  an 
allidavit,  purporting  to  be  his,  but  wbicb  lie  never 
made.  Tne  allidavit  which  he  in  (act  made,  and 
which  was  published  in  a  newspaper  at  thai  lime,  pro- 
duced here,  is  set  out  suijslantially  upon  your  record, 
and  agrees  with  the  testimony  upon  the  same  point 
given  by  him  in  this  Court. 

'lo  suijpoiic  mat  Conover  ever  made  such  an  affida- 
vit vuluntarily  as  tiie  one  wruusi  irom  him  as  stated  is 
imfojsible.  Wou;d  he  advertise  fur  his  own  arrest, 
and  cnari^ehimseli  with  falsely  impersonating  bim- 
scli?  Uut  the  lact  cannot  evade  obier^'^tion  that, 
when  these  guilty  conspirators  saw  Conover's  testi- 
mony beiore  lliis  Cvurt  in  the  public  prints,  i  evealm?? 
to  the  world  the  atrocior.3  plots  ot  these  lelon  conspi- 
rators, conscious  of  the  truthiuln;  ss  ot  bis  slatpiuents, 
they  cast  about  at  once  IVt  some  de.ense  I.e. ore  the 
public,  and  devised  the  ibo.ish  and  s-ir  id  invention  of 
compelliu;.;  him  to  niakean  ahidav.t  that  he  was  not 
Saau, Old  Conover,  was  not  in  this  t'ourt,  never  gave 
th.s  te.stimoii.v,  but  was  a  praclicin;,' lawyer  at  Slon- 
trcal!  TIijS  iii.arnous  proceeding,  coupled  wilh  the 
evidence  be  bredetai.ed.stamiis  fnese  rullian  plotters 
with  tlie  fiuilt  of  this  conspiracy. 

John  Wilkes  Booth  having  entered  into  this  con- 
spiracy in  Lanada,  as  baa  been  shown,  as  early  as  Octo- 
ber, be  is  ne.Kt  luund  in  the  cit.v  of  >iew  York,  on  the 
llln  day,  as  1  claim.of  jS'ovember,  in  disjruise,  in  con- 
versation Willi  aiii;ther,  the  conversation  disclosing  to 
the  witness,  Birs.  lludspe;h,th^;  they  had  some  matter 
of  personal  interest  between  them;  that  upon  one  of 
them  the  lot  bad  ial.en  to  go  to  \Vasliini,toii;  upon  the 
other  to  go  lo  Kewbern.  This  witness  uiion  being 
shown  the  i.boiograph  of  iiooth  swears  "that  the  face  is 
the  same"  as  that  of  one  ot  li:ose  uien,  WiiO  she  sa.vs 
wasa  man  (;f  cducaiiOn  and  cul;ure,  asap])eared  bi'his 
conversation,  and  who  bad  a  scar  like  a  bite  near  the 
aw  bone.  It  is  a  (act  proved  here  by  the  Surgeon- 
General,  that  Uooth  had  a  scar  on  the  side  of  his  neck, 

Mrs.  liudspelU  heard  hmi  say  be  would  leave  lor 
"Washington  tne  day  a.ier  to-morrow.  His  comjianion 
appeared  angry  because  it  had  not  (alli  ii  on  him  to  go 
to  \Vashi::g;on.  ThislOjk  place  alter  the  Presidential 
election  in  Kovrmber.  Snecannot  lix  tlieprecsedate, 
but*a\ss.ie  w„3  told  General  Butler  left  IS  ew  York  on 
that  day.  The  testimony  discloses  that  General  But- 
lers army  was  on  t  lie  n;li  ot  November  leaving  Is'ew 
York.  Tne  register  of  the  National  liote.  shows  that 
Booth  le.t  \v  ashington  on  the  eirly  morning  train, 
]Sovember  II.  and  that  lie  returned  to  this  city  on  the 
nth.  Chester  testiiiea  positively  to  Booth's  preaeuce 
in  Xew  Yoi  k  eai  ly  in  Kovember. 

This  testim' ny  shows  most  conclusively  that  Booth 
was  in  ^.ew  A  v,rk  on  iiie  lllb  of  November.  Tbeearly 
morning  train  on  wiiicli  be  left  Washington  would 
reach  New  York  early  in  the  afternoon  of  that  day. 
Chester  saw  lum  there  early  in  November,  and  lUrs. 
Ilud5petb  not  only  ideutihes  Ins  picture,  but  describes 
his  person,  'i  he  scar  upon  his  neck  near  bis  jaw  was 
peculiar,  and  is  well  described  by  the  witness  as  like  a 
bile.  On  thai  <lay  Booth  bad  a  letter  in  bis  possession 
which  be  accidenily  dropjied  in  the  street  car  in  the 
presence  oi  Mis.  Iludsneth,  ibe  wiiness,  whodelivered 
It  toMajcr-Geueral  B.x  taesame  day,  and  by  whom, 
as  his  le,ler  on  liie  beiore  this  Court  shows,  tiie  same 
was  transmitted  to  the  War  Departoient  November 
17,  ist)4.    That,  letter  contains  these  words  :— 


!  "Dear  Lot'is:— The  time  has  at  last  come  that  we 
have  all  so  wished  (or,  and  upon  you  every  thing  de- 
pends. As  it  was  decided  before  you  lelt,  w(>  were  to 
ca'itlots.  We  accordingly  did  so, and  you  aretoba 
the  f  harlotte  Corday  oi  the  nineteenth  century.  When 
yon  lemenihrr  tne  awiul,  solemn  vow  that  was  taken 
by  us,  you  Will  (eel  there  is  no  drawback.  v-16cmust 
(lie.  and  now.  "\'ou  can  choose  .vour  weapons— ^/iccKp, 
thr  l.nijr.tiirlmtkt.  The  cup  (ailed  us  once,  and  might 
again.  Johnson,  v, ho  will  give  dis,  has  b-en  like 
an  eiiragetl  d  mon  since  the  meeting,  because  it  has 
not  fallen  on  him  to  rid  the  world  otirmonsli  r.  *  * 
Yt  U  know  where  lo/uui  noar  Jrirnda.  Your  di.irjuises 
aresoper.ect  and  complete,  lliat  without  one  kneiv 
your/'fr,  no  po  ice  telegraphic  despatch  would  catch 
you.  The  Engl.sli  gentleman.  Havrout  t.  must  not  act 
hastily.  r.eniem.bpr  he  has  ten  days.  (>t  like  for  your 
home,  stri/.e  for  your  counlry;  bUleyour  lime,  hat  sirilce 
.sure.  (Jet  introduced;  congratulate  biiii:  listen  to  liis 
stories;  (not  many  more  will  tbebrsle  tell  to  o.;rthly 
friends)  do  anything  but  lad,  and  meet  u  5  at  the  ap- 
j-.ointed  place  within  the  (ortnigli.t.  You  will  probably 
bear  iroin  me  in  Washington.  Sande  .s  isdo  iig  us  no 
good  in  Canala.  CH.\s.  ISelby." 

The  ieained  gentleman  (Mr.  Cox),  in  bis  very  able 

and    carifuHv    c  ns  dered   argument   in    d;!ense    of 

O  Laughl  n  and  Arnold,  aLtached  importance  to  this 

letier,  and  doLib'  ^ess  very  clearly  saw  iis  bearing  upon 

the  case,  and,  therefore,  undertook  to  sIkuv  that,  the 

witness,  Mrs.  lludspetb,  must  be  mistaken  as  10  the 

person  of  Booth.     Tne  gentleman  assumes   that  the 

letter  ot  General  Dix.  ot  the  K.h  of  November  last, 

transmitting  this  letter  lo  ihe  War  De|;artnieui,  reads 

that  the  pariy  who  dropped  tne  letter  was  beard  to  say 

;  that  1.0  would  start  lo  Washington  on  l-'riday  night 

next,  although  the  word  'next"  is  not  in  the  le.ter, 

I  neither  is  it  111  the   quotation   which  the  g.'iitleman 

I  makes,  lor  he  quotes  it  I'airly,  yet  be  concludes  that 

'  this  would  be  the  isth  ol  November 

Now  tlie  (act  IS,  the  lilhof  November  last  was  Fri- 
day, and  the  register  01  the  National  liotel  bears  wit- 
ness that  Mrs.  Hudspeth  is  not  mistaken,  because  her 
I  language  is,  that  Booth  said  he  would  leave  lor  Wasb- 
j  ington  llav  alter  lo-niorrow,  which  would  be  Sunday, 
the  i:jth,and  it  in  the  evening,  would  br.ng  him  to 
I  Washington  on  Monday,  the  ilth  of  Noven.ber,   the 
dayon  which  ihe  register  shows  he  didieiuinio  tho 
National  Hotel.    As  to   the  improbability  which  the 
gentleman  raises,  on  the  conversation  happening  in  a 
street  c.'.r,  crowded  with    people,  there  was  nothing 
I  that  transpired,  although   the  conversation    was  ear- 
'  nest,  which  enabled  tue  witness,  or  could  have  eua- 
i  bled  any  one.  in  the  absence  of  ibis  leuer.  or   ol   the 
subsequent  conduct  of  Booth,  to  lorm  the  least  idea  of 
thesubject-matier  of  their  conversation. 
j     The  gentleman  does  not  deal  aliogeiher  (airly  in  his 
;  rercari;siouch!ng  the  letter  of  General  Dix;  because, 
:  upon  a  carelul  examination  of  the  letltr,  it  will   be 
1  fund  that  be  did  not  lorm  any  such  judi^meiit  as  that; 
it  was  a  hoax  ior  the  f^unday  Jiricur;/,  bui  i.e  tool,  care 
to  jorward  it  to  toe  Department,  and  asked  a.ieui.ou 
to  it;  when,  as  appears  by  the  testimony  01  the  Assis- 
tant (-ecretary  ol  \.  ar,  Mr.  Dana,  the  letter  wa.i  deli- 
vered to  Mr.  L  ncoin,  who  considered  it  important 
enougli  to  indorse  it  sviUi  tlie  word  "Assassinat.on," 
andlileitin  his  ofiice,  where  it  was  lound  aier  the 
commission  of  this  crime,  and  brought  into  tuisCourt 
to  bear  witness  against  bis  assassins. 

Although  Ibis  le.ter  would  imply  that  the  assassina- 
tion SI  oken  of  was  to  take  i;:ac(!  speed. ly,  yet  tin  party 
was  lo  b:de  his  time,  'i  hough  he  had  entered  into  the 
preliminarv  arrangements  in  l. aciada.  although  con- 
spiralors  had  doubtless  agreed  lo  co-operate  wuh  him 
in  the  commission  oi  tlio  crime,  and  lot.;  had  been  cast 
lor  the  chief  part  in  the  bloody  d  ama,  j  et  11  remained 
lor  him  as  the  leader  and  principal  of  the  hired  assas- 
sins,liyw.  ose  hand  iheir  employers  were  los.iii^e  the 
murderous  blow,  to  collect  about  biiii  and  bring  to 
Washington  such  persons  as  would  be  willing  to  lend 
themselves,  lor  a  price,  to  the  horr.d  crane,  and  likely 
lo  give  the  necessary  aid  and  support  in  ilsconsum- 
mation.  The  letter  declares  that  Abraham  Daicoln 
must  die,  and  vioir,  meaning  as  soon  as  the  agents  can 
be  employed  and  the  work  done.  To  that  end  you  wiU 
bide  your  time. 

Bui  .fays  thegentleman,  it  could  not  have  been  the 
same  conspiracy  charged  here  to  which  ihi.i  letier  re- 
lers.  Why  not.'  11  is  charged  here  tnat  Booth,  witu 
the  accused  and  others,  conspired  to  kill  and  murder 
Abraham  Lincoln;  that  is  precisely  the  coiispir..cy  dis- 
closed m  the  letter.  Granted  that  the  iiart.es  on  trial 
had  n  .t  then  entered  into  the  '■ombiuation;  if  they  at 
anytime  aiterward  entered  into  it  they  became  pariiea 
to  It,  and  the  conspiracy  was  still  the  sanie.  B.ii.  says 
the  gentleman,  the  words  of  the  letter  iuuily  that  the 
conspiracv  was  to  be  executed  wimin  tno  lor. night. 
Booth  is  directed,  by  the  name  of  Louis,  to  meet  the 
writer  within  a  (ortnigbt.  It  by  no  means  lollows  that 
be  was  tostrilce  within  the  fortnight  becausehe  was  to 
meet  his  co-coiispiraior  within  that  lime,  and  any  such 
conclusion  ia  excluded  by  the  words,  •'liideyourtime." 
Even  if  the  conspiracy  was  to  be  executed  wnbin  the 
(ortnigbt,  and  vvas  not  so  executed,  and  the  sameparty. 
Booth,  afterwards  by  concert  and  agreement  wiib  the 
accused  and  others,  did  eiecute  it  by  "striking  sure 


192 


TRIAL   OF   THE    ASSASSINS   AT    WASniXGTOX. 


and  killitiR  the  President,  that  act,  whenever  done, 
would  be  but  the  exot-ution  (  f  this  same  contipiracy. 
The  letter  is  conclusive  evidence  of  so  much  of  tliis 
conspiracy  as  rela'ci  to  the  murder  of  I'residcnt  Lin- 
coln. AsEooth  was  to  do  anything  but  (ail,  he  imme- 
diately ihereattersouijht  out  thenycnis  to  ci.aljlo  liim 
to  strike  sure,  and  execute  ail  that'he  had  acroed  wlih 
l)avi8  and  his  co-con!ederates  in  Canada  lodo— toninr- 
Cvr  the  Pre^dcnt,  the  Secretary  oifSlate,  the  Vice-Pre- 
sident, tit  neral  Grant  and  Secretary  Stanton. 

Kvcn  IJooth's  co-conspirator,  P;:yue,  nowon  his  trial, 
by  his  do.ense  admits  all  this,  and  says  liooth  had  just 
been  to  Canada,  "was  lilUd  w.tha  mighty  sclie  me.  and 
was  lying  in  wait  lor  agents.''  Booth  aslicdtheco- 
Operailon  of  llie  prisoner  Payne,  and  said:— "I  will 
give  you  as  much  money  as  you  want:  but  first  you 
must  swear  tosticlv  by  me.  It  is  in  the  oil  business." 
This  you  are  tfild  by  the  accused  was  early  in  March 
last.    Thus  guilt  bears  witness  against  itself. 

We  find  Booth  in  New  York  iniNovember,  Decem- 
ber and  January,  urging  Chesterto  <'uter  into  this  com- 
bination, assuring  him  that  there  was  monry  in  it;  that 
they  had  '  riends  on  the  other  side"  that  iV  he  would 
only  participate  in  it,  he  would  never  want  for  money 
while  he  l.ved,  and  all  that  was  asked  of  him  was  to 
Btand  at  and  open  tUa  back  door  of  Ford's  Turatrc. 
Booth,  in  his  interview  with  Chester,  confesses  Wio<  )ie 
isivUlioi-t  monry  /i///!sr//,  and  allows  Chester  to  reim- 
■  burse  him  ihe  tifty  dollars  which  he(Booth)  had  trans- 
mitted to  him  in  a  etter  lor  the  purpose  of  paying  his 
expenses  to  Washington  as  one  of  the  parties  to  this 
conspiracy.  Booth  told  him,  although  he  himself  was 
penniless,  "'/If (■(!!.■;  »)!o/if.v  i'ri  fhis.we  have  (riends  on 
the  other  side."  and  if  you  will  but  enuage,  I  v.ill  have 
three  tliousand  dollars  deposited  at  ouce  tor  the  use  of 
your  family. 

Failing  lo  secure  the  services  of  Chester,  because  his 
Boul  recoiled  with  abliorreuce  i'rom  vhe  loul  work  of 
assassinai.on  and  muro&r,  he  lound  more  willing  in- 
sirumen;s  in  others  whom  he  gathered  about  him. 
Weu  to  commit  the  assassinations,  horses  to  secure 
speedy  and  certain  escape  were  to  be  provided,  and  to 
this  end  Booth,  with  an  enersy  worthy  of  ;<  better 
cause,  api-lies  himself.  For  tliis  latter  j.urpose  he  told 
Chester  l-.e  had  already  expended  CoUOH.  luthelatier 
part  of  iNovember,  ISG-l,  he  visits  Charles  county, 
JNxaryland,  and  is  in  cnmpuny  with  one  of  the  i.rison- 
ers,  Br.  tSamuel  A.  Mudd,  with  wlioin  he  lodged  over 
night,  and  through  whoni  lie  procures  of  tiardner 
one  of  the  several  horses  which  were  at  his  disposal, 
and  used  by  him  aud  his  co-conspirators  in  Wivshiug- 
ton  on  the  night  of  the  assassination. 

Some  lime  in  January  last,  it  is  in  testimony,  that 
the  i.risoiier  iAiudd  Introduced  Booth  10  John  H.  Sur- 
ratt  and  the  witness  Wcclimaii ;  tluit  Btoth  invited 
them  to  tiie  iNa'.ioual  Hotel :  t!;at  when  there,  in  the 
room  which  B  joth  tooiv  them,  MiidJ  went  out  into  the 
passage,  called  Booth  out  and  had  a  iJ.-ivaieconver.-a- 
tion  with  h;m.  leaving  the  witni  ss  and  .Surratt  in  the 
room.  Upon  tueir  reiuni  to  the  room  B,;otli  went  out 
with  Suiratt.and  upon  theircomingin  all  three, Boolb, 
Surratt,  and  fcamuel  A.  Jiudd,  went  out  together  and 
bad  acLiuversation  in  the  passa.'^e,  leaving  the  wit- 
ness alone.  Up  to  the  time  of  this  interview  it  seems 
that  neither  the  witness  nor  Surratt  had  any  know- 
ledge of  Booth,  as  they  were  then  introduced  to  him 
by  Br.  Wudd.  Whether  f-^urrait  had  m  fact  previous!  v 
known  Booth  it  is  not  important  lo  inciuire.  Mudd 
deemed  it  neeeisary,  perliaps,  a  wise  precaution,  to 
introduce  Suiratt  to  Boolli;  lie  also  deenu  d  it  neces- 
sary to  have  a  private  conversation  with  Booth  shortly 
afterwards,  and  directly  upon  that  to  have  a  conversa- 
tion icjgether  wilh  Booth  aiid.Su  rail  alone. 

Had  this  couvtr.jaliun,  no  part  of  waicli  was  heard 
by  the  witness,  been  perfectly  innocent,  it  is  not  to  be 
presumed  tiiat  Br.  iMudd,  who  was  an  enure  stranger 
to  Weichmau.  would  have  deemed  it  necessary  to  hold 
the  c.;nveiSLit;oii  sierelly,  nor  lo  have;  volunteered  to 
tell  the  wi.n-,ss,  or  rather  pretend  to  tell  him,  what  the 
convers:itiou  v,as;  yet  he  did  say  to  the  witness,  upon 
thdr  remrii  to  the  room,  b.y  way  oiapology.  J  suppose, 
for  the  privacy  oi  Cie  cnnversaiion,  that  Booth  had 
some|ii'i\ati'  business  wilh  him, and  wished  to  purchase 
his  farm.  This  silly  device,  as  is  often  the  ease  in 
attempts  at  di'ception,  laile.l  in  the  execution;  lor  it 
remains  to  be  shown  how  the  fact  that  Mudd  had 
private  business  with  Booth,  and  that  Booth  wi.hed  to 
purchase  his  larm,  made  it  at  all  necessary  or  even 
propi^r  that  they  should  both  volunteer  to  call  out  Sur- 
ratt,  who  up  to  that  moment  was  a  siran;;er  to  Booth. 
What  had  Hurratt  to  do  wilh  Booth's  purchase  of 
Jliidds  ;arm'/  And.  if  it  was  necessary  to  withdraw 
and  t. Ilk  by  themselves  secretly  about  the  sale  of  llie 
iarm,  why  should  thcydiselcseihe  (act  tothe  very  man 
from  whom  they  had  concealed  it  ? 

Ujion  the  return  01  these  three  parties  to  the  room, 
they  sraled  llieni  elves  at  a  table,  and  upon  tiie  back 
of  an  enve.oue  Bnoih  traced  lines  with  a  pencil,  indi- 
cating, as  liie  witness  stales,  the  direction  of  roads. 
Why  was  this  done ?  As  Boolh  had  been  lueviouslv  in 
that  Section  of  country,  as  ihe  prisoner  in  his  deieiise 
has  taken  great  pains  to  show,  it  was  certainlv  not 
necessary  to  anything  connected  wilh  ihe  purchase  of 
Mudd's  lariii  that  al  that  lime  he  should  be  indicaling 
the  direction  of  roads  to  or  ironiit;  nor  is  it  made  to 
appear  by  aiiyihing  in  this   tesllmouy,  how  it  comes  I 


that  Surratt,  as  the  witness  testifies,  seemed  to  he  as 
much  interested  in  the  marking  out  of  these  roads  as 
iMudd  or  Booth.  It  does  not.  appear  that  Surratt  was 
in  any  wise  connected  wilh  or  interested  in  thesaleof 
Wuda's  farm.  Fi'om  all  that  has  transpired  since  this 
meeting  at  the  hotel,  it  would  seem  that  this  plotting 
the  roads  was  intended,  not  so  much  to  show  the  road 
to  Mudd's  I'arm,  as  to  point  out  the  shortest  and  safest 
route  for  llight  irom  the  Capital,  by  the  houses  of  all 
Ihe  parties  in  this  conspiracy,  to  their  "  friends  on  the 
other  side." 

But,  says  the  learned  gentleman  (Mr.  iEwinn).  in  his 
very  able  argument  in  defense  of  this  prisoner,  why 
should  Booth  determine  that  his  fliglit  should  be 
through  Charles  county.'  The  answer  must  be  obvious, 
upon  a  moment's  reflection,  to  every  man,  and  could 
not  possibly  have  escaped  the  notice  of  the  counsel 
himself,  but  for  the  reason  that  his  zeal  for  his  client 
constrained  him  to  overlook  it.  It  was  absolutely  es- 
sential that  this  murderershould  havohis  eo  conspira- 
tors at  convenient  points  along  his  route,  and  it  does 
not  appear  in  evidence  that  by  theroute  to  his  friends, 
who  had  then  fled  from  Bichmond,  which  the  gentle- 
man (MV.  Ewing)  indicates  as  the  more  direct,  but  of 
which  there  is  not  the  slightest  evidence  whatever, 
Boolh  had  co-conspirators  at  an  equal  distance  from 
Washington.  Tue  testimony  discloses  furllier.  that  on 
theroufeselected  by  Irm  for  his  fliehl,  there  is  a  large 
population  that  would  be  most  Ifliely  to  favor  aud  aid 
him  in  the  execution  of  his  wicked  purpose,  aud  in 
making  his  escajie.  But  it  is  asullicient  answer  tothe 
gentleman's  q'jestion,  that  Booth's  co-conspirator, 
Mudd,  lived  in  Charles  county. 

To  return  to  the  lueetingat  the  hotel.  In  the  light  of 
other  facts  in  this  case,  it  must  become  clear  to  the 
Court  that  this  secret  meelin.g  between  Booth,  Surratt 
and  Mudd  was  a  conference  looking  to  the  execution 
of  tliis  c  juspiracy.  It  so  impressed  llie  prisoner,  it  so 
impressed  his  counsel,  that  they  deemed  it  necessary 
and  absolutely  essential  to  th  ir  defense  to  attempt  to 
destroy  thecrerhbilily  of  the  witness  Weiehman, 

I  may  say  here,  in  passing,  that  they  have  not  at- 
tempted to  impeach  his  general  reputation  for  truth 
by  the  tesumony  of  asingle  witness,  nor  have  they 
impeached  his  testimony  by  callin.g  a  single  witness  to 
discredit  one  material  fact  to  which  he  hlis  testilied  in 
thisisiue.  Failiugto  find  a  breath  of  suspicion  against 
Weiehman's  character,  or  to  coiitradici  asin.gieiact  lo 
which  he  ttsiiiied.  the  accused  had  to  fly  to  the  last 
resort,  an  alibi,  and  very  earnestly  did  the  learned 
counsel  devote  liimself  to  the  task. 

It  is  net  material  whetlier  tliis  meeting  in  the  hotel 
tookjilace  on  the2:jd  of  Becember  or  in  January.  But, 
says  the  counsel,  it  was  after  the  commencenienl  or 
closeof  the  Congressional  holid  ly.  That  is  not  ma- 
terial; but  thecoucurrent  resoluliun  of  Congress  shows 
that  the  holidaj'  commenced  on  the22d  Beceinber,  tiie 
day  boibro  the  accused  spent  tue  evenin.g  in  Wasiiiii,;;- 
toii.  Ti.e  witness  is  not  certain  about  the  dale  (.flhis 
meeting.  The  material  fact  is,  did  this  meeting  t.ike 
place— either  on  the2:;d  of  Becember  or  in  January 
last?  Were  the  private  interviews  there  heid,  and  was 
tlie  apology  made,  as  detailed,  by  INkidd  ai.d  Booth 
alter thesecret conference  to  tne  wiiness?  That  the 
meeting  did  takeplace,  and  that  Mudd  did  explain 
that  ihese  secret  interviews,  with  Biiolh  lir-i,  and 
with  Eoo'.h  iiud  Surralt  directly  afterward,  had  rela- 
tion tothe  sale  of  his  farm,  iscnniessedly  admilteil  by 
the  enaeavor  of  the  jinsoner,  through  his  i:ounsel,  to 
show  that  negotiaiions  had  been  g^ing  on  beiweeu 
Boolh  and  Muild  lor  the  sale  of  Mudd's  farm. 

If  nosucii  m  eti^g  was  held,  if  no  such  explanation 
was  made  by  Mudd  to  Weichmau,  can  any  man  lor  a 
moment  believe  that  a  wiiness  would  have  been  called 
here  togivean.v  testimony  about  Booth  having  nego- 
tiated lor  Mudd's  larm?  What  conceivable  connec- 
tion has  it  with  this  case,  excei)t  to  show  that  Mudd's 
explanation  to  \\  eicbman  for  his  exlraord.nary  con- 
doct  was  in  exact  accordance  with  the  laci?  Ur  was 
this  tesiiniony  about  the  negotiations  for  Mudd  3 
larm  intended  toshow  so  close  an  inlimae.v  and  inter- 
course with  liiiotb  that  Mudd  could  not  fail  to  recog- 
nize him  when  he  came  tlyiiig  for  aid  to  his  house 
from  the  work  of  assassinaiion'?  It  would  be  injustice 
to  the  able  c  aiusel  lo  suppose  that. 

I  havesaid  tliat  it  was  wholly  immaterial  whether 
this  conversation  took  place  on  the  i;d  ot  Becember  or 
in  January;  it  is  in  evidence  that  in  both  lliose  m.jiilhs 
Booth  was  at  the  iNatloiial  Hotel;  that  he  occupied  a 
room  there;  that  he  arrived  there  on  the  2:;il  and  was 
there  on  the2ad  of  December  last,  and  also  on  the  IJth 
day  of  Januar.v,  '1  he  testimony  of  the  wilne.-s  is,  that 
Booth  said  he  had  just  come  in.  Suppose  toisconver- 
salion  look  place  in  Becember.  on  the  evening  of  the 
2;tU,  the  time  wlien  it  is  proved  by  J.  T.  IMiidd,  the  wit- 
ness for  the  accused,  that  he.  in  company  with  .Samuel 
A.  Mudd,  spent  the  night  In  Washington  cil.v.  Is  tiiere 
anything  in  the  testiinon.v  of  thai  or  any  other  witness 
lo  show  thai  the  accused  did  not  have  and  could  not 
have  have  had  an  interview  with  Booth  on  that  even- 
ing'.' 

J.  T.  Mudd  testifies  that  he  separated  from  the 
prisoner,  Samuel  A.  Mudd,  at  the  Na' ional  Hotel,  early 
in  the  evening  of  that  day,  and  did  not  meet  him 
again  until  the  accused  came  in  for  the  night  at  the 
Peuusylvania  House,  where  he  stopped.    Where  was 


TRIAL   OF   THE   ASSASSINS  AT  WASHINGTOX. 


193 


T>:  Samuel  A.  Mndd  during  this  interval?  Wliat  does 
hi  i  wtne^s  l;iiow  about  him  (.luring  tbat  time?  IIdw 
cnn  lio  say  that  Dr.  Jludd  did  not  go  up  on  Seventh 
street  i;i  mmpany  with  Booth,  tlien  at  the  National: 
that  he  did  not,  on  Seventh  street,  meet  Surratt  and 
Weichman:  that  he  did  not  return  to  the  Niuional 
Hotni;  that  he  did  not  have  this  interview,  and  after- 
wards meet  hini.  tlie  witness,  as  he  testifies,  ut  the 
Penn'^ylve.nia  House?  Who  knows  that  tlie  Congres- 
sional lioliday  h  '.d  not,  in  fact,  commenced  on  that 
day?  Wliar  witness  has  been  called  to  prove  that 
Booth  did  not  on  eitlier  of  tlio-»e  occasions  occupy  tlie 
room  that  had  formerly  been  occupied  by  a  member  of 
Congress,  who  had  temporarily  vacated  it,  leaviULf  his 
books  there? 

Weichman,  I  repeat,  is  not  positive  as  to  tne  date, 
he  is  only  positive  as  to  the  fact:  and  he  disclosed  vo- 
luntarily, to  this  Court,  that  thedatecon'.d  probabiy 
bo  fixed  by  a  reference  to  the  rei^ister  of  the  I'onnsyl- 
vania  House.  That  resister  cannot,  of  course,  be  con- 
clusive of  wliether  Muddwas  thcrei  i  January  or  not, 
for  the  very  good  reason  that  the  proprietor  admits 
that  he  did  not  know  Samuel  A.  Mudd:  therefore, 
jMudd  mi'.;ht  have  registered  by  any  other  name. 
Weichman  <loe5  not  pretend  to  know  that  MndJ  had 
rerrisiered  at  all.  If  Jludd  was  hero  in  .January,  as  a 
party  to  this  conspiracy,  it  is  not  at  r.ll  unlikely  that,  if 
he  d.d  re,:;is:er  at  that  time  in  the  presence  ot  a  man 
to  whoiii  he  was  wholly  unaciuainted,  his  kins  nan 
not  iheu  being  with  him,  he  would  register  by  a  false 
name. 

B  It  if  the  interview  took  place  in  December,  the  tes- 
timony or  Weichman  bears  as  strongly  against  the  ac- 
cuse 1  as  if  it  had  happened  in  January.  Weichman 
says  he  d  les  not  know  wliat  time  was  occupied  in  thi^ 
interview  at  I  he  National  Hotel:  that  it  prob  ;bly  lasted 
twenty  minutes;  that  af.er  the  private  interviews  be- 
lwe;:n  Mudd,  aud.Surratt.and  Booth,  which  were  not 
of  very  Ion  ;  duration,  had  terminitod.  tho  parties 
went  to  the  Pennsylvania  House,  where  IDr.  Mudd  had 
rooms,'  ml  alter  sitting  to,'efher  in  tho  common  sit- 
ting-room of  the  hotel,  they  left  Ur.  INIudd  thereabout 
10  o'clnclc  P.  M.,  who  remaine.l  during  the  ni:;ht. 
Weichman's  tejtnnony  leaves  no  doubt  that  this  meet- 
ing o:i  Seventh  street  and  interview  at  the  National 
toolc  place  aiicr  dark,  and  terminated  be.ore  or  about 
10  o'clock  C.  SI.  LEis  own  witness,  J.  T.  Mudd.  alter 
stating  that  be  sepa  ated  Irom  the  accused  at  the  Na- 
tional Hotel,  says  aficr  he  had  got  through  a  conver- 
sation v,-ith  tigenlleman  ol  hisacquaintance,  hewalked 
d  jv.'ii  the  Avenue,  went  to  several  clothing  stores,  and 
"alter  a  wliile"  walked  round  to  tiie  Pc'nn'ylvania 
Hon;  e,  and  "very  soon  after"  he  got  there  JJr.  Mudd 
came  in.  and  they  went  to  bed  shortly  a.terwards. 

What  lime  he  spent  in  his  'walk  alone"  on  the  Ave- 
nue, looking  at  c-Othing;  what  period  he  embrace.s  in 
the  terms  "altera  whiie,"  when  he  returned  to  the 
Pennsylvania  House,  and  "soon  alter"  which.  Dr. 
Miidd  got  there,  tne  witness  does  not  disclose.  Neither 
does  he  iiilimate,  much  less  tediiy,  that  he  saw  Dr. 
Mudd  when  he  lirst  entered  the  Pennsylvania  House 
on  that  nigiit  after  their  Neparatlon.  yow  do.  3  he 
know  tliat  Booth  and  .Surratt  and  Weichman  did  not 
accompany  Samuel  A.  Mudd  to  that  house  that  eve- 
ning? How  does  he  know  i  hat  the  prisoner  a»id  those 
persons  did  not  converse  together  some  lime  in  the 
silting  room  of  the  Pennsylvania  Hotel?  Jeremiah 
Mudd  has  not  testilied  that  he  r.-'et  Dr.  Mudd  in  that 
room,  or  that  he  was  in  it  liimself. 

He  has,  however,  sworn  to  the  fact,  which  is  dis- 
proved by  no  one,  that  the  prisoner  was  separated 
irom  hiai  long  enou^'h  that  evening  to  have  had  the 
nioeiing  with  liootli.Surratt  and  Weichman.  and  the 
interviews  in  the  National  Ho, el,  and  at  the  Pennsyl- 
vania House,  to  which  Weichman  has  testilied.  Wiio 
is  there  '.o  disprove  it?  Of  what  importance  is  it 
whether  it  w.-.s  o:i  Ihe  '2;!d  day  of  Decenioer  or  in  Janu- 
ary? How  does  that  affect  the  credibility  of  Weicii- 
man?  He  is  a  raa.n,  as  I  have  beibre  sai<l,  against 
whose  reputation  lo.-  truth  andgood  conduct  they  have 
nut  been  able  to  bring  one  wnness.  If  this  meeting 
did  by  possibility  take  place  that  uigiit.  is  there  anv- 
thing  to  render  it  improbable  that  Booth,  and  Mudd, 
antl  Hurratt  did  have  the  conversation  at  the  Nat  oiial 
Hotel  10  whieh  Weichman  iestllie>?  Of  what  avail, 
there.ore,  ii  tiie  attempt  to  prove  that  Dr.  iMudd  was 
not  heredtu-ing  Jaiuiary.it  it  was  clear  that  he  was 
hereon  the  2Ud  o'"  December.  ISGl,  and  had  this  conver- 
sation with  Booth?  That  this  attempt  to  prove  an 
al.bi  during  January  has  lailed,  is  quue  us  clear  as  the 
proof  of  the  lact  that  the  prisoner  was  here  on  the  eve- 
ning of  thu2od  of  December,  and  present  in  the  Na- 
tional Hotel,  where  Boothstopped. 

Tlie  Kiel  t.:attne  prisoner,  tsamuel  A.  Mudd,  went 
with  J.  T.  Mudd  on  that  evening  to  the  National 
Hotel,  and  there  separated  from  luin,  is  proved  b.v  his 
own  witness,  J.  T.  Mudd;  and  that  he  did  not  rejoin 
him  until  t.iey  retired  to  bed  in  the  Pennsylvania 
House,  is  proved  tiy  the  same  Witness,  and  contradicted 
by  iiobod.v.  Does  any  one  suppose  there  would  have 
been  .sucu  assiduous  care  to  prove  Ihat  the  prisoner 
was  with  his  kinsman  all  the  time  on  the2:;d  of  Decem- 
ber in  Washington,  if  they  had  not  known  that  Booth 
was  tiien  at  tne  National  Hotel,  and  that  a  meeting  of 
the  prisoner  with  Bouth,  Surratt  and  Weichman  on 


that  day  would  corroborate  and  confirm  Weichman's 
testimony  in  every  material  statement  he  made  cou- 
cerning  that  meeting? 

The  accused  having  signally  failed  to  account  for  hi3 
absence  alter  he  separated  from  his  witness,  J.  T.  Mudd, 
early  in  the  evening  of  the 'iid  of  December,  at  Hie  Na- 
tional Hotel,  until  t.iey  had  again  met  at  the  Pennsyl- 
vania House,  when  they  retired  to  re-t,  he  now  at- 
tempts to  prove  an  tinbi  as  to  the  mouth  of  .fannary. 
In  this  he  has  failed,  as  he  failed  in  the  at  tempt  to  show 
that  he  oould  not  have  met  Bouth,  Surratt  and  Welch- 
man  on  the  2:ld  of  December. 

For  this  puriiose  the  accused  calls  Betty  Washington. 
She  had  been  at  Mudd  s  house  every  night  since  the 
Monday  after  Christmas  last,  except  when  hero  at 
Coiirt„and  says  that  the  prisoner.  INIudd,  has  on;y  been 
away  from  home  three  nights  during  that  time.  This 
witness  forgets  that  Mudd  has  not  been  at  home  any 
night  or  d  ly  sincethis  Court  assembled.  Noitherdoes 
she  account  for  the  three  nights  in  which  .she  swears  to 
his  absence  from  home.  Pirst,  she  says  he  went  to 
(iardner's  party  second,  he  went  to  (iiesboro',  then  to 
Washington.  She  does  not  know  in  what  month  he 
was  away,  the  second  lime,  all  night.  .She  only  knows 
where  he  went  from  what  he  and  his  wi  e  said,  which 
is  not  evideiK'e:  hut  she  does  testify  that  when  hi!  left 
home  and  was  ab;ent  overnight,  the  second  time.it 
was  about  two  <ir  three  weeks  after  she  came  to  his 
house,  which  would,  if  it  were  three  weeks,  make  id 
just  about  the  I'lth  of  January.  IS'S.  because  she  swears 
she  came  to  his  house  on  the  lirst  Monday  alter  Cnrist- 
mas  last,  which  was  the  2Gth  day  of  December:  so  that 
the  1  jtli  Ol  January  would  be  t  lire  ■  weeks,  less  one  day 
from  that  time;  and  it  might  have  been  a  w  'ck  earlier, 
aCL^ordlngto  her  testimony;  as,  also,  it  might  have 
been  a  wi.'ek  earlier,  or  more,  by  Weichman's  testi- 
mtniy,  for  he  is  not  jjositive  as  to  tho  time. 

What  1  have  said  of  the  register  of  the  Pennsylvania 
Iloase,  the  head-Quarlers  of  Mudd  and  Alzi^roth,  I 
need  not  here  repeat.  That  record  iiroves  nothing, 
save  that  Dr.  Bludd  was  there  on  the  2;  1  of  D^^eeniber, 
which,  as  we  have  seen,  is  a  fact,  along  with  oUiers. 
to  show  that  the  meeting  at  the  National  then  took 
place.  I  have  also  called  tho  attention  of  the  Court  to 
the  lact  tiiat  if  JMudd  was  iit  the  house  again  in  Janu- 
ar.y,  and  d.d  not  register  his  name,  the  fast  ir.-oves 
no.hing:  or,  if  he  did,  the  register  only  proves  that  he 
regis;ered  falsely:  either  oiwuich  facts  might  have 
happened  wiihoat  the  knowledge  ofthe  witness  called 
by  the  accused  from  that  house,  who  does  not  know 
Samuel  A.  Mudd  jiersonally. 

Tlie  testimony  of  Henr.y  I..  Mudd,  his  brother,  in 
support  ot'  this  (ii:bi,  is  that  the  prison,  r  was  in  Wash- 
ington on  the  2od  of  Slarch  and  on  the  loth  of  April, 
four  days  bcl'ore  the  murder!  But  he  does  not  aecjunt 
lor  the  "absent  night  in  Januar.v,  about  which  Betty 
Washington  testiiies.  'ihomas  Davis  was  called  fortha 
same  i-urposo,  but  slated  tliat  ho  was  himself  absent 
one  night  in  January,  alter  the  9th  of  that  month  and 
he  could  not  sa.v  whether  Mudd  was  thereon  that  iii,'ht 
or  not.  He  does  testify  to  Mudd's  absence  over  night 
three  limes,  and  (i.xes  one  occasion  on  the  night  Oj  iba 
2i)tli  of  Januar;.;  this  witness  cannot  account  for  the 
absence  of  Mudd  on  the  night  re.erred  to  by  Betty 
Washington. 

This  matter  is  entitled  to  no  further  attention.  It 
can  salisiy  no  one,  and  the  burden  of  prooi  is  upon  the 
prisoner  to  prove  that  ho  was  not  in  Wasuin  ;tou  in 
January  last.  How  can  such  testimony  c  mvince  any 
ration:il  man  that  Mudd  was  not  here  in  January, 
against  the  evidence  of  an  unimpeiched  witness,  who 
swears  that  Samuel  A.  Mudd  was  in  Washington  in 
the  month  of  .January?  Who,  that  has  been  e.xamiaed 
here  as  a  witness,  knows  that  ho  was  not? 

Tiie  Uev.  Jlr.  Hvans  swears  tiiat  he  saw  him  in 
Washington  last  winter,  and  ihat  at  the  same  time  he 
saw  Jaroee.  the  one  coming  out  of,  and  the  other  going 
into,  a  house  «Hi  H  street,  wliicli  be  was  in.ormcd,  oa 
inquiry,  was  the  house  ct  Mrs.  Snrralt.  .larboe  is  the 
only  witness  called  lo  contradict  Mr.  TCvans.  and  ha 
h'aves  it  in  e.xtremo  doubt  whether  he  dois  not  co- 
roborate  him,  as  he  swears  that  he  was  here  himself 
last  winter  or  fall,  but  cannot  state  exactlj'  the  time, 
.larboes  silence  on  questions  touching  liii  own  credi- 
biht.v  leaves  no  room  lor  any  one  to  say  ihat  his  testi- 
mony could  impeach  Mr.  Kvaus.  whatever  he  might 
swear. 

Miss  Anna  n.  Surratt  is  also  called  for  the  purpose 
of  impeachiiigMr.  lOvans.  It  is  sufliclent  to  say  of 
her  testimony  ontbat  pointthatsbeswe'ars  negatively 
onl.v,  that  she  did  not  see  either  ot  tlie  jiersons  named 
at  lijr  mother's  house.  This  testimony  neither  dis- 
proves, nor  does  it  even  tend  to  disiuove,  tho  fact  put 
in  isiue  by  Mr  Kvaiis.  Noonewill  pretend,  whatever 
the  form  of  her  e.tpressiou  in  giving  her  testimony, 
that  she  could  say  more  than  that  she  did  not  know  the 
fact,  as  It  was  impossible  that  she  could  know  who 
was,  or  who  was  not,  at  her  mother's  house,  casually, 
at  a  period  so  remote.  It  Is  not  my  purpose,  neither 
is  it  needful  here,  to  question  in  any  way  the  integrity 
of  this  young  woman. 

It  is  further  in  testimony  that  Samuel  A.  Mudd  was 
here  on  the  :;d  day  of  March  last,  the  day  preceding 
the  inauguration,  when  Booth  was  tostrikethelraitor- 
oua  blow;  and  it  was,  doubtUis,  only  by  the  interpo- 


194 


TRIAL  OF  THE   ASSASSINS   AT  WASHINGTON. 


sition  of  that  God  wbo  stands  within  the  shadow  and 
keeps  watch  above  Jlisown,  that,  the  victim  oi'this 
conspiracy  was  sparod  that  day  I'roin  the  assassin's 
hand.  lliaMie  mi?ht  complete  liis  worlc  and  soe  the 
Salvation  ofhis  country  in  tlie  fall  of  R'climond  and 
tho  s;iiTen;lor  of  icsfjieat  army.  Dr.  Jluid  w.is  hereon 
tliat  day  (the;^d  of  Marcli),  to  uUet.  to  pncuiraije.  to 
nerve  hii  co-conspirator  for  the  cimiinission  of  this 
great  crime.  lie  was  c  irried  away  l)y  the  awful  pur- 
poss  which  possessed  him,  and  rushed  inrotiie  roomof 
Mr.  No'.ton,  ut  the  Nationil  Hotel,  in  se  irch  of  B  nith, 
e.xcl.iimin?  excitedly,  "I'm  mistaken;  I  thou  ;ht  this 
\\as  Mr.  B  jo'.h's  room."  lie  is  told  Mr.  Booch  isabove, 
on  tiie  ne.xt  Hoor.  II3  is  followed  bv  Mr.  Norton,  be- 
cause of  his  rudeand  excited  beaavior.  an  1.  beint;  fol- 
lowed, conscious  01  his  guilty  errand,  he  turns  away, 
afraid  01  himself  and  afraid  to  be  found  inooncert  with 
his  feiliw  con:eder;:te.  Mr.  Norton  ideuti.ies  the  pri- 
soner, and  has  no  doubt  that  Samuel  A.  Mudd  is  the 
man. 

Tue  Rev.  Mr.  Evans  also  swears  that,  after  the  1st 
and  be.ore  ih  j  4;b  d  ly  of  March  last,  he  is  c  ~rtain  t!iat 
within  I. Kit  lime,  andon  the2.1  or  :5d  of  M  iroh,  he  saw 
l)r.  Mudd  drivo  into  \Vashini,'ton  City.  T.]e  <  n  leavor 
Is  made  by  tlie  accused,  in  order  to  break  down  this 
witness,  by  provni;;  another  aii6/.  T.iesi;terot  the 
accused,  Miss  Fanny  Mudd.  Is  called.  She  teitifies 
that  she s.iw  the  prisoner  at  brealv  ust  in  lur  father's 
house  ou  the '.Id  of  JNIarch,  about  five  o'clock  in  the 
morning,  and  not  again  until  the  3d  of  Marcli  at  noon. 
Mrs.  K.nily  JIudd  swears  substantially  to  the  same 
Statement.  Beiiy  Washington,  called  lor  tie  accused, 
swe.irs  that  h^  was  at  home  all  day  at  work  witn  her 
on  t.ie  2a  of  March,  and  toolc  breakfast  at  home. 
Frank  WaUi.ng.oQ  swears  that  Mudd  was  at  home  all 
day;  that  he  saw  him  when  he  lirst  came  outi.itha 
mornu).;,  abojt  sunrise,  from  his  own  house,  and 
knows  that  he  was  there  all  day  with  thorn.  Which  i  3 
correct,  tue  tjstimoiiy  of  his  sisters  or  the  tjstimony  of 
servanis'?  The  sisters  say  tiiat  he  was  at  their  father's 
house  Ijr  break.ast  on  the  morning  of  the  2d  of  March; 
the  servants  say  he  was  at  home  lor  brea'.:i'ast  with 
them  on  that  day.  If  this  testimjny  is  followed  it 
pioves  one  aHiii  too  much.  It  is  impossible,  in  the 
naiureof  thin-js,  that  the  testimony  of  all  these  four 
witnesses  can  be  true. 

Seem,'  this  weakness  in  the  testimony  brought  to 
prove  tais  second  aiiti/,  the  endeavor  i;  lisxtmndeto 
discredit  Mr.  x^*'  Tton  for  truth:  and  two  witne3",o-,  not 
more,  are  called,  wno  lestil'y  that  his  rep  itatioa  for 
truth  has  sairor.d  by  contested  litigation  between  one 
of  the  impeaching  witne.sses  and  others.  Foar  wit- 
nesses are  ca:  led,  who  testifv  thai  Mr.  Norton's  repu- 
t..iion  for  truth  is  very  -ood;  that  he  is  a  man  oihi^h 
character  lOr  truth,  and  entitled  to  be  believed  whe- 
ther bespeaks  un  ler  theobli?atinn  of  an  oath  or  not. 
The  late  P.stmistei-Geueral,  Hon.  Horatio  Kinsj,  not 
only  sustains  Mr.  Norton  as  a  man  of  jjood  reparation 
for  irulii.but  e.\i>re33ly  corroborates  his  tenimnnv.  by 
Btatin.3  that  in  March  last,  about  the  4th  of  JIarrh,  Mr. 
Nor. on  to:d  him  tiie  same  fact  to  which  he  swears 
here— that  a  man  cama  into  his  room  under  ex'^ite- 
ment,  alarmed  his  sister,  was  followed  out  bv  him- 
self, and  went  down  stairs  instead  of  going  up;  and 
that  Mr.  Norton  told  him  this  before  the  assassination, 
and  aboat  the  time  of  the  inauguration 

Waat  motive  had  Mr.  Norton  at  that  time  to  fabri- 
cate talis  statement'.'  It  detracts  nothing  I'ron  his  tes- 
timony that  he  did  not  at  that  time  mention  the  name 
Of  this  man  t.)  his  Ir.eiid,  Mr.  ICing:  bee  use  it  a-vi -ar? 
Irom  his  leUimony.  and  there  is  none  toone">tion  tlie 
truihlulness  oi  his  statement,  that  at  tliat  time  he  did 
not  kiio.v  his  name.  Neither  dies  it  take  from  the 
fo.-ce  01  this  testimony,  that  Mr.  Nortin  did  not.  in 
coaimanicatingthis  mattertoMr.  King,  makemention 
ot  Booth  s  name;  because  there  was  nothing  in  the 
transaction  at  the  time,  he  being  ignoraat  of  the  nane 
ot  Mudd,  and  eijuaily  ignorant  of  the  con.piracv  be- 
tween Mudd  and  Booth,  to  give  the  least  occasion  for 
anyme.uion  ot  Booth  or  of  the  transaction  Inriher 
than  he  detailed  it.  With  such  corroboration,  whocan 
doubt  the  fact  tiiat  Mudd  did  enter  the  roon  of  :\Ir. 
Korton.  and  was  lollowed  bv  him.  on  the:',d  of  March 
last.'  Can  he  be  mistaken  in  the  man?  Whoever  looks 
at  the  iirisouer  careluliy  once  will  be  sure  to  recognize 
him  a,  ai  11. 

For  t.ie  present  I  pass  from  the  consideration  of  the 
testimony  showing  Br.  Mudd's  connection  with  Booth 
in  tniscjnspiracy,  with  the  remark  th.atlt  is  in  evi- 
dence, and  1  think  established,  both  bv  the  testimony 
adduced  by  thj  prosecution  and  that  bv  the  prisoner, 
that  since  t.ie  commencement  of  this  Uebellion  John 
H.  Suriatt  visited  the  prisoner's  house;  that  he  con- 
cealed Surralt  and  other  Rebels  and  traitors  in  the 
woods  near  his  house,  where  for  several  davs  he  fur- 
nished t.ieni  with  loodand  be  Iding;  that  the  shelter  of 
the  Woods  by  night  and  by  dav  wastheonly  shelter 
that  the  ini,oner  dare  furnish  those  jrimis  of  his;  that 
in  November  Booth  visited  him  and  remained  over 
nigut:  that  lie  accompanied  Booth  at  that  time  to 
Gardner  s,  Irom  whom  he  purchased  one  of  the  horses 
used  on  the  uightof  the  iissassi nation  to  aid  the  escape 
of  one  of  his  confederates;  that  the  prisoner  had  secret 
interviews  with  Booth  and  Surratt,  as  sworn  to  bv  the 
witness.  Weichraan,  in  the  National  Hotel,  whether 
ou  true23d  of  December  or  in  January,  is  a  matter  of  1 


entire  indifference;  that  he  rushed  into  Mr.  Iforton's 
room  on  IheuJ  of  March  in  s  arch  of  BooMi.  and  that 
lie  was  here  again  on  the  leth  of  April,  four  daj's  be- 
fore the  murder  of  the  President. 

of  hiscondu -t  after  the  a,ssassination  of  the  Presi 
dent,  which  is  con  irmatorv  of  all  this;  his  consp-mg 
with  Booth,  and  his  sheltering,  concea  ing,  and  aiU.ns 
the  (light  of  his  co-conspirator,  this  ilon  assassin,  I 
shall  speak  hereafter,  leaving  him  for  the  present  with 
the  remark  that  the  attempt  to  prove  his  character 
lias  resulted  iiishowing  him  insympathy  with  the  Ue- 
bellion, sj  cruel  that  he  shot  one  of  hisslaves,  and  de- 
clared his  purpose  to. send  several  of  them  to  work  on 
the  Rebel  b  itteries  in  Richmond. 

Wnat  others,  be-ides  Sam  lel  A.  Mudd  and  John  H. 
Surralt  and  Lewis  Piyn',  did  Booth,  after  his  return 
iroin  Can  id  I,  ind  ice  to  join  him  in  this  conspiracy  to 
murder  tiie  President,  the  Vice  President,  the  Secre- 
tary of  .Siate  and  the  L'eutena'it-Geni^ral,  with  thein- 
tent  thereby  to  aid  the  Uebellion  and  overthrow  the 
Government  and  laws  o    the  Uniied  S:ates'.' 

Gil  t.ie  latli  of  Febr  uirv  the  prisoners  Arnold  and 
O'Liughlm  came  10  Washington  a:id  took  room.s  in 
the  house  of  Mrs.  Vantyne;  were  armed;  were  ihere 
visited  irequently  by  John  Wilkes  B  loth,  and  alone; 
were  occasionally  absent  when  Booth  called,  who 
seemed  an.'cious  f.^r  their  return,  would  sometimes 
leave  notes  lor  them,  and  simetimes  a  request  that 
when  taey  came  in  they  should  be  told  to  come  to  the 
stable.  " 

On  the  ISth  of  March  last,  when  Booth  played  in  Tlie 
Apostat",  the  witn'ss,  Mrs.  Vantyne.  rece.ved  from 
U'Langhliii  comp  imentary  tickets.  'Ihese  persons 
remaned  there  un.il  the-.bth  of  March.  They  were 
visited,  so  lar  as  the  witness  knjw;.  daiin  j  tiieir  stay 
at  her  house  only  by  Bjoth.  save  that  on  a  s  n gle  oc- 
casion an  unknown  man  came  to  see  then,  and  re- 
mained with  taem  over  night.  They  told  the  witness 
they  weie  in  the  "oil  business."  With  Mudd,  the 
guilty  purpose  w.vs  sought  to  becoicea'el  by  de- 
claring that  he  was  in  the  "land  business;''  with 
U'Laughliii  and  Arnold  it  was  attempte  1  to  be  con- 
cealed bv  pretense  tliat  they  were  ui  the  '  od  busi- 
ness." Bjoth,  it  is  proved,  had  closed  up  all  connec- 
tion witii  t.ie  oil  business  last  September.  There  is 
not  a  word  of  testimony  to  show  that  tue  accused, 
O'Langhiiii  and  Ara aid.  ever  invested  or  sought  to  in- 
vest, in  any  way  or  to  any  aaiouut,  in  the  oil  iiusiness: 
their^iily  v.ords  betray  tuem;  they  forgot  when  they 
uttered  that  fal  -e  statement  that  the  truth  is  strong, 
next  to  the  Aluiigh'.y,  and  that  their  crime  must  find 
them  out  was  the  irrevocab.e  and  irresistible  law  of 
nature  and  01  nature's  God. 

One  of  their  co-canspirators,  known  as  yet  only  to 
the  gu  Ity  parties  t.)  this  damnable  plot  and  to  the"lii- 
liiiite,  who  will  unmask  and  avenge  all  blood-guilti- 
ness, conies  to  bear  witness,  unwittingly,  against 
them.  This  unknown  conspirator,  wiio  dates  h;s  let- 
ter atSouth  Branch  Br. dge.  April  G.  ISO.),  mailed  and 
jjoit.uarked  C.imberland.  Maryland,  and  addressed  to 
John  Wilkes  Bauth,  by  his  initials,  "J.  W.  B.,  National 
llotel.  Was. ling  on,  D.  C."  was  also  in  the  "oil  specu- 
lation."   In  that  fetter  he  says:— 

"  I'riend  Wili;es  ;  I  received  yours  of  March  12,  and 
reply  as  soon  as  pr.iciicalde.  I  saw  French,  Brady, 
and  others  about  the  oil  speculation.  The  subscription 
tn  the  slock  amounts  to  eight  thousand  dollars,  an  i  I 
add  one  thousand  myself,  which  rs  about  all  1  can 
stand.  Now.  when  you  sinic  your  well  go  d:  i p  enoagli; 
(Inn  t  fail.;  everything  depends  upon  you  and  your 
helpers,  if  you  cannot  pet  t.irough  on //oio-  tJip,  niter 
you  sirike  oil,  strike  through  'i\ionito:i  (iap  a:id  across 
by  Capon.  Romney.an  i  down  the  Brancn.  i  can  keep 
you  .^((ff  irom  a  1  hardships  for  a  year.  X  am  clear  of 
all  surveillance  now  that  infernal  Purdy  is  beat. 

-.i;  *  *  *  >;:  :ii  ::-  * 

"  I  send  this  by  Tom,  and,  if  he  don't  get  drunk,  you 
willgetitthe  tith.  At  ad  events,  it  cannot  be  loiUer- 
i-iu.'j(i  if  lost.  *  *  ■■■'  *  ''•  •" 

"No  more,  only  Jake  will  be  at  Green's  v;il/i  (he 
funis.  LON." 

That  this  letter  is  not  a  fabrication  is  made  appa- 
rent by  the  testimony  of  Purdy,  whose  name  o  curs  in 
the  letter.  He  teslilicd  tiiat  he  h;id  been  adetectivein 
theGovernmentserv.ee,  aiid  t.iat  he  had  been  lalsely 
accused,  as  t.ie  letter  recites,  and  put  under  arrest; 
that  t.iere  was  a  noted  Rebel  by  the  name  of  Green, 
living  at  Fhurnton  (ia  ;  mat  th  le  was  a  servant,  who 
drank,  known  as  "Tom,"  in  the  neighborhood  ofSouth 
Branch  Briage:  that  there  is  an  obscure  route  through 
thetjap,  and  as  described  in  the  letter;  and  that  a 
mancomnioiilv  ca.led  "Lou''  lives  at  Soul h  Branch 
Bridge.  If  the  Court  are  s.ttisfiod,  and  it  i.j  for  them  to 
jud  ,e,  that  this  let.er  was  written  he. ore  the  assassina- 
tion, ;is  it  luir.ions  to  have  been,  and  on  Ihe  day  of  its 
date,  there  can  he  no  question  with  any  one  who  reads 
it  that  the  writer  was  in  the  canspiracy,  and  knew  that 
the  time  of  its  e.KCCution  drew  nigh.  If  a  conspirator 
every  word  of  its  contents  is  evidence  against  every 
other  party  to  this  conspiracy. 

Who  can  I'ail  to  understand  this  letter?  His  words 
"go  deep  enough.  '  "dont  fail,"  "everything  depends 
on  you  and  vour  helpers,"  "if  you  can't  get  tlirough  on 
voiir  trip  after  you  stri/:e  oil,  strike  through  Timrnton 
Gap,"  <tc.,  and  "I  can  keep  you  safe  trom  all  hard- 
ships lor  a  year,"   necessarily  imply  that  when  he 


TRIAL    OF   THE   ASSASSINS   AT  WASniNGTON". 


105 


"sfrikes  oiV  there  will  be  an  occasion  for  a  flight :  that 
a  trip,  or  route,  has  already  been  dotermiiied  upon  ; 
that  liemi'vn' t  l;eable  to  (jo  through  by  th;  t  ror.le; 
in  which  event  he  is  to  strike  for  Tliornton  Oa)).  and 
across  h>'(':itioii  and  Rom ney,  and  down  the  Branch, 
for  the  snelter  u-liicli  his  oo-conspirator  offers  him.  "I 
am  ciear  ol  all  sur\pill:uice  now."  Does  anv  one 
doubt  th-it  the  man  w!io  wrote  those  words  wished  to 
assure  Boo'h  that  he  was  no  longer  waiched,  and  thac 
Booth  could  sa'e!v  hide  with  him  from  his  lui'sucr.s? 
Doe's  ativ  on"  <lou'bt.  from  the  lurlher  expression  in 
this  lette"-.  ".Take  will  l)e  at  Green's  with  the  funds." 
that  this  w;'sa  nirt  of  the  price  of  blood,  or  that  the 
eiKht  thousand  "ilollars  subscribed  by  others,  and  tlie 
one  thons;'.nd  additional,  subscribed  by  the  writer,  were 
also  a  rart  of  the  price  to  be  na.d? 

"Tl'e  oil  ItisMKSs' which  was  the  declared  business 
of  0"Lau!rhliii  and  Arnold,  wi'.s  the  declared  nusiness 
of  the  inlani.us  writer  of  thi-s  letter:  was  ihedeclared 
bnsinessol'.lohn  Tl.Surratt:  was  the  declared  business 
of  Booth  him-elf.  a;  explained  tot 'hester  and  Ile-iS  and 
Pavne:  was  "/,')(?  ^K.^ri^'S';"  relerren  to  in  hist  'e^rams 
to  O'Lau^lilin,  and  meintthe  murderof  the  President, 
of  his  Caliinet.  and  nfOener;;l  Crant,  The  first  of  these 
telegrams  is  dnted  Washinrrton.  fith  March,  and  is  ad- 
dressed to  M.  O  I, auibiin.  No.  57  North  Kxeter  street, 
Baltimore,  JIiTvland,  and  i^  as  fo  lows;  "Don't  you  fear 
to  neglect  vour  business;  .you  had  better  come  on  at 
once.  J.  Bo  th."  The  tele'^ranli  operator,  IIolTman, 
who  sent  this  despatch  from  Washington,  swears  tiuit 
John  Wilkes  Booth  delivered  it  to  him  in  person  on 
the  dav  of  its  date-  and  the  handwriting  of  the  ori'^^inal 
tele-rram  is  eit.iblished  beyond  question  to  be  thatof 
Booth.  The  other  telegram  is  dated  Washin  ;to ', 
IMarcli  27.  addressed  "M.  O'LanehUn,  Esq.,  57  North 
E.'cetei  street,  Baliimore.  Maryland,"  and  is  as  fol- 
lows:—"net  word  to  Sam.  Come  on  with  or  wiihout 
him  on  Wedne  day  morning.  We  sell  that  day  sure; 
don't  iail.    .1.  Wilkes  Booth." 

The  original  ol'tnis  telegram  is  also  proved  to  be  in 
the  handwriting  of  Bictli.  Tiie  sale  referred  to  in  this 
last  telegram  was  douoiless  the  murder  of  the  President 
and  others,  the  ''oil  speculation,''  in  whicli  the  wri'er 
ot  the  letter  liom  South  Branch  Bridge,  dated  Anril  (i, 
b&d  taken  a  thousand  dolla:'s,and  in  which  Boathsaid 
there  was  monev.  and  Sanders  said  there  was  money, 
and  Aizeroth  .sliid  the-e  was  money.  The  words  of 
this  telegram,  "get  w^rd  to  Sam."  meaning  Samuel 
Arnold,  his  co-conspirator;  who  had  been  with  him 
during  all  his  Ktay  at  Washington,  at  Mrs.  Vantyne's. 
These  parlies  to  I'liis  eompiracy,  alter  they  had  gone 
to  Bailiniore,  had  additional  correspondence  With 
Booth,  wliich  the  Court  must  iu.'er  had  i elation  to 
carrying  out  the  purposes  of  their  con.oderation  and 
agreement,  'i'lie  colored  witness.  Williams,  testiiies 
that  Joiiii  Wilkes  Bo  .th  handed  him  a  le;ter  lor 
Micliael  O'Lauglilin.  and  another  lor  Samuel  Arno  d, 
in  Baliimore.  some  time  in  Jlarch  last;  one  of  which 
he  delivered  toU'Laughlin  at  the  theatre  in  B  iltimo'e. 
and  the  oliier  to  a  lady  at  the  door  where  Arnold 
boarded  in  Baltimore. 

Their  agreement  and  co-operation  in  the  common 
object  having  boen  thus  established,  the  letter  writ- 
ten to  Booth  bv  the  prisoner  Arnold,  dated  March 
27,  1SG5,  the  handwriting  of  which  is  iiroved  before  tlie 
Court,  and  which  was  lou;id  in  Booth'3  possession 
after  the  assassination,  becomes  testimony  again  ;t 
O'Laugiiliu,  as  well  as  against  the  writer,  Arnold,  he- 
cause  it  is  an  act  done  in  furtherance  of  their  combi- 
nation.   That  letter  is  as  follcvvs:— 

"Dear  John:— Was  business  so  important  that  you 
could  not  remain  in  Baltimore  till  1  saw  you?  I  came 
in  as  soon  as  I  could,  but  found  vou  had  gone  to  Was.i- 
ington.  I  called  also  to  see  Mil:r.  lint  learned  Irom  his 
mother  that  he  had  gone  out  with  iou  and  had  not  re- 
turned. I  conCiUded.  thire'ore,  he  had  gone  with 
you.  How  inconsiderate  you  have  been!  When  I  le.t 
you,  you  stated  that  wr.  icould  not  jnrc^  in  a  inonlli  or 
BO,  and  tiiere.ore  I  made  application  for  employment, 
an  answer  to  which  I  shall  receive  during  the  weelc.  I 
told  my  parents  I  had  ceased  with  you.  Cm  I,  then, 
under  e.Kistingcircumstuiices, act  as  you  leiiuesi'.'  \'ou 
know  full  well  that  the  Government  suspicions  some- 
thing i^  going  on  tiiere,  thereoieth6to!(Zrr;a/ci».7  is  be- 
coming uioro  compile. ited.  Why  uot,f</r  t.hr.  prcxrut, 
desi.it'.'  Fur  various  reasons,  which,  if  you  look  into, 
3'ou  can  readily  see  without  in.y  maicing  any  mention 
Iherco),  you,  nor  any  one,  can  censure  me  tor  iny  pre- 
sent course,  'iou  have  been  its  cause,  lor  how  c;in  I 
now  come  after  telling  them  I  hud  lelt  you?  Suspicion 
rests  upon  me  now  from  my  whole  family  and  even 
parties  in  the  coiiniry. 

"I  w.U  be  compelled  to  leave  homeany  how. and  how 
800D I  care  not.  None,  no  notono,  were  more  in  lavir 
of  the  enleri.rise  than  myseli.and  to-day  would  be 
there,  had  you  not  dune  as  you  have.  By  this,  I  mean 
manner  of  proceeding.  I  am,  as  youvi^ell  know,  in 
need.  I  am,  vou  niaysav,  in  rags,  whereas,  to-day.  I 
ought  tohoicfc'i  clolhrd.  I  do  not.  feel  right  stalking 
about  w  th  mams,  and  more  from  appearances  a  beggar. 
I  feel  my  dependence  But,  even  all  this  would  have 
been,  and  was,  forgotten,  i'or  I  wax  one  with  you.  Time 
nioreprop/Yiou.s  will  arrive  yet.  Do  notact rashly orin 
haste.  I  would  prefer  your  first,  query,  '(Jo  and  see 
liow  it  will  be  taken  in  Kichmond,'  and,  ere  ioitfr,  Isliall 


be  better  prepared  toapain  liewithyon.  I  dislike  writing. 
Would  sooner  verbally  make  known  mv  views.    Yet 
your  now  waiting  causes  me  t'.ius  to  proceed     Do  not 
in  anger  peruse  this.    Weigh  all  I  have  said.  and.  as  a 
rat  oual  man  and  a /( I'rdrf.  you  cannot  censure  or  up- 
braid my  conduct.    Isincerely  trust  this,  noriuighteise 
I  that  shall  or  may  occur,  wTll  ever  be  an  obstacle  to  ob- 
I  literateonr  former  Iriond^hip  and  attachment.    Wi  ito 
'  me  t.i  Baltimore,  as  I  e.xpect  to  be  in  about  Wednesday 
or  lluirsday;  or.  if  yon  can   possibly  come  on,  1  wiU 
Tuesday  meetyotrat  Baltmiore  at  B. 

"liver,  1  subscribe  myself,  your  friend, 
„  "SAM." 

Here  is  the  confession  of  the  nrisoner  Arnold,  that 
he  was  one  with  Booth  in  this  conspiracy;  the 
further  conic  sion  that  they  are  snspecied  bv  theUo- 
vernment  of  their  country,  and  the  ackiiowiedgmeiit 
that,  s.nce  they  parUd,  Booth  had  communicated, 
amongst  other  things,  a  suggestion  which  leads  to  the 
remark  in  this  letter,  "  I  would  prefer  your  first  quer.v, 
"Go  see  how  it  will  betaken  at  lliolimond.' and  ere 
/o/.(;  1  shall  be  better  prepared  to  again  l>r  u-ilhyoii.." 
This  is  a  declaration  that  afiects  Arnold,  Booth  and 
0'Lau,dilin  alike,  if  the  court  are  satislied,  and  it  is 
dillicultt  )  see  how  they  can  havedoubtion  the  subject, 
that  the  matter  to  be  re:erre(l  to  Ilichmond  is  the  mat- 
lerof  iheassassination  of  thePre-sideutand  others,  to 
eiiect  which  these  parties  had  previously  agreed  and 
conspired  together.  It  is  a  matter  in  testimony,  by 
the  declaration  of  John  II.  Surratt.  who  l.s  as  clearly 
proved  to  have  been  in  this  conspiracy  and  mur- 
der as  Booth  himself,  that  a'oout  the  very 
date  of  tins  letter,  the  27th  of  March,  upon 
tlie  suggestion  of  B  loth,  and  with  his  know- 
ledge and  consent,  he  went  to  Richmond,  not  only 
to  see  "how  it  would  be  taken  t.iere."  but  to  get  funds 
with  which  to  cai  ly  out  the  enterprise,  as  Booth  nad 
already  declared  to  Chester  in  one  of  his  last  inter- 
views, when  he  sa.d  that  he  or  'some  one  of  the 
party''  would  be  constrained  to  go  to  Ilichmond  for 
lundsto  carry  out  the  conspiracy.  Surratt  returned 
from  Richmond,  brinning  with  him  some  part  of  the 
money  for  which  he  went,  and  was  then  going  to 
Can.;da,  and.  as  the  testimony  discloses,  bringing  with 
him  tlie  despatches  from  Jefl'ersoa  Davis  to  nis  chief 
agents  in  Canada,  which,  as  Thomison  declared  to 
Couover.  made  the  proposed  assassination  "all  right." 
Surratt. after  seeing  the  parties  here,  ICit  immediately 
lor  Canuda.  and  delivered  his  despatches  to  Jacob 
Thompson,  the  agent  ofJefJi-rson  Davis.  This  was 
don  ■  by  Surratt  upon  the  suggestion,  or  in  exact  ac- 
cordance with  the  suggestion,  of  Arnold,  made  on  the 
27th  of  March,  in  his  letter  to  Booth,  just  read,  and  yet 
vou  are  gravely  told  that  four  weeks  before  the  27th  of 
Marcii  Arnold  "had  abandoned  the  conspiracy. 

Surratt  reached  Canada  with  these  desjiatches,  as  we 
have  seen,  about  the  6th  or  7th  of  April  last,  when  the 
witness,  Conover,  saw  them  delivered  to  Jacotj 
Thompson,  and  heard  their  contents  stated  by  Thomp- 
son, and  tlie  declaration  from  him  that  these  des- 
patehesmadeifall  right."  That  Surratt  was  at  that 
time  in  Canada,  is  not  only  established  by  the  testi- 
mony of  Conover,  but  it  is  also  in  evidence  that  he 
told  SVeichman,  on  the  :!d  of  April,  that  he  was  going 
to  t,'anada,  and  on  that  day  left  for  Canada,  and  after- 
wards, two  letters  addressed  by  Surratt,  over  the/fcCi- 
tious  signature  of  John  Harrison,  to  his  mother  and  to 
Miss  Ward,  dated  at  Montreal,  were  received  by  them 
on  too  1  UU  of  April,  as  testified  by  Weichma.i  and  by 
Miss  Ward,  a  witness  called  for  the  defense  Thus  it 
aopears  that  the  condition  named  by  Arnold  in  his  let- 
ter had  been  complied  with.  Booth  had  "gone  to 
Richmond'*  in  the  person  of  Surratt,  "to  see  how  it 
would  be  taken."  The  Rebel  author!  ies  at  Richmond 
had  appproved  it,  the  agent  had  returned:  and  Ar- 
nold was,  in  his  own  words,  tliereby  the  better  pre- 
pared to  rejoin  Booth  in  the  prosecution  of  this  con- 
spiracv.  _ 

To  tills  end  Arnold  went  to  Fortress  Monroe.  As  his 
letter  expressly  declares.  Booth  said  when  tiiey  parted, 
"we  would  not  meet  in  a  month  fir  f,o.i\n<itkrrijorci 
made  application  for  employment— an  answer  to 
which  I  shall  receive  during  the  week."  Ili-did  re- 
ceive the  answer  that  week  from  Fortre  s  Moiirue, 
and  went  thure  to  await  the  "more  propitious  time," 
bcariii"  with  him  the  weapon  ot  death  which  Booth 
had  provided,  and  ready  to  obey  his  call,  as  the  act 
hid  been  ajiproved  at  Richniond.and  been  made  "all 
ri"lit."  Acting  upon  tliesamefact  that  the  cons|)iracy 
h-Td  been  apin-oved  In  Richmond,  and  tlie/iox/.t  pro- 
vided, (j'Laughlin  came  to  Washington  to  identify 
G  neral  Grant,  the  person  who  was  to  become  the 
victim  of  his  violence  in  the  final  consummatim  of 
thisorime-General  Grant  whom,  as  is  averred  in  the 
speciiication,  it  had  become  the  part  of  (J  L  iiighlin, 
by   his   agreement   in    his   conspiracy,   to   kill   and 

Un  the  evening  preceding  the  assassination,  the  l.'?th 
of  April,  by  the  testimony  of  three  reputable  wit- 
nesse-i  against  whose  truthfulness  not  one  word  is  ut- 
tered here  or  elsewhere,  O'Laughlin  went  into  the 
house  of  the  Secretary  of  War.  wheretJencral  Grant 
then  was.  and  placed  himself  in  position  in  the  hall 
where  he  could  see  him,  having  dec  ared  before  be 
reached  that  point  to  one  of  these  witnesses  that  he 


196 


TRIAL   OF  THE   ASSASSINS   AT    WASHIXGTOX. 


wished  to  see  Goneral  Grant.  The  house  was  bril- 
liantly illuminated  at  the  time:  two,  at  least,  of  the 
witnesses  conversed  with  the  accused,  and  the  other 
stood  very  near  to  liim,  took  special  notice  of  his  con- 
duct, called  attention  lo  it,  and  suggested  that  he  be 
gut  out  ot  the  house,  and  he  was  accordingly  put  out 
y  one  ot'the  witnesses.  These  witnesses  arecouiidcnt 
and  have  no  doubt,  and  so  swear  upon  their  oatlus. 
that  Michael  O'Laughliu  is  the  man  who  was  present 
ou  that  ncctision. 

There  is  no  denial  on  the  part  of  the  accused  tliat  he 
Was  ill  Wash  ingt  on  during  the  day  and  during!  he  niglu 
of  April  i:;,aud  also  during  ihe  day  and  duringthe  nigiit 
of  the  mil ;  and  yet,  to  get  rid  of  this  teslimony.  re- 
course is  had  t  >  that  common  device— au  aUlii:  a  do- 
vice  never,  I  may  say.  more  frequently  resorted  to 
than  in  this  trial.  But  what  an  aliUi!  Nubody  is 
cailed  to  prove  it,  save  some  men  who,  by  their  own 
testimony,  were  eiiKa^ed  in  a  drunken  debauch  through 
the  eveiuiig.  A  reasonable  man  who  reads  their  evi- 
dence canliardly  be  ex))ected  lo  allow  it  to  outweiijh 
the  united  lestiinony  of  three  unimpeaclied  and  unim- 
peachable witnesses,  wno  were  clear  in  their  state- 
ments, who  entertain  no  doubt  of  the  truth  of  what 
they  say,  whose  opportunities  to  know  %vere  lull  and 
complete,  and  who  were  constrained  to  take  special 
notice  of  the  prisoner  by  reason  of  his  extraordinary 
conduct. 

These  witnesses  describe  accurately  the  appearance, 
stature  and  complexion  of  the  accused,  but,  because 
they  describe  his  clothing  as  dark  or  black,  it  -is  urged 
that  as  part  of  his  clothing  although  dark,  was  not 
black,  the  witnesses  are  mistaken.  O'Laughlin  and 
bis  drunken  companions  (one  of  whom  suoars  that  he 
drank  ten  times  that  evening)  were  strolling  in  the 
streets  and  in  the  direction  of  the  house  of  the  Secre- 
tary of  War  up  the  avenue:  but  you  are  asked  to  be- 
lieve that  these  witnesses  could  not  be  mistaken  in 
saying  ihe.v  were  not  off  the  Avenue,  above  Seventh 
street,  or  on  K  street.  I  venture  to  say  that  no  man 
who  reads  their  testimony  can  determine  satisfacto- 
rily all  the  places  that  were  visited  by  O'Laughlin  and 
his  drunken  associates  that  evening  from  seven  to 
eleven  P.  M.  All  this  time,  from  seven  to  eleven  P. 
M..  must  be  accounted  lor  satisfactorily  before  an 
alibi  can  be  established.  Laughiin  does  not  account 
lor  ail  llie  time,  for  he  left  O'Laughlin  alter  seven 
o'clock,  and  rejoined  him,  as  he  says,  "I  suppose 
abouteight  o'clock.''  Grillet  did  nDt  meet  him  ui;t;i 
half-past  ten,  and  then  only  casually  saw  him  in  pass- 
ing the  hotel.  May  notGrillet  have  been  mistaken  as 
to  the  fact,  altnough  he  did  meet  O  LaugLilin  alter 
eleven  o'clock,  the  same  evening,  as  he  swears'? 

Purdy  swears  to  seeing  him  in  the  bar  with  Grillet 
about  half-past  lu,  out,  as  we  have  seen  by  Grillcfs  tes- 
timony it  must  have  been  after  11  o'clock.  Murpliv 
contradicts,  as  to  time,  both  Grillet  and  Purdy.  for  he 
says  it  was  half-past  11  or  12  o'clock  when  he  and 
O'Laughlin  returned  to  Kullman's  from  Platzs:  and 
Early  swears  the  accused  went  from  Hull  man's  to  Se- 
cond street  to  a  dance  about  a  quarter  past  11  o'clock, 
when  O'Laughlin  took  the  lead  in  the  dance,  and  stayed 
about  one  hour.  I  follow  these  witnesses  no  furtijer. 
They  contradict  each  other,  and  do  not  account  lor 
O'Laughlin  ail  the  lime  from  7  to  U  o'clock.  I  repeat 
that  no  man  can  read  their  testimony  without  finding 
contradictions  most  material  as  to  time,  and  comingto 
the  conviction  that  they  utterly  fail  to  account  for 
O'Laughiins  v.hercabouts  on  that  evening.  To  esta- 
blish an  alibi  the  witnesses  must  know  the  fact  and  tes- 
tify to  it.  O'Laughlin,  Grillet,  Purdy,  Murphy  and 
Early  utterly  lail  to  prove  it.  and  only  succeed  in  show- 
ing that  tbey  did  no.  Icnow  where  O'Laughlin  was  all 
this  time,  and  that  some  of  them  were  grossly  mistaken 
in  what  ihey  testified,  both  as  to  time  and  place. 

The  testimony  of  James  B.  Henderson  is  equally  un- 
satisiaclory.  He  is  contradicted  by  other  tostimon  v  of 
the  accused  as  ^o  ?<'rre.  He  says  O'Laughlin  weiit"np 
the  avenue  above  Seventh  street,  but  that  he  did  notgo 
to  I^inili  street.  Tiie  other  witnesses  swear  he  svent  to 
J<"inth  street.  He  swears  he  went  to  the  Canterbur.v 
ab  utS»  o'clock,  alter  Koing  back  from  Si^venth  street 
toBullman's.  Laughiin  swears  ihat  O'Laughlin  was 
with  hiiu  at  the  corner  of  the  avenue  and  >.inth  stn'ct 
at  i)  oc.ock,  and  wei.t  from  there  to  Canterburi",  while 
Early  swears  that  OLaughlin  went  up  as  far  as 
EleveniM  street,  and  returned  and  IO'>k  sun.er  witn 
bim  at  Welcker's  about  8  o'clock.  If  these  witnessei 
pruveau  «i,6(,  it  13  really  a.ciii.ist  each  other.  It  isfui  y 
to  pre, end  that  they  i)io\  e  facts  whuli  nuke  it  impos- 
sible tiiat  O'Laiigh. in  cuuid  have  been  at  the  house  of 
becretary  sianton,  as  three  witnessoj  ^wear  hewas,  on 
the  evening  of  the  13th  of  April,  looking  for  General 
Grant. 

Has  It  not.  by  the  testimony,  thus  reviewed,  been  es- 
tablishiU  y»i'«H(  fnrie  that  in  the  months  oi  lohrnary. 
March  and  April  0'l.an;;hlin  had  c  iinbined,  conlei.e- 
ratcd  aiidaiireed  with  John  Wilkes  Booth  andS:muel 
Arnold  to  kill  and  murder  Abraham  i  .iicoln.  \i  iliain 
H.  Seward,  Andrew  Johnson  and  Ulysses  S.  Grant'?  Is 
It  not  establislied.  beyond  a  shadow  of  doubt,  that 
Booth  bad  so  conspired  with  the  Rebel  agents  in  i  a- 
nada  as  early  as  October  last;  that  he  was  in  search  of 
agents  10  do  the  work  on  pay.  in  the  iuierestvi  oi  too 
Rebellion,  and  th  t  in  tnis  speculation  Arnold  and 
O'Laughlin  bad  joined  as  early  as  February,  and  then, 


and  after,  with  Booth  and  Surratt,  they  were  In  the 
"oil  business,"  which  was  the  business  of  a-sassiualion 
by  contract  as  a  speculation'?  If  this  conspir;icv  on 
the  part  of  O'Laughlin  with  Arnold  is  e.^iabli'shed 
even  vfima  facie,  the  declarations  and  acts  of  Arnold 
and  Booth,  the  other  conspirators,  :n  furtherance  of 
the  common  design,  is  evidence  against  O  L.iuglilin  as 
well  as  against  Arnold  himself  or  the  o:l>er  parties. 
The  rule  of  law  is  that  the  act  or  declaration  of  one 
conspirator,  dono  in  pursuance  or  furtherance  of  the 
common  design,  is  the  act  or  declaration  of  all  the 
conspirators-    (1  Wharton;  70ii>. 

The  letter,  therelore,  of  his  co-conspirator,  Arnold, 
is  evidence  against  O'Laughlin,  because  it  is  an  act  in 
the  prosecution  of  the  common  conspiracy,  suggesting 
wi;at  should  be  done  in  order  lo  m.iUe  it  eifeciive.  and 
which  suggestion,  as  has  been  stated,  was  JoUowed 
out.  Tue  defense  has  attempted  t-i  avoid  the  lorce  of 
this  letter  by  recitinsthe  statement  of  Arnod.made 
to  Horner  at  the  time  he  was  arrested,  in  which  he 
'declared,  among  other  things,  that  the  i-urpose  was  to 
abduct  President  Lincoln  and  take  bim  South;  that  it 
was  to  be  done  at  the  theatre  bytUrouing  the  Presi- 
dent out  of  the  bc^x  upon  the  rtborof  the'stage,  when 
the  accused  was  to  Catch  him.  The  very  announce-  • 
ment  of  this  testimony  excited  derision  that  such  a 
tragedy  meant  only  to  take  the  President  and  carry 
him  gently  away !  This  pigmy  to  etch  the  giant  as 
the  assassins  hurled  him  to  the  tloor  Irom  an  eleva- 
tion of  tweive  feet! 

The  Court  has  viewed  the  theatre,  and  must  be  sa- 
tisfied  that  Booth,   in   leaping   irom  the  President's 
box,  broke  hi^  limb.    TheCourt  cannot  lail  toconclude 
tiiat   this   statement  of  Arnold  was  but  another  silly 
device,   like  that  of  "the  oil  business"  which,  for  the 
time  being,  heemplo.ved  lo  h.de  from  the  knowledge 
of  his  captor  the  fact  that  the  purpose  was  to  murder 
the   President.    Ko   man   can,  for  a  moment,  believe 
;  that  anyone  of  these  conspirators  hoped  or  desired,  by 
\  such   a  proceeding   as  that  stated  by  this  jn-isoner,  to 
\  take  the  President  alive,  in  the  presence  of  thousands 
I  assembled  in  the  theatre,   after   he   had   been  thus 
)  thrown  upon  the  lloor  of  the  stage,  much  less  to  carry 
;  him  liirough  the  city,  through  tlielinesoi  your  army, 
I  and  deliver  him  into  the  hands  of  the  llebels.    Nosuch 
t  purpose  was  expressed  or  hinted  at  by  the  conspirators 
in  Canada,  who  commiss.oned  Booth  lo  lettneseas- 
I  sassinations  on  contract.    I  snail  waste  not  a  moment 

more  in  combatting  such  an  absurdity. 
I     Arnolu  does  confess  that  he  was  a  conspirator  with 
I  Boom  in  this  purposed  murder:  that  Booth  hadalet- 
I  ter  of  introduction  to  Dr.  Mudd;  that  Booth,  O'Laugh- 
I  lin,  Alzeroih,  surrait,  a  man  with  an  alias,  "  Mosby," 
and  another  whom  he  does  not  know,  and  Jiimself 
were  I'arties  to  this  consiaracy  and  that  Booth  bad 
furnished  them  all  with  ar    s.    He  cjncludas  this  re- 
markable statement  to  Horner  with  the  declaration 
I  that  at  that  t. me,  to  wit:  the  first  week  of  March,  or 
lour  weeks  before  he  wen:  to  I'ortress  Monroe,  he  left 
1  the  conspiracy,  and  that  Booth  told  him  to  sell  bis 
arms  if  he  chose.    This  is  sulUciently  answered  by  the 
lact  that  four  weeks '.'/^fiifart/.v,  he  wrote  his  letter  lo 
Booth,  which  was  found  in  Booth's  possession  alter  the 
assassini.tion,  suggesting  to  him  wh:it  to  do  in  order  lo 
make  the  conspiracy  a  success,  and  by  the  jurther  fact 
that  at  the  very  moment  he  uttered  thesedeclarations, 
part  of  his  arms  were  lOunJ  upon  his  person,  and  the 
rest  rot  disposed  of,  but  at  his  lather's  house. 
A  partvto  a  treasonable  and  murderous  conspiracy 
!  against  the  Government  of  his  country  cannot  be  held 
to  have  abandoned  it  because  he  maUe^  such  a  declara- 
tion as  this,  when  he  is  iu  the    hands  of  the  oliicerof 
the  l.iw:  arrested  for  his  crime,  and  espec.ally  when 
hlideclaration  is  in  conflict  with  and  expressly  con- 
tradicted by  his  written  acts,  and  unsupported  by  any 
conductofbis  which  becomes  a  citizen  and  a  man. 

If  he  abandoned  the  conspiracy,  why  did  he  not 
make  known  ilie  lact  to  Abraliam  Lincoln  and  his 
constitutional  advisers  that  these  men,  armed  with 
the  w  ap.jusof  assassination,  were  daily  lying  in  wait 
for  their  lives?  To  preieod  that  a  man  who  thuscon- 
ducts  himself  for  weeks  after  the  pretended  abandon- 
ment, volunieering  advice  lor  t.'ie  successful  prosecu- 
tion of  the  consp.racy,  the  evidence  of  which  is  in 
wr,;iiig,  and  about  which  there  can  benomi.;take,  has, 
in  fa't,  abandoned  it,  is  to  insult  the  common  under- 
standing of  men.  O'Laughlin  having  conspired  with 
Arnold  tod  )  this  murder,  is,  there  ore.  as  much  con- 
cludi  d  I  y  the  letter  of  Aruoid  of  the  27th  of  March  as 
is  Arnold  himself. 

Thelurther  testimony  touching  O'Laughlin,  that  of 
S;ix'>'i.  e  tablishes  the  lact  I h.a  about  tiie  1st  of  Apr. I 
besawhim  inconlidential  convers:ition  wi;h  J.Win;es 
Baoth,  in  this  ciiy,  on  tue  Avmue.  Another  man. 
Whom  the  witness  does  not  Icnow,  was  in  conversa- 
tion. (j'Lm,'lilin  called  Sirett  to  one  side,  and  told 
hi  a  Boom  w;.s  bu«ly  e  iL:aged  wit  i  his  friend,  was 
tl.ii^a privately  loh\St:iead.  Thi^remar.<of  O  Laugh- 
f  n  s  n  aUt.HnpCi.'d  to  be  acjounied  for,  but  the  ai tempt 
killed;  hiscoun  el  taking  the  pains  to  ask  what  in- 
du -id  O'Laughlin  to  make  the  remark,  received  the 
III  r(';ilv— •  I  dill  noi  see  the  iuior.or  of  Mr.  O'Laugh- 
iins mind;  I  cannot  tell.''  It  is  ihe  province  of  ihis 
Court  to  ii.ier  why  that  remark  was  made,  and  what  it 
si;.' 11  i  lied. 
That  John  H.  Surratt,  George  A.  Atzerotb,  Mary  E. 


TRIAL  OF  THE   ASSASSINS   AT   WASHINGTON. 


i 


TRIAL   OF   THE   ASSASSINS    AT  WASHINGTOX. 


191 


Surra  ft.  David  E.  Harold,  ami  Lewis  Payne,  entered  I 
into  tbiseonspiru,c.v  witli  Uuolli,  is  so  very  clear  upon  ' 
tliis  testiniosiy,  tliat  little   lirue   uetd  he  "occupied  in 
b  inymg  again  belbre  the   Court   tlie  evidence  wliicli 
establishes  it.    By  ttie  testinmny  ofWeiclinian  wellnd 
Atzerolti  in  February  at   the   buuse  oi  llie  prisoner, 
11  rs.  Biirratt.    He  incjuired  lor  her  or  tor  J oliuw lien  be  1 
came,  and  remained  over   niglit.    Alter  ibis,  and  be- 
lore  tho  assassination,  be  visited  there  I'requenily,  and  ; 
at  that  In  use  bore  the  name  of  ■' Port  Tobacco."  the 
name  b.v  which  be  was  known  in   Canada  among  the 
conspirators  there.    The  same  witness  testifies  tuat  he 
met  him  on  the  street,  wlien  ho  said  be  was  going  to 
vi-it  Payne  at  the  llerudon  House,  and  also  accom- 
panied him,  along  with  Harold  and  John  II.  Surralt 
to  the  theatre  iu    March,  to  see  Booth  play  iu  the 
Apostate. 

At  the  Pennsylvania  House,  one  or  two  weeks  pre- 
vious lo  the  assassination,  Alzeroth  made  tha  state- 
ment lo  Lieutenant  K«im,whc'n  asking  lor  bis  knile 
which  he  bad  left  in  his  room,  a  knife  corresponding 
In  size  with  the  one  e.xhibiled  in  Court,  "1  want  that; 
ifoneiails  1  want  the  other,"  wearing  at  the  same 
time  his  revolver  at  his  belt.  He  also  stated  to 
Cireenaualt,  of  the  Pennsylvania  Jlouse,  in  March, 
that  he  was  nearly  broke,  but  had  friends  enough  to 
give  him  as  much  mone.v  as  uoiild  sic  him  throui/h, 
utluiug,  "I  am  going  away  some  of  these  days,  but  will 
ret.rn  with  as  much  gold  as  will  keep  me  all  my  liie- 
time."  Mr.  Greenawalt  also  says  that  Booth  bad  Ire- 
qucnt  intervievvs  with  Alzerfith.  sometimes  in  the 
room,  and  at  other  times  Booth  would  walk  in  and 
immtdiatel.v  go  out,  Alzeroth  lollowing, 

John  M.  I'ioyd  testifies  that  some  six  weeks  before 
the  assassination,  Harold,  Atzeroth  and  John  H.  Sur- 
raii  Clime  to  bis  bouse  at  burratisvUle.  bringing  with 
them  two  bpencer  carliincs,  with  ammunition,  also  a 
rope  and  wrench.  iSurratt  asked  the  witness  to  take 
caie  of  them  and  to  conceal  tbecarbints.  iSurratt  took 
him  into  a  room  111  the  house,  it  being  bis  mother's 
Louse,  and  showed  the  witness  where  to  put  the  car- 
bines, between  thejoiats  on  the  second  floor.  The  car- 
bines were  put  there  according  to  his  directions  and 
concealed.  Marcus  P.  Kortoii  saw  Atzeroth  in  conver- 
sation with  Booth  at  the  iS'atioual  Hotel  about  the  M 
or  ad  ol  March;  the  conversation  wasjionfidential,  and 
the  witness  accidentally  beard  them  talking  in  regard 
lo  President  Johnson,  and  say  that  "the  class  of  wit- 
nesses would  be  oi  that  cliaract«r  that  there  could  be 
little  proven  by  tiiem."  This  conversation  may  throw 
some  light  on  the  fact  that  Atzeroth  was  lound  mpos- 
se=sioii  of  Booth's  bank  bookl 

Colonc  1  l^evens  tesLihes  that  on  the  r2th  of  April  last 
he  saw  Atzeroth  at  the  Kirkwood  House;  that  Atzeroth 
there  asked  him,  a  stranger,  if  be  knew  where  Vice 
President  Johnson  was,  and  where  Johnson's  7-oom 
icas.  Colonel  ISeveiis  showed  him  where  the  room  of 
the  Vice  President  was  and  told  him  that  the  Vice 
President  was  then  at  dinner.  Atzeroth  then  looked 
into  the  dining-room,  where  Vice  President  Johnson 
wasUiuing  alone.  Kobert  il.  Jones,  the  clerk  at  the 
Kirkwoou  House,  statt ,  that  on  the  14tb,  theday  of  the 
niurder,  two  days  alter  this.  Atzeroth  registered  bis 
name  at  the  hotel.  G.  A.  Atzeroth,  and  took  No.  1'2B,  re- 
taining the  room  that  day,  and  carrying  awav  the  key. 
in  this  room,  aiter  the  assassination,  were  found  the 
kiiiie  and  revolver,  with  which  he  intended  to  murder 
the  Vice  President. 

The  testimony  of  all  these  witnesses  leaves  no  doubt 
that  tiie  prisoner,  George  A.  Atzeroth.  entered  into 
this  conspiracy  with  Booth;  that  he  expected  to  re- 
ceive a  large  compensation  for  the  services  that  he 
would  render  in  its  execution;  that  lie  bad  undertaken 
the  assassination  of  the  Vice  President  for  a  price; 
that  he,  with  tjurratt  and  Harold,  rendered  liie  imiior- 
tant  service  of  aej.ositiiig  the  arms  and  ammunition 
to  be  u-ed  by  Booth  and  his  con.edcratcs  as  a  protec- 
tion to  their  flight  after  the  conspiracy  had  been  exe- 
cuted, and  that  be  was  careful  lo  have  his  intended 
victim  pointed  out  to  him,  and  the  room  he  occupied 
iu  the  hoiel,  so  that,  when  he  came  to  perlorm  his 
borr.d  work,  be  would  know  precisely  where  to  go 
and  whom  to  strike. 

1  take  no  tnrther  notice  now  of  the  preparatiou 
Which  this  prisoner  made  fnr  the  successful  execution 
of  this  part  ot  the  traitorous  a  d  murderous  design. 
The  question  is.  did  he  enter  in  to  this  conspiracy?  His 
language,  overheard  by  Mr.  iSorton,  excludes  every 
other  conclusion.  VicePresid«nt  Johnson  s  name  was 
lueiitioned  in  that  secret  conversation  w-iih  Booth,  and 
the  very  suggestive  expression  was  made  between 
llieru  liiat  "little  could  be  iiroved  by  the  witnesses." 
His  comession  iu  his  defense  is  "conclusive  of  his 
guilt. 

'that  Payne  was  in  this  con.spiracy  is  confessed 
in  me  deieu»e  made  by  his  counsel,  and  is  also  evi- 
nent  irom  ibe  facts  proved,  that  when  the  conspi- 
racy was  being  organized  in  Canala,  by  Thomp- 
son, handers.  Tucker,  Cleary,  and  Clay,  this  man 
Payue  stood  at  the  door  of  'fbompson;  was  recom- 
mended and  endorsed  by  Clay  with  the  words, 
'•We  trust  him;"  that  alter  cuining  hither  he  hrst 
reported  himself  at  the  house  of  Mrs.  Mary  K.  hurratt, 
inquired  lor  her  and  for  John  H.  bur.  alt,  remained 
there  tor  lour  days,  having  couversatiou  with  both  of 


them:  having  provided  himselfwith  moans  of  disguise, 
was  also  fuiipiiid  with  pistols  and  a  kniie,  such  us  be 
afterwards  used,  and  siuirs,  preparatorv  to  bis  flight: 
was  seen  with  John  JI.  «urratt.  praciiciiig  with  knives 
such  as  those  employ  111  ni  ihis  deed  of  assassination, 
and  now  belure  the  Court;  was  alterwards  provided 
with  lodging  at  the  Jlerndon  House,  at  the  instance  of 
Hurratt:  was  visited  thereby  Atzeroth,  attended  Booth 
andSurralt  to  ioril's  Theatre,  occupying  with  those 
partlesthe  box.  asl  be'ieveaiid  winch  we  mav  readily 
infer,  in  which  the  President  wasalterwardsniurdered. 

If  further  testimony  be  waniuig  that  lie  had  entered 
into  the  conspiracy,  it  may  be  found  in  the  fact  sworn 
lo  b.v  Weicbman,  whose  te  timoiiy  no  candid  man  will 
discrftdit,  that  about  the  2uth  of  Slaich  Mrs.  cSurratt.  in 
great  txcitement,  and  weeping,  said  lliat  Jierson  John 
had  gone  away  not  to  return,  when  ahoul  three  hours 
subseiiueutly.  in  the  afiernoon  of  the  same  day,  John 
II.  Surratt  reappeared,  came  rushing  in  a  slate  of 
frenzy  into  the  room,  in  his  mother's  bouse,  armed,  de- 
claring be  would  shoot  whoever  came  iiiio  the  room, 
and  proclaiming  that  his  jirospecis  were  blasted  and 
his  hopes  gone;  that  soon  Payue  came  into  the  same 
room,  also  armed  and  under  great  excitement,  and 
was  immediately  followed  by  Boiith,wilh  his  riding 
whip  in  bis  hand,  who  walked  rapidly  acro.ss  the  floor 
from  side  to  side,  so  much  e.xciied  iliat  lor  some  time 
he  did  not  notice  the  presence  of  the  witness.  (Jbserv- 
ing  Weiehmaii,  the  parlies  then  withdrew,  U|)on  asug- 
gestion  Irom  Booth,  to  an  upper  room,  and  tiiere  had  a 
private  interview.  I-'roni  all  that  transpired  on  that 
occasion  it  is  a|ipareiit  that  when  these  parlies  left  the 
house  that  da.v  it  was  with  the  full  purpose  of  com- 
ple  ing  some  act  essential  to  the  final  execution  of  the 
wurk  of  assassination,  in  conlbrmiiy  with  their  pre- 
vious conlederation  and  agreement.  They  returued 
foiled,  from  what  cause  is  unknown,  dejected,  angry 
and  Covered  with  conlu:  ion. 

It  is  almost  imposing  upon  the  patience  of  the  Court 
to  consume  time  in  deiuoiislrating  ihe  lact,  which 
none  conversant  with  the  testimony  ol  this  case  can 
lor  a  moment  doubt,  that  John  11.  feurralt  and  Mary 
E.  feurratt  were  as  surely  in  the  conspiracy  to  murder 
the  President  as  John  Wilkes  Booth  himself.  You 
have  the  frequent  interviews  between  JohnH.  Sur- 
rattand  Booth;  bis  intimate  relations  with  Payue; 
his  visits  from  Atzerotu  and  Harold;  bis  deposit  oi  the 
arms  to  cover  their  flight  afier  liie  conspiracy  should 
have  been  e.xecuted;  his  own  declared  visit  to  Iticb- 
mond  to  dowhatBootli  himself  said  to  Chester  must 
be  done  to  wit:— That  he  or  some  oi  the  party  must  go 
to  Kichmond  in  order  to  eet  funds  to  carr.v  out  the 
conspiracy;  that  be  brought  hack  with  him  gold,  the 
price  of  blood,  conUssing  bimsell  that  he  was  there; 
that  he  immediately  went  to  Canada,  delivered  des- 
patches iu  cipher  to  Jacob  Thompson  Irom  JeUerson 
Davis,  which  were  interpreted  ana  reail  by  Thompson 
in  the  presence  of  the  witne.-s  Conover,  and  in  wliictx 
the  conspiracy  was  approved,  and  in  the  language  of 
Thompson  the  proposed  assassiuatioii  was  "made  all 
right." 

One  other  fact,  it  any  other  fact  be  needed,  and  I 
have  done  with  the  evidence  which  proves  that  John 
H.  burialt  entered  into  this  combinaiion;  that  is,  that 
it  appears  by  the  testimony  of  tiie  waness,  the  cashier 
of  the  Ontario  Bank,  Montreal,  that  Jacob  Tliompson, 
about  tlie  day  that  these  despatches  were  delivered, 
and  while  burratl  was  then  jjiesent  in  Canada,  drew 
li"om  that  Bank  of  the  Kehel  funds  there  on  deposit, 
the  sum  of  one  hundred  and  eighty  thousand  dollars. 
This  being  done,  burratt  finding  it  safer,  doubtless,  to 
go  to  Canada  lor  the  great  bulk  of  fiiiids,  which  were 
to  be  distributed  amongst  these  hired  assassins  tiiaa 
to  attempt  to  carry  il  lurough  our  lines  direct  from 
Kichmond,  immediately  returned  to  Washington,  and 
was  lueseiit  in  this  city,  as  is  proven  by  tiie  testimony 
of  Mr.  Keid,  on  tin  ujn  riiouii.  oj  the  iitli  o/Ajij-il,  the  day 
of  the  assassination,  hooted  and  spurreu,  ready  lor  the 
lliglit  whenever  the  fatal  blow  should  have  been 
struck. 

11  be  was  not  a  conspirator  and  a  party  to  this  great 
crime,  how  comes  il  that  from  that  hour  to  this  no  man 
has  seen  him  in  the  Capital,  nor  has  be  been  reported 
anywhere  outside  of  LaiiaUa,  having  arrived  al  Mou- 
tnal,  as  the  testimony  shows,  on  the  18th  of  April,  fuur 
days  after  the  murder.  JSothing  but  bis  conscious 
cowardly  guilt  could  possib.y  induce  him  to  absent 
himself  from  his  mo  her,  as  he  does,  upon  her  trial. 
Being  one  oi  these  consoirators,  as  charged,  ever.v  act 
ot  his  in  the  iirosec  ition  of  this  ciimeis  evidence 
against  the  other  parties  to  the  conspiracy. 

That  Mary  K.  ISurratt  is  as  guilty  us  her  son  of  hav- 
ing thus  consiiired,  combined  and  confedeiuted  to  do 
this  murder,  ill  aid  ol  this  Itebeliion.  is  clear.  First, 
her  house  was  the  head-quarters  of  Booth,  John  H. 
burratl,  Alzeroth.  Payne  and  Harold,  bhc  is  inquired 
for  by  Atzeroth;  Sue  is  inquired  for  b.v  Payi.e,  and  she 
is  visited  by  Booth,  and  bolus  private  conversations 
with  him.  His  picture,  together  with  that  oi  the  cliief 
conspirator,  Jefierson  Davis,  islound  in  her  house,  bbe 
sends  to  Bnoih  for  a  carriage  to  take  her,  on  the  lltb  of 
April,  to  Kurrattsville,  lor  the  purpose  of  perfecting  the 
arrangement  deemed  necessary  to  the  successiul  exe- 
cution of  the  conspiracy,  and  especially  to  lacilitate 
and  protect  the  conspirators  in  their  escape  from  jus- 


198 


TRIAL   OF   THE   ASSASSINS   AT  WASHIXGTOX. 


tice.  On  that  occasion  Booth,  having  disposed  of  his 
carriage,  gives  to  ihe  agent  slie  eniiJloyetl  ten  dollars 
with  which  to  hire  a  conveyance  for  that  purpose. 

And  yet  the  pretence  is  made  that  Mrs.  Surrait  went 
on  the  llth  toSurrattsville  exclusively  uoon  her  own 
private  and  lawful  husiness.  Can  any  one  tell,  if  that 
be  so,  bow  it  comes  (hat  she  should  apply  to  Booth  lor 
a  conveyance,  and  how  it  comes  that  he,  of  his  own 
accord,  having  no  CL.nvej'ance  to  furnish  her.  should 
send  her  leii  dollars  Willi  which  to  procure  it?  There 
is  not  the  slighest  indication  that  Booth  was  under  any 
obligation  to  her,  or  tliat  .she  had  any  claim  upon  him, 
either  for  a  conveyance  or  fur  the  means  with  which  to 

grocure  one.  except  that  he  was  bound  to  contribute, 
eing  the  agent  of  the  conspirators  in  Canada  and 
Bichmond,  whenever  money  might  be  necessary  to 
the  consummatiou  of  this  infernal  plot.  On  that  day, 
the  llth  of  April,  John  Il.iSurratt  bod  not  returned 
from  C  auada  with  the  funds  furnished  by  Thompson. 

T-'pou  that  journey  of  the  lllh,  the  accused,  Mary  K. 
Surraii,  met  the  witness,  John  M.  lloyd,  atUnion- 
towu.  ir-ue  called  him,  he  got  out  of  his  carriage  and 
came  to  her.  and  she  \Yhispered  to  nim  in  so  Iowa 
lone  that  her  attendant  could  not  hear  her  words, 
though  Fioyd,  to  whom  they  were  spoken,  did  dis- 
tinctly hear  them,  and  lestihes  that  she  told  him  he 
should  have  those  "shooting  irons"  ready,  meaning 
the  carbines  which  her  sou  and  Harold  and  Atzeroth 
had  deposited  with  him,  and  added  the  reason,  "fur 
they  svould  soon  he  called  lor."  On  the  day  of  the  as- 
sassination she  again  sent  lor  Booth,  had  au  interview 
with  him  in  her  own  house,  and  immediately  went 
again  to  iSuirat'LSViile,  and  then,  at  about  B  o'clock  in 
the  aitt-ruoon,  she  delivered  to  Floyd  a  field-glass,  and 
told  him  to  "have  two  butties  of  whisky  and  the  car- 
bines ready,  as  they  would  be  called  for  that  night." 

Having  thus  perfected  the  arrangement,  she  re- 
turned lO  Washington  td  her  own  house,  at  about  half- 
past  eight  oVlocii  in  the  evening  to  await  the  linal  re- 
sult, llow  could  this  woman  anticipate  on  Friday  af- 
ternoon, atsix  o  clock,  that  these  arms  would  be  called 
for  and  would  be  needed  that  night,  unless  she  wa.s  in 
the  conspiracy  audknew  tuatthebluWwasto  bestruck, 
and  the  night  of  the  assassins  attempted,  and  by  that 
route?  Was  not  the  private  conversation  wuich  Bootn 
held  with  her  inher  parlor  on  the  a  ternoon  of  the  14th 
of  April,  jiistbeioresheleitou  this  business,  in  relation 
to  theorders  she  should  give  to  have  the  arms  ready? 

An  endeavor  is  made  to  impeach  Floyd.  But  the 
Court  w  111  observe  that  no  wuncss  has  been  called  who 
contradicts  iloyd'sstatement  in  any  material  manner, 
neither  has  his  general  character  for  truth  been  as- 
sailed. Kuw  then  is  he  impeached  ?  Is  it  claimed  that 
his  testimony  shows  that  he  was  a  party  to  the  con- 
spiracy? Ti^eu  it  is  conceded  by  those  who  set  np  any 
such  pretense  that  there  was  a  conspiracy.  A  conspi- 
racy oeiween  whom?  There  can  be  no  conspiracy 
without  tne  co-operation  or  agreement  ot  two  or  more 
persons.  \s  ho  were  the  other  parties  to  it?  Was  it 
Mary  K.  Surrait?  Was  it  John  H.  teurratt,  George  A. 
Atzeruth.  David  E.  Harold?  These  are  the  onlv  per- 
sons, so  far  us  his  own  testimony  or  the  testimo"nv  of 
any  other  witness  discloses,  with  whom  he  had  "an  v 
communication  whatever  on  an  v  subject  immediately 
or  remulely  tuuching  this  conspiracy  before  the  assas- 
sinatJun.  His  receipt  aud  concealment  ot  the  arms 
are,  uuexplaiueu,  evidence  that  he  was  in  the  conspi- 
racy. 

'lue  explanation  is  that  he  was  dependent  upon 
Mary  i;.  ;_uriatl:  was  her  tenant:  aud  his  declaration 
given  in  evidence  by  the  accused  himself,  is  that  "she 
had  ruined  h,m,  and  brought  this  trouble  upon  him." 
But  because  he  was  weak  enough,  or  wicked  enough, 
to  become  the  guilty  deiiository  of  these  arms,  and  to 
deliver  them  on  the  order  of  Mary  K  Surratt  to  the 
assassins,  it  does  not  Ibllow  tJiat  he  is  not  to  be 
believed  on  oath.  It  is  said  that  he  concealed  the  facts 
that  the  arms  had  been  leit  and  called  lor.  He  so  tes- 
tilies  himsell,  but  he  gives  the  reason  that  he  did  it 
only  Irom  apprehension  of  danger  to  his  life.  If  he 
were  m  the  conspir-icy,  his  general  credit  being 
unchallenged,  his  tesumony  being  unconiradicted  in 
anymaterial-matter,  heis  to  be  believed,  and  cannot 
bedisbelieved.il  his  testimony  is  substantially  corro- 
borated by  other  reliable  witnesses.  Is  he  not  corro- 
borated touching  the  deposit  ot  arms  by  the  fact  that 
the  arms  are  produced  in  Court?  one  of  which  was 
found  upon  ihe  persun  of  Booth  at  the  time  he  was 
overiakeu  and  slam,  and  which  is  identified  as  the 
same  which  had  been  lelt  with  Floyd  by  Harold. 
Burralland  Alzeroih?  Is  he  not  cnrro  .oraied  in  the 
factol  the  hrsi  interview  with  Mrs.  Surratt  by  the 
joint  tesumouy  of  Mrs.  Oflut  and  Lewis  J.  Weich- 
nian.each  oiwiiom  testified,  and  they  are  contradicted 
by  nuoiie,  tuatoa  '1  iiesday,  tiie  llih  day  of  April,  at 
Tjn.out  jwn,  Mrs.  Surratt  calUd  Mr.  Fioyd  to  cume  to 
her,  wuich  he  did,  aud  she  held  a  secret  cun  veisaiiou 
with  luni  ?  i.s  he  not  corroburaled  as  to  the  last  con- 
versation on  the  Hih  of  April  by  the  testimony  of  Mrs. 
OHut,  Who  swears  mat  upon  the  evening  of  tlie  Hth  of 
April  she  saw  the  prisoner,  Mary  Kfeurratt.  at  Floyd's 
house,  approach  and  hold  conversation  with  him?  Is 
he  not  corroborated  in  the  fact  to  which  he  swears, 
that  Mrs.  surratt  delivered  to  him  at  that  time  the 
tield-gla.ss  wrapped  in  paper,  by  the  sworn  statement 
01  Weichmau,  mat  Mr.?.  Horrati  took  with  her  on  tuat 


I  occasion  two  packages,  both  of  which  were  wrapped 
i  in  paper,  and  one  of  which  he  describes  as  a  small 
pacKage,  about  six  inches  in  diameter?  The 
at;empt  was  made  by  calling  Mrs.  Oflut  to  prove 
that  no  such  package  was  delivered  but  It 
failed;  she  merely  states  that  Mrs.  Surratt  delivered 
a  packai^e  wrapped  in  paper  to  her  alter  her  arrival 
there,  and  betbre  Floyd  came  in,  which  was  laid  down 
ill  the  room.  But  whether  it  was  the  package  about 
which  Floyd  tes  ifies,  or  the  other  package  of  ihe  (u)o 
abuut  which  Weicliman  testities.ashavingbeen  carried 
there  that  day  by  Mrs.  Surratt,  does  not  appear.  iS' either 
does  this  witnesspretendtosay  that  Mrs.  touriatt,  alter 
she  had  delivered  it  to  her,  and  the  witness  had  laid  it 
down  in  the  room,  did  not  again  take  it  up.  ii  it  were 
the  same,  and  put  it  in  the  liands  of  Fio.vd.  Sheonly 
knows  that  she  did  not  see  that  done;  biit  shetHdsee 
Floy  I  with  a  package  like  the  one  she  received  in  the 
room  before  Mrs.  Surratt  left.  How  it  came  into  his 
possession  she  is  not  able  to  state:  nor  what  the  pack- 
age was  that  Mrs.  Surratt  lirst  handed  her;  nor  which 
of  the  packages  it  was  she  afterwards  saw  in  the  hands 
ofFloyd. 

Butlhere  is  one  other  fact  in  this  cas&that  puts  for- 
ever at  rest  the  question  ol  the  guilty  participation  of 
the  prisoner,  Mrs.  Surratt,  in  this  conspiracy  and  mur- 
der; and  that  is  that  Payne,  who  had  lodged  four  days 
in  her  liouse;whoduringall  that  time  had  sat  at  her  ta- 
ble, and  who  had  often  conversed  with  her;  when  the 
guilt  of  his  great  crime  was  upon  him.  and  he  knew 
not  where  e;se  he  could  so  salely  go  to  find  a  co-con- 
spirator, and  he  could  trust  none  that  was  not  like 
himself,  guilty,  with  even  the  knowledge  of  his  pre- 
sence: under  cover  of  darkness,  altef  wandering  lor 
three  days  and  nights,  skulking  beiore  the  pursuing 
officers  of  justice,  at  the  hour  of  midnight,  found  his 
way  to  the  dior  of  Mrs.  Surratt,  rang  the  bell,  was  ad- 
mitted, and  upon  being  asked,  "whom  do  you  want  to 
see?"  replied,  "Mrs.  Surratt. "  He  was  then  asked  by 
the  officer,  Morgan,  what  he  came  atthat  time  of  night 
lor?  to  which  he  replied,  "to  dig  a  gutter  in  the  morn- 
ing; Mrs.  Surratt  had  sent  for  him."  Afterwards  he 
said  "Mrs,  surratt  knew  he  was  a  poor  man,  and  came 
tu  him." 

Being  asked  where  he  last  worked,  he  replied, 
"sometimes  on  I"fetreet;"  and  where  he  boarded,  he  re- 
plied, "he  had  no  boarding-house,  and  was  a  poor  man 
who  got  his  living  with  the  jiick."  which  he  bore  upon 
his  shoulder,  having  stolen  it  from  the  intrenchments 
of  the  capital.  TJi^on  being  pressed  again  why  lie 
came  there  at  that  time  of  night  to  go  to  work,  he  an- 
swered that  he  simply  called  to  see  what  time  he 
should  go  to  work  in  the  morning.  Upon  being  told 
by  the  officer  who  fortunately  had  preceded  him  to 
this  house  that  he  would  have  to  go  to  the  Provost 
Marshal's  office,  he  moved  and  did  not  answer,  where- 
upon Mrs.  Surratt  was  asked  to  step  into  the  hall  and 
state  whether  she  knew  this  man.  Kaising  her  right 
hand  she  exclaimed,  "Beiore  God,  sir,  I  have  not  seen 
that  m;in  before:  I  have  not  hired  him;  I  do  u;it  know 
anvthing  about  hira."  The  hall  was  brillianily  lighted. 

If  not  oueword  hatl  been  said,'he  mere  act  olPayne 
in  flying  to  her  house  lor  shelter  would  have  borne 
witness  against  her  strong  as  proofs  irom  Holy  Writ. 
But  when  she  denies,  alter  hearing  his  declarations 
that  she  had  sent  lor  him,  or  that  she  had  gone  to  him 
and  hired  him,  and  calls  her  God  to  witness  that  she 
had  never  seen  him,  and  knew  nothing  of  him.  when, 
in  pointof  fact,  she  had  seen  him  lor  four  successive 
davs  in  her  own  house,  in  the  same  clothing  which  he 
then  wore,  who  can  resist  for  a  moment  the  conclusion 
that  these  parties  were  alikeKUilty? 

The  testimony  of  Spangler's  complicity  is  conclusive 
and  brief.  It  was  impossible  to  hope  for  escape  after 
assassinating  the  President,  and  such  others  as  might 
attend  him  in  Ford's  Theatre,  without  arrangements 
being  first  made  to  aid  the  flight  of  the  assassin,  aud 
to  some  e.xtent  prevent  immediate  pursuit. 

A  stable  was  to  be  provided  close  to  Ford's  Theatre, 
in  which  the  horses  could  be  concealed  aud  kept  ready 
for  the  assassin's  use  whenever  the  murderous  blow 
was  struck.  Accordingly,  Booth  secretly,  through 
Maddox,  hired  a  stable  in  rear  of  the  theatre  and  con- 
necting with  it  by  a*  allej-,  as  early  as  the  1st  of  Janu- 
ary last;  showing  that  at  that  time  he  had  concluded, 
notwithstanding  all  that  has  been  said  to  the  contrary, 
to  murder  the  President  in  Ford's  Theatre  and  pro- 
vide the  means  for  immediate  and  successful  flight. 
Conscious  of  his  guilt  he  paid  the  reut  lor  this  stable 
through  Maddox,  month  by  month, giving  him  the 
money.  He  employed  Spangler,  doubtless  for  the  rea- 
son tliat  he  could  trust  him  with  the  secret,  as  a  car- 
penter to  Ut  up  this  shed,  so  that  it  would  furnish  room 
for  two  horses  and  provided  the  door  with  lock  and 
key.  Spangler  did  this  work  lor  him.  Then  it  was 
necessary  that  a  carpenter,  having  access  to  the  thea- 
tre, should  be  employed  by  the  assassin  to  provide  a 
bar  for  the  outer  door  of  the  passage  leading  to  the 
Presidents  bo.\.  so  that  when  he  entered  unou  his 
work  of  assassination,  he  would  be  secure  froui  iuter- 
ruption  from  the  rear. 

By  the  evidence,  it  is  shown  that  Spangler  was  in  the 
bo.x'iu  which  the  President  was  murdered  on  thealter- 
noon  of  the  llth  of  April,  and  when  there  damned  the 
President  and  General  Grant,  and  said  the  President 
ought  to  be  cursed,  he  had  got  so  many  good  men 


TRIAL   OF   THE   ASSASSINS  AT  WASHINGTON. 


199 


killed;  showing  not  only  liis  hostility  to  the  President' 
but  the  cause  <fit,  that  he  Inid  been  failhlul  to  his  oath 
and  had  resisted  that  great  Rebellion  in  tlie  interest  of 
which  his  lite  was  about  to  bo  sacriliced  by  this  man 
and  his  co-conspirators.  In  peribrming  the  work 
•\vliich  had  doubtless  been  intrusted  to  him  by  Booth, 
a  mortice  wis  cut  in  tlie  wall.  A  woo<len  bar  "was  pre- 
pared, one  end  of  whicu  could  be  readily  inserted  in 
the  mortice  and  the  otlier  pressed  agai:  stthe  edge  of 
tiie  door  on  tlie  inside  so  as  to  pre  vent  its  being  opened. 
Bpanglcr  had  the  sliill  and  opportunity  to  do  that  work 
and  all  the  additional  work  that  was  to  bodone. 

It  is  in  evidence  that  the  screws  in  "the  keepers"  to 
the  locks  on  each  of  the  iuiier  doors  of  the  box  occu- 
pied by  the  President  were  drawn.  The  attempt  has 
been  made,  on  behalf  of  the  prisoner,  to  show  that  this 
was  done  some  time  before,  accidentally,  and  witli  no 
bad  design,  and  had  notbeen  repaired  by  reason  of  in- 
advertence; but  that  attempt  has  utterly  failed,  be- 
cause the  testimony  adduced  for  that  purpose  reiates 
exclusively  to  but  one  of  the  two  inner  doors,  while 
the  fact  is,  that  the  screws  were  drawn  in  botli,  and  tlie 
additional  precaution  taken  tocut  astuall  hole  through 
one  ot  these  doors  through  which  the  party  approach- 
ing and  vvhile  iu  the  private  passage  would  be  enabled 
to  look  into  the  box  and  examine  the  exact  posture  of 
the  President  before  entering.  It  was  also  deemed  es- 
seutial,  in  the  execution  ot  this  plot,  thatsomeone 
should  watch  at  the  outer  door,  in  the  rear  of  the  the- 
atre, by  which  alone  the  assassin  couM  hope  for  es- 
cape. It  was  for  this  work  Booth  sought  to  employ 
Chester  in  Januarj',  ofTeringif.ioOO  down  of  the  money 
of  his  employers,  and  the  assurance  that  he  should 
never  want. 

What  ;chester  refused  to  do  Spangler  undertook 
and  promised  to  do.  When  Booth  brought  his  horse 
to  the  rear  door  of  the  theatre,  on  the  evening  of  the 
murder,  he  called  lor  Sjpangler,  who  went  to  him, 
when  Booth  was  heard  to  say  to  him.  "Ned,  you'll 
help  me  all  you  can,  won't  you."  To  which  Spacgler 
replied,  "Oh,  yes."    • 

When  Booth  made  hia  e-scape.  it  is  testified  by  Col. 
Htewart,  who  pursued  him  across  the  stage  and  out 
through  the  same  door,  that  as  he  approached  it  some 
cue  siammed  it  shut.  Ritterspaugh,  who  was  stand- 
ing behnid  the  scenes  when  Booth  llred  the  pistol 
and  lied,  saw  Booth  run  down  the  passage  toward  the 
back  door,  and  pursued  him:  but  Booth  drew  his  knile 
upon  him  and  passed  out,  slamming  the  door  after 
him.  Ritterspaugh  opened  it  and  went  through, 
leaving  itoprn  behind  him,  leaving  Spangler  inside, 
and  in  a  position  from  which  he  readily  could  have 
reached  the  door.  Ritterspaugh  also  states  tiiat  very 
quictily  alter  he  had  passed  through  this  door  he 
was  followed  by  a  large  man.  the  first  who  followed 
him,  and  who  was,  doubtless.  Colonel  Stewart.  Stew- 
art is  very  positive  that  he  saw  this  door  slamuied: 
that  he  himself  was  constrained  to  open  it,  aud  had 
some  diUiculty  iu  opening  it. 

He  also  testifies  that  as  he  approached  the  door  a 
man  stood  near  enough  to  have  thrown  it  to  with  his 
hand,  aud  this  man,  the  witness  believes,  was  the  pri- 
soner Spangler.  Ritterspaugh  has  sworn  that  he  left 
the  door  open  behind  him  when  he  went  out,  and  that, 
he  was  followed  by  tiie  large  man.  Colonel  Stewart. 
Who  slammed  that  door  behind  Ritterspaugh  '?  It  was 
not  Ritterspaugh;  it  could  not  have  been  Booth,  for 
RittersiJaugh  swears  that  Booth  was  mounting  his 
horse  at  the  time,  and  Stewart  swears  that  Booth  was 
upon  his  horse  when  became  out.  That  it  was  Span- 
gler who  slammed  the  door  alter  Ritterspaugh  may 
not  only  be  inferred  from  Stewart's  testimonv,  but  It 
is  made  very  clear  by  his  own  conduct  alterward  upon 
the  return  of  RiiterspaugJi  to  the  stage.  The  door 
being  then  open  and  Ritterspaugh  beiug  asked  which 
way  Booth  went,  had  answered.  Ritterspaugh  says: 
"  Then  1  came  back  on  the  stage,  where  1  had  left  Kd- 
ward  Spangler:  he  hit  me  on  the  lace  with  his  hand, 
and  said. 'Uon't  say  which  way  he  went.'  I  asked 
him  what  he  meant  by  slapping  me  iu  the  mouth'?  lie 
said, '  i'or  Cod's  sake,  shut  up.'  " 

The  testimony  of  Withers  is  adroitly  handled  to 
throw  doubt  upon  these  facts.  It  cannot  avail,  for 
Witncrssays  he  was  knocked  in  the  scene  by  Booth, 
and  when  he  "come  to"  ho  got  a  siide  view  of  him.  A 
man  knocked  down  and  senseless,  on  "coming  to" 
might  mistake  anybody  by  a  side  view,  for  Booth. 

An  attempt  has  been  made  by  the  defense  to  dis- 
credit this  testimony  of  Ritterspaugh,  by  showing  his 
contradictory  statements  to  Giflbrd,  Carlan  aud  Lamb, 
neither  of  whom  do  in  fact  contradict  him,  but  sub- 
stantially sustain  him.  None  but  a  guilty  man  would 
have  met  the  witness  with  a  blow  lor  s'tating  which 
way  the  assassin  had  gone.  Alike  confession  of  guilt 
was  made  by  Sijangler  when  the  witness.  Miles,  the 
same  evening,  and  directly  after  the  a.ssassination, 
came  to  the  back  door,  whero  Spangler  was  standing 
with  others,  and  asked Sjiangler  who  it  wa«  that  held 
the  horse,  to  which  Spangler  replied:— "Hush;  don't 
say  anything  about  it."  He  contessed  his  guilt  again 
when  he  denied  to  Mary  Anderson  the  fact,  proved 
here  beyond  all  question,  that  Booth  had  called  him 
v,rhen  he  came  to  that  door  with  his  horse,  using  the 
emphatic  words,  "No,  he  did  not;  he  did  not  call  me." 
The  rope  comes  to  bear  witness  against  him,  as  did 
the  rope  which  AtzerotU  and  Harold  and  John  H.  Sur- 


ratt  had  carried   to  Surrattsville  aud  deposited  there 
with  the  carbines. 

It  is  oaily  surprising  that  the  ingenious  counsel  did 
not  attempt  to  explain  the  deiiosiiof  llie  rope  at  Sur- 
rattsville by  the  same  method  ihat  Ik;  adopieil  in  ex- 
planation of  the  deposit  of  this  rope,  some  sixty  feet 
long,  found  in  the  car)H't-sack  of  Spangler  unac- 
counted for  save  by  some  evid 'nee  wliicii  tends  to 
show  that  he  may  have  carried  it  away  from  the 
theatre. 

It  is  not  needful  to  take  time  in  the  recapitulation  of 
the  evidence,  which  shows  couclusiveiy  that  JJavid  K 
Harold  was  one  of  these  conspirators,    Jlis  continued 
association  with  Booth,  with  At^eroth,  his  visits  to 
Mrs.  Surratl's,    his   attendance   at   the   theatre  with    ' 
Payne,  Surratt  and  Atzeroih,  his  connection  with  At- 
zeroth  on  the  evening  of  the  murder,  riding  wiiii  hiiu 
on  the  street  in  theu'reotioii  ofaiid  near  to  lii-^  theatre 
at  the  hour  appointed  (or  the  work  of  assassination 
and  his  final  llight  and  arrest,  show  that  he.  m  com- 
mon with   all   the   other  parties  on  trial,  and  all  the 
parties  named  upon  your   record    not   upon  trial   had 
combined  aud  con  ederated  to  kill  and  murder  in  the 
intere<tsor  the  Rebellion,  as   charged   aud   specified 
against  them. 

That  this  eonspiracy  was  entered  into  by  all  these 
parlies,  both  ijresent  and  absent,  is  thus  jiroved  by  the 
acts,  meetings,  declarations  and  correspondence  of  all 
the  parties,  beyond  any  doubt  whatever.  True  it  is 
circumstantial  evidence,  but  the  Court  will  remember 
the  rule  before  recited  that  circumstances  cannot  lie; 
that  they  are  held  suiiicient  in  every  court  where  jus- 
tice is  judiciously  administered  to  establish  the  fact  of 
a  conspiracy. 

1  shall  take  no  further  notice  of  the  remark  made  by 
the  learned  counsel  who  opened  ior  the  deiense,  anil 
which  has  been  lOllovved  by  several  of  his  associates, 
that,  under  the  Constitution,  it  requires  two  witnesses 
to  prove  the  overt  act  ot  high  treason,  than  to  say,  this 
is  not  achargeofhi^jh  trea.on,biit  ola  Ireasonablecou- 
spiracy,  iu  aid  of  a  rebellion,  with  intent  to  kill  and 
murder  the  Kxecutive  oUicer  of  the  United  states,  and 
commander  of  its  armies,  ami  of  the  murder  of  the 
President  in  pursuance  of  that  conspiracy,  and  with 
the  intent  laid.  etc.  Neither  by  the  Constitution,  nor 
by  the  rules  of  the  common  law,  is  any  lact  connected 
with  this  allegatiou  required  to  be  euablished  by  the 
testimony  of  more  than  one  witness.  I  might  say, 
however,  that  every  substantive  averment  against 
eachof  the  parties  named  u])on  this  record  has  been 
established  by  the  testimony  of  more  than  one  wit- 
ness. 

That  the  several  accused  did  enter  into  this  con- 
spiracy with  John  Wilkes  Booth  and  John  H.  Surratt 
to  murder  the  officers  ot  this  Covernmeut,  named  upon 
the  record,  in  pursuance  of  the  wishes  ot  their  em- 
ployers and  instigators  in  Richmond  and  Canada,  and 
wilh  intent  thereby  to  aid  the  existing  Rebellion,  and 
subvert  the  Constitution  and  lawsot  toe  United  Stales, 
as  alleged,  is  no  longer  an  oijen  question. 

The  intent  as  said,  was  expressly  declared  bj'  San- 
ders in  the  meeting  ot  the  conspirators  at  jMoiitreal,  in 
February  last;  by  Booth  in  Virginiaaiid  New  Vork,  and 
by  Thompson  toConoverand  JMonlgoinery;  hunt  there 
were  no  testimony  directly  tqiou  ihis  poiiii,  the  law 
would  presume  the  intent,  lor  tne  reason  that  .such  was 
the  natural  and  necessary  tendency  and  manliest  de- 
sign of  the  act  itself. 

The  learned  gentleman  (Mr.  Johnson)  says  the  Go- 
vernment has  survived  the  assassination  of  the  Pre- 
sident, and  thereby  would  have  you  inier  that  this 
conspiracy  was  not  entered  into  and  atlenipted  to 
be  executed  with  the  intent  laid.  W  ith  as  much  show 
ot  reason  it  might  be  said  thai  because  the  Covern- 
meut of  the  United  States  has  survived  this  unmatched 
Rebellion,  it  therefore  results  thatthe  Rebel  conspira- 
tors waged  war  upon  the  ( iovernment  witli  no  purpose 
or  intent  thereby  to  subvert  it.  By  the  law  we  have 
seen  that  without  any  direct  evidenceof  previous  com- 
bination aud  agreement  between  these  parties,  the 
conspiracy  might  be  established  by  evidenceof  the 
acts  of  the  prisoners,  or  of  any  others  with  whom  they 
co-operated,  concurring  in  the  execution  of  the  com- 
mondesign.    tUoscoe,  4i<j.) 

Was  there  co-operation  between  the  several  accused 
in  the  execution  of  this  conspiracy?  '1  hat  there  was  is 
as  clearly  established  by  the  testimony  as  is  the  lacO 
that  Abraham  Lincoln  was  killed  and  murdered  by 
John  Wilkes  Booth.  The  evidence  shows  that  all  of 
the  accused,  save  Mudd  and  Arnold,  were  in  Washing- 
ton on  the  Hth  of  April,  the  day  ol  the  assassination, 
together  with  John  Wilues  Booth  and  John  II.  Surratt; 
that  on  that  day  Booth  had  a  secret  interview  with  the 
prisoner.  Mary  K.  Surratt;  that  immediately  there- 
after she  went  to  Surrattsville  to  jjeriorm  her  part  of 
the  preparation  necessary  to  the  successful  execution 
of  the  conspiracy,  and  did  make  that  preparation:  that 
John  II.  Surratt  had  arrived  herefrom  Canada, notify- 
ing the  parties  that  the  price  to  be  paid  lor  thi.s  great 
crime  had  been  provided  lor.  at  least  in  pari,  by  the 
dciio.sit  receiuls  of  April  tj,  for  fiso.noii,  luocurod  by 
Thompson,  of  the  Ontario  Bank,  Montreal,  tlanada; 
that  he  was  also  preiiared  to  keep  watch,  or  strike  a 
blow,  and  ready  for  the  contemplated  Uight;  thai  At- 
zeroih on  the  afternoon  of  that  day,  wa-s  seeking  lo 
obtain  a  borve,  the  better  to  secure  iiis  own  saiety  by 


200 


TRIAL    OF   TEE   ASSASSIXS   AT  WASHINGTOX. 


fli<jl]t  after  he  should  have  performed  the  ta=k  which 
lie  had  voluniarily  uiiacrciik.  n,  bv  ci/iitraoi.  in  tlje 
conspiracy— the  murder  of  Andrew  Johnson,  then  Vice 
President  oi  the  United  Slale.-i;  that  he  did  ])rociire  a 
horse  lor  that  inirpose  at  Naylor's.  and  was  seen,  aiauut 
Dine  o'clock  in  the  eveninj:;,  to  ride  to  tlie  Kirkwood 
House,  wliere  the  Vice  I're.sident  then  wa.s.  dismount 
and  enter. 

At  a  previous  hour  Booth  was  in  the  Kirkwood 
House;  and  lelt  his  curd,  now  in  evidence,  doubiless 
intended  to  be  sent  to  tlie  room  of  tlie  Vice  President, 
and  was  in  thi  se  words  :  "  Uon't  wish  to  disturb  J'ou. 
Are  you  at  liome?  J.  Wdkes  Booth."  Atzerolh, 
when  he  made  application  at  Brooks'  in  theaiternoon 
for  the  horse,  said  to  Weicliman.  who  was  there,  he 
was  going  to  ride  in  the  country,  and  that  "  he  was  go- 
ingto  get  a  lior>eand  send  for  Payne."  ile  did  get  a 
horse  lor  Payne,  as  well  as  for  himself;  for  it  is  proven 
that  on  the  12th  he  was  seen  in  Wasliingtoij,  riding  the 
horse  which.had  been  procured  by  Booth,  in  company 
with  Mudd.  last  Ivovember.  from  Gardner.  A  similar 
horse  was  tied  before  the  door  of  Mr.  .Seward  on  the 
night  of  the  murder,  was  captured  after  tlie  flight  ol 
Payne,  who  was  seen  to  ride  away,  and  which  horse  is 
now  identilied  asthe  Gardner  horse.  Booth  also  pro- 
cured a  horse  on  the  same  day,  took  it  to  his  stable  in 
the  rear  of  the  theatre,  where  he  had  an  interview 
with  Spangler,  and  where  he  concealed  it.  Harold, 
too,  obtained  a  horse  in  tlie  afternoon,  and  was  seen 
between  nine  and  ten  o'clock,  riding  withAtzeroth 
down  the  Avenue  from  the  Treasury,  then  up  Four- 
teenth and  down  1''  street,  passing  close  by  Ford's 
Tneatre. 

O'Laughlin  had  come  to  'Washington  the  day  before, 
had  sought  out  his  victim  (General  Grant)  at  the 
house  of  the  Secretary  of  War,  uiat  he  might  be  able 
with  certainty  to  identily  him,  and  at  the  very  liour 
when  these  preparations  were  going  on,  was  lying  in 
wait  at  Kullmaus,  on  the  Avenue,  keeping  watch, and 
declaring,  as  he  did  at  about  ten  o'clock  P.  M.,when 
told  that  the  fatal  blow  had  be  n  stru -k  by  Booth,  "I 
don't  believe  Booth  did  it."  During  the  daj-,  and  the 
night  before,  he  had  been  visiting  Booth,  and  doubt- 
less encouraging  hiiii,aud  at  that  very  hour  was  inpo- 
sition,  at  a  convenient  distance,  "to  aid  and  protect 
him  in  his  flight,  as  well  as  to  execute  his  own  part  of 
the  conspiracy  by  inflicting  death  upon  General 
Grant,  who  happily  was  not  at  the  theatre  nor  in 
the  city,  having  lelt  the  city  that  day.  Who  doubts 
that  Booth,  having  ascertained  in  the  course  of  the 
day  that  General  Grant  could  not  be  present  at  the 
theatre,  0'J.,aughlin,  who  was  to  murder  General 
Grant,  instead  of  entering  the  box  vvith  Booth,  was 
detailed  to  lie  in  wait,  and  watch  and  support  him. 
His  declarations  of  his  reasons  for  changing  his  lodg- 
ings here  and  in  Baltimore,  after  the  murder,  so  ably 
and  so  ingeinousl.v  presented  in  the  argument  ot  his 
learned  counsel  (Mr.  Cox),  avail  nothing  before  the 
blasting  fact,  that  he  did  change  his  lodgings,  and  de- 
clared "he  knew  iiotliing  ot  the  affair  whatever." 
O'Laughiin.  who  lurked  here,  conspiring  dady  with 
Booth  and  Arnold  for  six  weeks  to  do  this  murder,  de- 
clares "  he  knew  nothing  of  the  aflair.''  O'Laughiin, 
who  savs  he  was  'in  the  oil  business."  which  Booth 
and  Surratt,  and  Payne  and  Arnold,  have  all  declared 
meant  this  conspiracy,  savs  "  he  knew  nothing  of  the 
art'air."  OJLaughlin.io  whom  B'lOth  sent  the  despatches 
of  the  lath  and  27ih  of  March;  O'Laughiin,  who  is 
named  in  Arnold's  letter  as  one  of  the  consi^irators, 
and  who  searched  for  General  Grant  on  Thursday 
night,  laid  in  wait  for  him  on  I'riday,  was  deleated  by 
that  Providence  '■  which  shapes  our  ends."  and  laid  i;i 
wait  to  aid  Booth  and  Payne,  declares  "he  knew  no- 
thing of  the  matter."  Such  a  denial  is  as  false  and  in- 
excusable as  Peter's  denial  of  our  Lord. 

Mrs.  Surratt  had  arrived  at  home  from  the  comple- 
tion of  her  part  of  the  plot,  about  half-past  ei-jrht 
o'clock  in  the  evening.  A  few  moments  afte  wards 
she  was  called  to  the  parlor,  and  there  had  a  private 
interview  with  some  one  unseen,  but  whose  retreating 
footsteps  were  heard  by  the  witness  Weicnman.  Tiiis 
was  doubtless  the  secret  and  last  visit  of  John  H.  Sur- 
ratt to  his  mother,  who  had  instigated  and  eneouraced 
him  to  strike  this  traitorous  and  murderous  blow 
against  liis  country. 

While  these  preparations  were  going  on.  Dr.  Mudd 
was  awaiting  the  execution  of  the  plot,  ready  faith- 
fully to  perioral  his  part  in  securing  the  safe  escape  of 
the  murderer.  Arnold  was  at  his  post  at  Fortress 
Monroe,  awaiting  the  meeting  referred  to  in  his  letter 
of  March  27th,  wherein  he  says  tliey  were  not  to  "meet 
for  a  month  or  so,  which  month  had  more  than  ex- 
pired on  the  c'.ay  of  the  murder,  lor  his  letter  and  the 
testimony  disclose  that  this  month  of  suspension  be- 
gan to  run  Irom  about  the  first  week  in  March. 

He  stood  ready  with  the  arms  which  Booth  had  fur- 
nished him  to  aid  the  escape  of  the  murderers  by  t/ujt 
route,  and  secure  their  communication  with  their  em- 
ployers. He  had  given  the  assurance  in  that  letter 
to  Booth,  that,  although  the  Government  "suspi- 
cioned  them"  and  the  undertaking  was  "becoming 
complicated,"  yet  "a  time  more  propitious  would 
arrive"  for  the  consummation  of  this  conspirac.v,  in 
which  he  "was  one"  with  Booih,  and  when  he  would 
'be  better  prepared  to  again  be  with  him." 
Such  were  the  preparations.    The  horses  were  in 


readiness  for  the  flight:  the  ropes  wero  procured,  doubt- 
less for  the  purpose  of  tying  the  horses  at  whatever 
point  tlie.v  might  be  co. strained  to  ilelay  and  secure 
their  boats  to  their  moorings  in  making  their  way 
acioss  the  I'otomac.  TlieUve  murderous  camp-knives, 
the  two  caib  lies,  the  eight  revolvers,  the  Derringi>r,  iri 
Court  and  identilied,  all  were  ready  lor  the  work  of 
death.  The  part  that  each  had  played  has  already 
been  in  part  stated  in  this  argument,  and  needs  no 
repetition. 

Booth  proceeded  to  the  theatre  about  rine  o'clock 
in  the  evening,  at  the  same  lime  that  Atzeroth,  and 
Payne  and  Harold  were  riding  the  streets,  while  .Sur- 
ratt, liaving  parted  with  his  mother  at  the  brief  inter- 
view in  her  parlor,  Irom  which  his  retreating  steps 
were  heard,  was  walking  the  Avenue,  booted  and 
spurred,  and  doubtless  consulting  with  O'Laughiin. 
When  Booth  reached  the  rear  of  the  theatre,  he  called 
Spangler  to  him  (whose  denial  of  that  fact,  when 
charged  with  it,  as  proveti  by  three  witnesses,  is  very 
signiricanti,  and  received  from  .Spangler  his  pledge  to 
help  him  all  he  could,  when  with  Booth  he  entered 
the  theatre  by  the  stage  door,  doubtless  to  see  that  the 
way  was  clear  from  the  box  to  the  rear  door  of  the 
theatre,  and  look  upon  their  victim,  whose  e.xact  po- 
sition the.v  could  stud.v  from  the  stage.  After  this 
view  Booth  passes  to  the  street,  in  front  of  the  theatre, 
whereon  the  pavement,  with  other  conspirators  yet 
unknown— among  them  one  described  as  a  low- 
browed villain— he  awaits  the  appointed  moment. 
Booth  himself,  impatient,  enters  the  vestibule  of  the 
theatre  from  the  front,  and  asks  the  time.  He  is  re- 
ferred to  the  clock,  and  returns.  Present!)',  as  the 
hour  often  o'clock  approached,  one  of  his  guiltj'  a,sso- 
ciates  called  the  lime;  the.v  wait:  again,  as  the  mo- 
ments elapsed,  this  conspirator  upon  watch  called  the 
time;  again,  as  the  appointed  hour  draws  nigh,  he  calls 
the  time:  and  finally,  when  the  fatal  moment  arrives, 
he  repeats  in  a  louder  tone,  "Ten  minutes  past  ten 
o'clock."  Ten  minutes  past  ten  o'clock!  The  hour 
has  come  when  the  red  right  hand  of  these  murderous 
conspirators  should  strike,  and  the  dreadful  deed  of 
assassination  be  done. 

Booth,  at  the  appointed  moment,  entered  the  thea- 
tre, ascended  to  the  dress  circle,  passed  to  the  right, 
paused  a  moment,  looking  down,  doubtless  to  see  if 
Spangler  was  at  his  post,  and  approached  the  outer 
door  of  the  close  passage  leadin  to  the  box  occupied 
by  the  President;  pressed  it  open,  passed  in,  and  closed 
the  passage  door  behind  him.  .Spangler's  bar  was  In 
its  place,  and  wiis  readily  adjusted  bj'  Booth  in  the 
mortice,  and  pressed  against  the  inner  side  of  the  door 
so  that  lie  was  secure  from  interruption  from  without' 
He  passes  on  to  the  next  door,  immediately  behind  the 
President,  and  there  stopping,  looks  through  the  aper- 
ture in  the  door  into  the  President's  box,  and  delibe- 
rately observ- est  he  precise  posit  ion  ofhis  victim,  seated 
in  the  chair  which  had  been  prepared  b.y  the  conspira- 
tors as  the  altar  for  the  sacrifice,  looking  calmlv  and 
quietly  down  upon  the  glad  and  grateful  people, 
whom,  by  his  fidelity,  he  had  saved  from  the 
peril  which  had  threatened  the  destruction 
of  their  Government,  and  all  they  held 
dear  ths  side  of  the  gr.ave,  and  whom  he  had 
come  upon  invitation  to  greet  with  his  presence,  with 
the  words  sti;i  lingering  upon  his  lips  which  he  had 
uttered  with  uncovered  head  and  uplifted  hand  bolore 
God  and  his  country,  when  on  the  4th  of  last  March  he 
took  again  tiieoath  to  preserve,  protect,  and  defend  the 
Consli'.ution.  declaring  that  he  entered  upon  the  duties 
of  his  great  oiUce  "with  malice  toward  none,  with 
charity  ;or  all."  In  a  moment  more,  strengthened  by 
the  knowledge  that  his  co-conspirators  wore  all  at  their 
posts,  seven  at  li'ast  of  them  present  in  the  city,  two  of 
them,  Mudd  and  Arnold,  at  their  appointed  places, 
watching  ibr  his  coming,  this  hired  assassin  moves 
stealthily  through  the  door,  the  fastenings  of  which 
had  been  removed  to  facilitate  his  entrance,  fires  upon 
his  victim,  and  the  martyr  spirit  ot  Abraham  Lincoln 
ascends  to  God. 

Treason  has  done  his  worst;  nor  steel,  nor  poison, 

Jlalice  domestic,  loroign  lev)',  nothing 
Can  touch  him  further. 

At  the  same  hour,  when  these  accused  and  their  co- 
conspirators in  Richmond  and  Canada,  by  the  hand 
of  John  Wilkes  Booth  inflicted  this  mortal  wound 
which  deprived  the  liepublic  of  its  defender,  andlilled 
this  land  from  ocean  to  ocean  with  a  strange,  great 
S'trrow,  Payne,  a  ver.v  demon  in  human  form,  with  the 
words  of  falsehood  upon  his  liiis,  that  he  wai  the 
bearer  of  a  message  from  the  physician  of  tne  venera- 
ble Secretary  of  State,  sweeps  by  his  servant,  encuun- 
ters  his  son,  who  protests  that  the  assassin,  shall  not 
disturb  his  father,  prostrate  on  a  bed  of  sickness,  and 
receives  for  answer  the  a-ssassin's  blow  from  tie  re- 
volver in  his  hand,  rejieated  again  and  again,  rusl  e^ 
into  the  room,  is  encountered  by  MajorSeward,  inllicia 
wound  after  wound  ujion  him  with  his  murderous 
knife,  is  encountered  b.v  Hansel!  and  Robinson,  each 
of  whom  he  also  wounds,  springs  upon  the  defenseless 
and  feeble  Secretary  of  State,  stabs  first  on  one  side  of 
his  throat,  then  on  the  other,  again  in  the  face,  and  is 
only  prevented  from  literally  hacking  out  his  life  by 
the  persistence  and  courage  of  the  attendant  Robinson. 
He  turns  to  tlee,  and  his  giant  arm  and  murderous 


TRIAL   OF   THE   ASSASSIN^  AT  WASHINGTON. 


201 


hand  for  a  moment  paralyzed  by  the  consciousness  of 
gui.t.  be  dro|i.s  his  weapons  of  death,  one  in  the  house.  : 
t:ie  other  at  the  door,  where  they  were  takea  up.  and 
ari'  here  now  to  bear  witness  against  him.  He  at-  • 
tempts  escape  on  the  liorse  which  Booth  and  Muddliad 
procured  of  Uarduer,  with  what  success  has  already 
been  stated. 

Atzeroth,  near  midnight,  returns  to  the  stable  of 
Kaylor  the  liorse  whicli  lie  liad  procured  for  this 
worli  of  murder,  having  been  interrnptcti  in  the  exe- 
cution of  tlie  part  assigned  liim  at  the  Kirlvwood 
Hojse  by  the  timely  coming  of  citizens  to  tlie  delense 
of  the  Vice-President,  and  creeps  into  tliePennsyvania 
Houseat  2  o'clocU  in  the  morning  with  another  of  tlie 
conspirators,  yet  unknown.  There  he  remained  nniil 
5  o'clociv,  when  he  lelt,  loiind  his  way  to  Georgetown, 
pawned  one  of  his  revolvers,  now  in  Court,  and  tied 
northward  into  Jlaryland. 

He  is  traced  to  Montgomery  county,  to  the  house  of 
Mr.  Meiz,  on  the  Sunday  succeeding  the  murder, 
where,  as  is  proved  by  tlie  testimmiy  of  three  wit- 
nesses, he  said  that  if  the  man  that  w:is  to  follow 
General  Grant  had  Jollowed  him,  it  was  likely  that 
Grant  was  shot.  To  one  of  these  witnesses  (Mr,  Lay- 
niaiDhesaid  he  did  not'think  Grant  had  been  kiUed: 
or  if  he  had  been  killed  he  was  killed  by  a  man  who 
got  on^he  cars  at  the  .same  time  that  t!rant  did;  thus 
aisclosing  most;  clearly  that  one  of  his  cj-cunspirators 
was  assigned  ilie  task  of  killing  and  murdering  Gene- 
ral Grant,  and  that  Atzeroth  knew  that  General  Grant 
had  lelt  the  city  of  Washington,  a  fact  which  is  not 
disputed,  on  the  Friday  evening  of  the  murder,  by  the 
evening  train.  Thus  this  intended  victim  of  tlie  con- 
spiracy escajied.  for  that  night,  the  knives  and  revol- 
ver tof  Atzeroth,  and  O'Laughiin,  and  Payne,  and 
Harold.,  and  Booth,  and  John  H.  Surratt,  and,  per- 
chance, Hurpcr  and  Caldwell,  and  twenty  others  who 
were  then  here  lymg  in  wait  for  his  life. 

In  the  meantime,  Booth  andilarold,  takingthe  route 
beJore  agreed  upon,  make  directly  after  the  assassina- 
tion for  the  Anacostia  bridge.  Booth  crosses  lirst, 
gives  his  name,  passes  the  guard,  and  is  speedily  Ibl- 
lowed  by  Harold.  They  make  their  way  directlj'  to 
Kurrattsville,  where  Harold  calls  to  Lloyd,  "Bring 
out  those  things,"  showing  that  there  had  "been  com- 
munication between  them  and  Mrs.  Surratt  alter  her 
return.  Both  the  carbines  being  in  readiness,  accord- 
ing to  Mary  K.  Surratt's  directions,  both  were  brought 
out.  Theytook  but  one:  Booth  declined  to  carrv  the 
other,  saying  that  his  limb  was  broken.  They  then  de- 
c  ared  that  they  had  murdered  the  President  and  the 
Secretary  of  State.  They  then  made  their  wavdirectlv 
to  the  house  of  the  prisoner  Mudd,  assured 'of  saiety 
and  security.  They  arrived  early  in  the  morning  be- 
fore day.  and  no  man  knows  at  what  hour  they  left. 
Harold  rode  toward  Bryantown  with  Mudd  about 
three  o'clock  that  al'ternoon,  in  the  vicinity  of  which 
place  he  parted  with  him,  remaining  in  the  swamp, 
and  was  afterward  seen  returning  the  same  afternoon 
in  the  direction  of  Mudd's  house;  about  which  time,  a 
little  be  lore  sundown,  Mudd  returned  from  Bryantown 
toward  his  home. 

Thi^  village  at  the  time  Mudd  was  In  it  was  thronged 
with  soldiers  in  pursuit  of  the  murderers  of  the  Presi- 
dimt,  and  although  great  care  has  been  taken  by  the 
defease  to  deny  that  any  one  said  in  the  presence  of 
Dr.  Mudd,  either  there  or  elsewhere  on  that  day,  who 
had  committed  the  crime,  yet  it  is  in  evidence  bv  two 
witnesses  whose  truthfulness  no  man  questions",  that 
upon  Mudd's  return  to  his  own  house,  that  af  ernoon, 
hestatedthat  Booth  was  the  murderc  of  the  Presi- 
dent, and  Boyle  the  murderer  of  Secretary  Seward,  but 
took  care  to  make  the  further  remark,  that  Booth  had 
brothers,  and  he  did  not  know  which  oftheni  had  done 
the  act.  When  did  j;r.  Mudd  learn  that  Booth  had 
brothers?  And  what  is  still  more  pertinent  to  this  in- 
quiry, from  whom  did  helearnthateitherJohnWilkes 
Booth  or  any  of  his  brothers  had  murdered  the  Presi- 
dent? It  is  clear  that  Booth  remained  in  his  house 
until  sometime  inthc  afjernoon  of  Saturday;  that  Ha- 
rold lelt  the  house  alone,  as  one  of  the  witnessesstates' 
being  seen  to  pass  the  window;  that  he  alone  of  these 
two  a;isassins  was  in  the  company  of  Dr.  Mudd  on  his 
way  to  Bryantown.  It  does  not  appear  when  Harold 
returned  to  iludd's  house.  It  is  a  confession  of  Dr. 
Mudd  himself,  proven  by  one  of  the  witnesses,  that 
Booth  left  his  house  on  crutches,  and  went  in  the  di- 
rection of  the  swamp. 

How  long  he  remained  there,  and  what  became  of 
the  horses  which  Booth  and  Harold  rode  to  his  house, 
and  which  were  put  into  his  stable,  are  facts  nowhere 
disclosed  by  the  evidence.  The  owners  testify  that 
they  have  never  seen  the  horses  since.  The  accused 
give  no  expla.iation  of  the  matter,  and  when  Harold 
and  Booth  were  captured  they  had  not  these  horses  in 
their  possession.  How  comes  it  that  on  Mudd's  return 
from  Bryantown,  on  the  evening  of  Saturday,  in  his 
conversation  with  Mr.  Hardy  and  Mr.  Farrell,  the 
witnesses  before  referred  to,  he  gave  the  name  of 
Booth  as  the  murderer  of  the  President  and  that  of 
E.iyleas  the  murderer  of  Secretary  Seward  and  his 
son,  and  carelully  avoided  intimating  to  either  that 
Booth  had  come  to  his  house  early  that  da.y  and  had 
remained  tliere  until  the  afternoon;  that  he  left  him 
in  bin  house  and  had  furnished  him  with  a  razor  with 
which  B ootii  attempted  to  disguise  him.self  by  shaving 


offhis  moustache?  How  comes  it.  also.  that,  upon  be- 
ing asked  by  those  two  witnesses  whether  the  Booth 
wlio  killed  the  President  was  the  one  wlio  had  been 
th're  last  fall,  he  answered  that  he  did  not  know 
Wiiiiher  it  was  that  man  or  one  of  his  brothers,  but  he 
uiid'rstood  lie  had  some  brothers,  and  added,  that  if 
it  was  the  Booth  who  was  there  last  fall,  he.  Icnew  that 
on(,  but  concealed  the  fact  that  this  man  had  been  at 
his  luuise  on  that  day  and  was  then  at  his  liouse,  and 
had  attempted,  in  his  presence,  to  di--giiiso  his  person? 

He  was  sorry,  very  sorry,  that  the  thing  had  oc- 
curred, but  not  so  sorr.v  as  to  bo  willing  to  give  anv 
evidence  to  these  two  neighbors,  who  were  manifestly 
honest  and  ui.riglit  men,  that  the  murderer  had  been 
harbored  in  his  lion-e  all  day,  and  was  probably  at 
that  moment,  as  his  own  subsniueiitconlession  shows, 
lying  concealed  in  his  house  or  near  by,  suliject  to  his 
call.  This  is  the  man  who  undc^rtalces  tosliow  by  his 
own  declaration,  olfered  in  evidence  against  my  pro- 
test, of  what  he  said  afterward,  on  Sunday  alternoou, 
the  16ih.  to  his  knisman,  Dr.George  D.  Jludd,  to  whom 
he  then  .stated  tliat  the  assassination  of  the  President 
was  a  most  damnable  act,  a  conclusion  in  which  most 
men  will  agree  with  him,  and  to  establish  which  his 
testimony  was  not  needed.  But  it  is  to  be  remarked 
that  this  accused  did  not  intimate  that  the  man  whom 
he  knew  the  evening  before  was  the  niurdn'er  had 
found  refuge  in  his  house,  had  disguisi'd  his  person, 
and  sought  concealment  in  the  swamp  upon  the 
crutches  which  he  had  provided  for  him. 

Why  did  he  conceal  this  fact  from  his  kinsman? 
After  the  church  services  were  over,  however,  in 
another  conversation  on  their  way  home,  he  did  tell 
Dr.  George  Mudd  that  two  suspicious  persons  had  been 
'at  his  house,  who  had  come  there  a  little  before  day- 
break on  Saturday  morning;  that  one  of  them  had  a 
broken  leg,  which  he  bandaged;  that  they  got  some- 
thing to  eat  at  his  house;  that  they  seemed  to  be  labor- 
ing under  more  e.tcitement  than  probably  would  re- 
sult from  the  injury;  that  they  said  they  came  from 
Br.vantown,  and  inquired  the  way  to  Parson  Wilmer's; 
that  while  at  his  house  one  of  them  called  for  a  razor 
and  shaved  himself.  The  witness  says:  "I  do  not  re- 
member whether  he  said  that  this  party  shaved  offhis 
whiskers  or  moustache,  but  he  altered  somewhat  or 
probably  materially  his  features."  Finally,  the  pri- 
soner. Dr.  Mudd,  told  this  witness  that  he,  in  company 
with  the  younger  of  the  two  men,  wont  down  the  road 
toward  Bryantown  in  search  of  a  vehicle  to  take  the 
wounded  man  away  from  his  house. 

How  comes  it  that  he  concealed  in  his  conversation 
the  fact  proved  that  lie  went  with  Harold  toward  Bry- 
antown, and  lelt  Harold  outside  of  the  town?  How 
comes  it  that  in  this  second  conversation,  on  Sunday, 
insisted  upon  here  with  such  pertinacity  as  evidence 
for  the  delense,  but  which  had  never  been  called  for 
by  the  prosecution,  he  concealed  from  his  kinsmau  the 
fact  which  he  had  disclosed  the  day  before  to  Hardy 
and  Farrell,  that  it  was  Booth  who  assassinated  the 
President,  and  the  fact  which  is  now  disclosed  by  his 
other  confessious  given  m  evidence  lor  tlie  prosecu- 
tion, that  it  was  Bootli  whom  he  had  sheltered,  con- 
cealed in  his  house,  and  aided  to  his  hiding  place  in 
the  swamp?  He  volunteers  as  evidence  his  further 
statement,  however,  to  this  witness,  that  on  Sunday 
evening  he  requested  the  witness  to  state  to  the  mili- 
tary authorities  that  two  suspicious  persons  had  boen 
at  his  house,  and  see  if  anything  could  be  made  of  it. 
He  did  not  tell  the  witness  what  became  of  Harold  and 
where  he  parteil  with  him  on  the  way  to  liryantown. 
How  comes  it  that  when  he  was  in  Bryantown  on  the 
Saturday  evening  before,  when  he  knew  that  Booth 
was  then  at  his  house,  and  that  Booth  was  the  mur- 
derer of  the  President,  he  did  not  himself  state  it  to  the 
military  authorities  then  in  that  village,  as  he  well 
knew?  IHi  dillicult  to  see  what  kindled  hissuspicions 
on  Sunday,  if  none  were  in  his  mind  on  Saturday  ,when 
he  was  in  jjossession  of  the  fact  that  Booth  had  mur- 
dered the  President,  and  wa.s  then  secreting  and  dis- 
guising himself  in  the  prisoner's  own  house. 

His  conversation  with  Gardner  on  the  same  Sun- 
day at  the  church  is  also  introduced  here,  to  relieve 
him  from  the  overwhelming  evidences  of  his  guilt. 
He  communicates  nothing  to  Gardner  of  the  fact 
that  Booth  had  been  in  his  house;  nothing  of  the 
fact  that  he  knew  the  day  be.ore  that  Booth  had 
murdered  the  President;  nothing  ol  tne  fact  that 
Booth  had  disguised  or  attempted  to  disguise  him- 
self; nothing  of  the  fact  that  he  had  gone  with 
Booths  associate,  Harold,  in  search  of  a  vehicle,  the 
more  speedily  to  expedite  their  flight:  nothing  of  the 
fact  tliat  Booth  had  f(  uiid  concealment  in  the  woods 
and  swamp  near  his  house,  upon  the  crutches  which 
he  ha  1  furnished  him.  He  contents  himself  with 
merely  staling  ''that  we  ought  to  raise  immtdiately 
a  home  guard  to  hunt  up  all  suspicio.is  persons  pass- 
ing through  our  s  ction  of  countiy,  and  arrest  them, 
for  there  were  two  suspicious  persons  at  my  house 
yesterday  morning." 

It  wiiu.d  have  looks'd  more  like  aiding  justice  and 
arresting  felons  if  hi- had  put  in  execution  his  project 
of  a  home  guard  on  .Saturday,  and  mad>)  it  effective  by 
the  arrest  of  tlie  man  then  in  his  house  who  ha  J  lodged 
with  hiin  last  fall;  with  whom  he  had  gone  to  ])nrch»se 
one  of  the  very  horses  employed  in  hU  flight  afte.-  the 
usju.saiuatiuu;  whoiu  he   had  visited  last  wiiiier  iu 


202 


TRIAL   OF   THE   ASSASSINS   AT  WASHINGTOX. 


Washington,  and  to  whom  lie  lind  iioiuted  out  the  very 
7o«!''' by  wliirli  lie  had  tscaiifJ  by  way  of  his  bouse; 
wliombe  liiid  imaiii  visited  o;i  tbeiid  of  la-it  Mt.rch. 
pri'iiaratoi'v  tolhc  commission  ol'ibis  greatcriiiie;  and 
who  ho  Unt  w,  when  hosheUerod  and  concealed  iiini  in 
the  weed  1  on  Saturday,  was  not  nicreiy  a  suspicious 
FiTson,  but  wc.s,  in  lact,  tlie  murderer  and  assassin  ol' 
Abraham  Ijinculn.  Wliile  I  doeia  it  my  duty  lo  say 
here,  as  1  said  before,  wlien  these  declarations,  uttered 
by  tlio  accu:5e<l  on  Sunday,  the  ICth,  to  Gardner  and 
C-Tcorge  J).  Mudd,  were  allemyted  to  be  ollered  on  llie 
part  oltho  nccu.sed,  tliai  they  iire  in  no  sense  evitlence, 
and  by  the  law  where  wholly  ina(lmi«s.ble.  yet  1  state 
it  as  rny  conviction,  that,  being  ui  on.the  recoril  ui  on 
motionof  the  accused  l.imsoif,  so  lur  as  these  <iec. ara- 
tious  to  tiardner  and  George  i).  IMiidd  go,  they  aread- 
diti'jnal  lUd. cations  ot  the  guilt  of  the  accused,  in  t!iis, 
that  they  aro  mani.estly  fiu|,pressionsol  truth  and  sug- 
gestion i  of  falsehood  and  deception;  they  are  but  the 
utterances  and  eonlcs.sious  of  guilt. 

To  Lieutcntmt  Lovctt.  Joshua  Lloyd  and  Simon 
Gavicaii,  who,  m  the  pursuit  of  the  murderer,  visited 
his  house  on  the  lath  of  Aiiril.  the  Tuesday  alter  the 
murder,  ho  denied  i)0Sit;Vt4,^',  upon  inquiry,  that  iwo 
men  had  passed  his  house,  or  had  come  to  his  house 
on  the  morning  alter  the  assassination.  Two  of  these 
witnesse-i  swear  jiositively  to  his  having  made  the  de- 
nial, and  ihe  other  says  he  hesitated  to  answer  the 
(juesuon  lie  i^ut  to  him;  all  of  them  agree  that  lie  af- 
terwards admitted  tiiat  two  men  had  lieen  there,  one 
of  whom  had  a  broken  limb,  which  he  had  set:  and 
when  asked  by  this  witness  who  that  man  was,  he 
ss.id  he  did  noi  know;  that  the  man  was  a  stranger  to 
him,  and  that  tiio  two  had  been  there  but  a  short  time. 
Jjloyd  aJccd  hini  if  he  had  ever  seen  any  of  the  par- 
ties, llootli,  Harold  and  Su  J  atl;  he  said  he  had  never 
seen  them  v.hile  it  is  positively  proved  that  he  was 
acquaiiitoJ  with  ,)ohn  II.  Suvratt,  who  had  been  in  his 
house;  tliat  he  knew  Dooth,  and  had  introduced  Eeoth 
to  Surratt  last  wiuK'r,  Atterwards,  on  i'riday,  the  -1st. 
he  admitted  to  Liuyd  that  lie  had  been  introduced  to 
Booth  last  fall,  and  that  this  man  who  came  to  his 
house  on  fSaturday,  the  15th,  remained  there  from 
abnnt  four  o'cloei;  in  the  morning  until  about  four  in 
the  afternoon;  that  one  of  them  lelt  his  house  on 
horseback  and  the  other  walking.  In  the  lirsl conver- 
sation he  denied  ever  havintrseen  these  men. 

Colonel  Weils  also  testilies  that,  in  his  conversation 
witnLr.  Mudd  on  I'riday,  the -1st,  the  prisoner  said 
that  he  had  gone  to  Uryantown.  or  near  L'ryantown, 
to  soesome  Ineiids  oa  t'Uturday,  and  tliatas  he  came 
back  tohisov.n  hou'e  he  saw  tlio  jierson  he  afterwards 
suiiposed  to.be  JlaiuKi  passing  to  the  left  of  his  house 
towards  tue  barn,  but  that  ha  did  not  seethe  other 
person  at  e.ll  after  he  let  liim  in  his  own  lu/use,  about 
one  o'clock.  If  thi.i  statement  be  true,  how  did  Dr. 
Mudd  see  the  same  person  leave  his  house  on  crutches? 
He  lurther  statid  to  this  witness  that  he  returned  to 
his  ov.'n  house  about  4  o'clock  in  the  a.tcrnoon;  that  he 
did  not  know  this  wounded  man:  said  ho  could  not  re- 
cognise him  Irom  the  photograph  which  is  of  record 
hero,  but  idiiiitted  that  he  had  met  lioota  some  time 
in  November,  when  ho  had  some  conversation  wiih 
him  about  lands  and  horses;  that  Jiooth  had  remained 
-jviih  him  thtit  ni;Uil  in  NoveHiber,  and  on  tbene.xt 
hay  had  purchased  a  horse.  He  said  he  had  not  again 
*eeu  Booth  liom  the  time  ot  the  introduction  in  No- 
vember up  to  his  arrival  at  his  liouse  on  the  Saturday 
iiiorning  alter  the  assassination,  is  not  this  uconies- 
sion  that  l.e  did  see  John  Wiikes  Booth  on  that  morn- 
ing at  his  house,  and  knew  it  was  Booth '.'  Jfhedid 
not  know  him,  how  cauie  he  to  make  this  statement 
to  the  W'h)jess  that  "he  liad  not  seen  Booth  ujtcr 
November  prior  to  his  arrival  there  ou  the  Saturday 
morning'.'" 

He  had  saitj  before  to  the  same  witness  he  did  not 
know  the  wounded  man.  He  said  luilher  to  Colonel 
%Vells,  that  wuei)  Le  went  ui>  stairs  alter  their  arrival, 
he  noticed  that  the  person  he  suppus/d  to  be  Booth, 
had  shaved  off  his  iin  ustache.  It  is  not  inlerably 
IVom  this  declaration  that  he  l/icii  supposed  hini  to  be 
Booth?  Yet  lie  declared  the  same  alternooii,  and 
while  Booth  was  in  his  own  house,  tliat  Booth  was  the 
murderer  of  llie  President,  One  of  the  most  retnarlv- 
able  statements  made  to  this  witness  by  tlie  prisoner 
was  that  he  heard  lor  the  hrst  t.mo  on  Sunday  orii- 
iug,  or  late  in  thoevenii.g  ot  Saturday,  that  the  Presi- 
dent had  been  murdered.  From  whom  did  he  hear  it? 
The  witness  (Colonel  ^\'■ells)  volunteeied  his  "  impres- 
sion" that  Br.  Mudd  had  said  he  had  heard  it  alter  tiie 
person  had  left  his  house.  If  tho  •'  impression  '  of  the 
■witness  thus  volunteered  is  to  be  taken  as  evidence, 
and  the  counsel  for  tne  accused,  jmlging  from  ihcir 
mauncr,seem  lothiiik  it  ought  to  be,  let  this  question 
be  answered,  how  could  Jjr.  Mudd  have  made  that 
impression  uponany  body  truthfully,  when  it  isprt.ved 
by  i'arrell  and  Hardy  that  on  his  return  Irom  Brvan- 
town,  on  Saturday  afternoon,  he  not  only  slated  'that 
the  Pre.-ident,  ilr  Seward  and  his  son  had  been  assa-s- 
sinated,  but  that  Boylo  had  assassinated  Mr.  Sew;  rd. 

and  Booth  had  assassinated  the  President?  Add  to 
ihis  the  fact  that  he  said  to  thii  witness  that  he  lelt 
Jiis  own  house  at  one  o'clock,  and  when  he  returned 
the  men  were  gone;  yet  it  is  in  evidence,  by  his  own 
.declarations,  that  Bgolh  left  liis  houiit  at  lour  o'clock 


on  crutches,  and  he  must  have  been  there  to  have  seen 

it,  or  lie  could  nor  have  known  the  lact. 

Mr.  Williams  teslii.ed  that  he  was  at  Mudd's  house 
on  'I'uesday,  the  18th  of  April,  when  he  said  that 
sirangers  had  7:ot  been  that  way.  and  also  declared 
that  he  heard, /or  ihc  /Irxt  time,  of  the  assass.nation 
of  the  President  on  Suiid.ay  morning,  at  church:  after- 
wards, on  Friday,  the  iilst.  Mr.  Williams  asked  him 
concerning  the  men  who  had  been  at  his  house,  one 
of  whom  had  a  broken  limb,  and  he  coniessed  tuey 
had  been  there.  Upon  being  asked  if  the.v  were 
Booth  and  Harold,  he  said  they  were  not;  f/iW,  'iip  knew 
Jitmlk.  I  think  it  is  lair  to  conclude  that  he  did  know 
Booth,  when  we  consider  the  testimony  of  \\'eichmun, 
Ol  Norton,  of  Fvans,  and  all  the  testimeny  just  re- 
lerred  to,  wherein  be  declares,  himself,  thac  he  not 
only  knew  hini,  but  that  he  had  lodged  with  him, 
and  tliat  he  had  himself  gone  with  him  when  be  pur- 
chased his  horse  irom  Gardner  last  lall,  lor  the  very 
purpose  of  aiding  the  hight  of  himself,  or  some  of  his 
confederates. 

All  these  circumstances  taken  together,  which,  as 
We  have  seen  upon  high  authority,  are  stronger  as  evi- 
dences of  guilt  than  even  direct  testimony,  leave  no 
further  i-ooiii  lor  argument,  and  no  rational  doubt  that 
Boctor  Samuel  A.  Mudd  was  aj  certainly  in  this  con- 
spiracy as  were  Booth  and  Harold,  whom  he  sheltered 
and  enterta.ned,  receiving  theui  under  cover  of  darli- 
ness  on  the  morning  after  the  assassination,  conceal- 
ing them  ihioughout  that  day  Irom  the  hand  ol  ot^ 
leaded  justice,  and  aiding  them  by  every  endeavor,  to 
puisue  their  way  successfully  to  their  co-conspirator, 
Arnold,  at  Fortress  Monroe,  and  which  direction  tie 
tied  until  overtaken  and  slain. 

We  next  hna  Ilaiold  and  his  confederate,  Booth,  af- 
ter their  departure  from  the  house  of  Mudd,  across  the 
Potomac,  in  the  neighborhood  of  Port  Conway,  on 
Monday,  the  21th  of  Aprii  cuuveyediu  a  wagon.  There 
Harold,  in  order  to  fibtam  tlieaid  of  Captain  Jett,  Bug- 
gies and  Bainhridge,  ot  the  Confederate  arnij-,said  to 
Jett,  "U'o  are  tlie  assassinators  ot  tae  President;"  that 
this  was  his  brother  with  him,  who,  w.th  himself,  be- 
longed to  A.  P.  Pliil's  Corps:  that  his  brother  had  been 
wounded  at  Petersburg;  that  their  names  were  Boyd. 
He  re;iuested  Jett  and  his  Rebel  companions  to  take 
themout  of  the  lines.  Alter  this,  Booih  joined  these 
parties,  was  placed-on  Buggies'  horse,  and  crossed  the 
llaDpalianiioek  Biver. 

They  then  proceeded  to  the  liouse  of  Garrett,  in  the 
neighborhood  of  Port  lloyal,  and  nearly  midway  be- 
tween Wasliington  City  and  Fortress  Monroe,  where 
the.v  were  to  have  joined  Arn'jkl.  Before  tnese  Bebel 
guides  and  guards  parted  with  them,  Han^ld  con- 
fessed that  they  were  lra\  edngunder  assumed  names; 
that  his  own  name  was  Harold,  and  that  the  name  of 
the  woundid  man  was  John  Wilkes  Booth,  "who  had 
killed  ihe  President.'  Tho  Rebels  le.t  Booth  at  Gar- 
rett s,  win  re  Jlaroid  revisited  him  from  lime  to  time, 
until  they  weie  caiiiured.  At  two  o'clock  on  Wednes- 
day morning,  the  'JUth.  a  partyof  United  States  oflicers 
and  soldieis  surrounded  Garrett's  barn,  where  Booth 
and  Harold  lay  concealed,  and  demamled  their  sur- 
render. Booth  cursed  Harold,  calling  himacoward, 
and  hade  liimgo,  when  Harold  c  ina'out  and  surren- 
dered himseli.  was  taken  into  custody,  and  is  now 
brought  into  Court.  The  barn  wa;  then  set  on  tire. 
when  Booth  sprang  to  his  feet,  amid  the  ilames  tiiat 
were  kindling  about  him,  carbine  in  hand,  and  ap- 
proached the  door,  seeking,  by  the  Hashing  light  of 
tlie  lire,  to  lind  some  new  victim  lor  his  murderous 
hand,  when  lie  w.is  shot,  as  he  deserved  to  be,  by  Ser- 
geant Corbeit,  in  order  to  save  his  comrases  from 
wounds  or  death  by  the  hands  of  this  desperate  iussas- 
sin.  XJpoii  his  person  was  found  the  following  bill  of 
exchange:— 

"No./ 141)2.  The  Ontario  Bank,  Montreal  Branch 
Exchange  for  £iil  12s.  lud.  5[oiitreal,27tli  October.  I»(i4. 
Sixty  days  after  sigut  ot  this  lirst  of  exchange,  second 
andlhird  of  the  same  tenor  and  date,  pay  to  the  order 
ol  'J.  Wilke.i  Booth  J.GI  12s.  lOd.  sterling.  Value  re- 
ceived, and  charge  to  the  account  of  this  oIKce.  H. 
Staniis,  manager.  To  Messrs.  Giyun,  Mills  &  Co,, 
London. " 

Thus  fell,  by  the  hands  of  one  o(  the  defenders  of  the 
Bepobiic,  this  Inred  assassin,  who,  lor  a  price,  mur- 
tlered  Abraham  J, incoln,  bearing  upon  his  peirou,  as 
this  bill  ct  exchange  tesiities.  additional  evidence  of 
the  fact  tuat  he  had  undertaken,  in  aid  of  rebellion, 
this  worK  of  assassination  by  the  hands  of  himseif  and 
his  coulederates.  lor  such  sum  as  the  accredited 
agent.s  of  Jellerson  Bavis  might  pay  him  or  them,  out 
of  the  Innds  of  the  Coniederacy,  whicb,  as  is  in  evi- 
dence, they  had  in  "any  amount."  in  tianada  for  the 
purpose  of  rewaiding  conspirators,  spies,  poisoners 
and  assassins,  v^lio  might  take  service  under  their 
fal>e  <'omniissions,  and  do  the  work  of  the  incendiary 
and  the  murderer  upon  the  lawful  representatives  of 
the  American  peopiC.  to  whom  had  been  entrusted  the 
care  of  the  Bepuhlic,  the  maintenance  ot  the  Constitu- 
tion and  tho  execution  ot  the  laws. 

The  Court  win  remember  that  it  is  in  the  testimony 
ofMerritt.and  Sfontgomery.  andConover.  thaiTiiomp- 
sell  and  Sanders,  and  Cay,  and  Cleaiy,  made  their 
boattithat  they  had  money  in  Canada  for  this  very 
purpose,    Nor  IS  it  to  be  overlooked  or  forgotten  tliat 


TRIAL   OF   THE   ASSASSINS    AT  WASHINGTON. 


203 


the  officers  of  the  Ontario  Bank  at  Montreal  te'^tlfy 
that  ciurint'  tie  carrcnt  year  ofthis  conspiracy  and  as- 
sassiiiaiion  Jacob  Tlionipson  bad  on  d"iiosit  in  that 
banic  the  sum  ol'six  hundred  and  forty-nine  thoniand 
dollars,  and  that  tlicse  deposits  to  the  credit  ot  Jacob  | 
't'honipson.  accrued  ironi  the  negotiation  of  biliS  O;  ex-  i 
chance  drawn  bv  tlie  Secretary  of  the  Trcasm-y  of  the  ! 
so-called  Conii  derate  Mates  ort  Kramer,  Trenbolm  it 
t'o.,  ot  Liverpool,  wlio  were  kni;wa  to  bo  the  financial 
agents  of theConnd.TatcHtates.  With  an  u:  drawn 
deposit  in  this  banlc  of  lour  hundred  and  fiitv-Uve  col- 
lars, which  l)as  reina'n  d  to  liis  credit  sinceOct  iber 
last,  and  with  an  uip  iid  bill  of  excbancte  drawn  by  tl;e 
same  bank  upon  lAHidon,  in  his  possession  and  f  lUnii 
uijr.n  h  s  pors(.n,  B  lOth  ends  his  enilty  career  m  tliis 
work  of  conspiracy  and  blood  in  April,  lS:i.j,  as  he  be- 
gan itin  Octo;)er,>  ISW.  in  combina'  on  w  th  Jencrs(ni 
J)avis.  Jacon  Thompson,  Ceorge  N.  Sandtrs.  Clement 
f.  Clay.  William  C.  Cleary,  Beverly  Tucker  and  other 
co-conspirators,  making  use  of  the  money  ol  the  Reltel 
("Oiifederation  to  aid  in  the  execution  and  in  the  Ibglit, 
bearingatthe  moment  of  ids  death  up  ui  his  person 
tlieir  money,  parr  of  the  price  which  they  paid  lor  his 
great  crime,  to  aid  him  in  its  consummation,  and  se- 
cure him  alterwards  from  arrest  and  tlie  just  penalty 
which  by  tlie  law  of  God  and  the  law  of  man  is  de- 
nounced a'Jcainst  treasonable  conspiracy  and  murder. 

By  all  the  testimony  in  the  ca^ie,  it  is,  in  my.indg- 
ment.  made  as  clear  as  any  transaction  can  be  sliown 
bv  human -testimony,  that  John  Wdkes  Booth  and 
John  II.  Surratt,  and  t'ae  several  accused.  David  E 
Harold,  George  A.  Atzeroth,  Lewis  Payne,  Michael 
(.)'Loughlin,  PJdward  Spangler,  Samuel  Arnold  Mary 
K.  Surratt,  and  Samuel  A.  JIudd,  did,  with  intent  lo 
aid  the  e.xisting  Rebellion  and  to  subvert  the  Constitu- 
tion and  laws  of  the  United  States,  in  the  month  o' 
(October  last  and  thereaiter.  combine,  conlcderate  and 
conspire  with  JelVerson  Davis.  George  N.  Sanders. 
Beverly. Tucker,  Jacob  Thompson,  ^\■illiam  C.  Cleary. 
Clement  C.  Ciy,  George  Harper.  George  Voun^-,  and 
crthers unknown,  to  kill  and  murder,  witliin  the  mili- 
tary department  of  Washington,  and  within  the  in- 
trenched fortifications  and  military -lines  thereof. 
Abraham  Lincoln,  then  President  ot  the  United  States. 
andCommande,-in-Chiefoltho  army  and  navy  there- 
Q1 :  Andrew  Johnson.  Vice  President  of  tiie  United 
S.a'es;  William  H.  Seward,  Secretary  of  State:,  and 
U.ysses  S:  Grant,  Lieiiteuant-General  in  command  oi' 
the  armies  of  the  United  Stales;  and  that  Jefferson 
Davis,  the  chiefofthisKebillion,  was  the  instigator  and 
[)rocurer,,through  his  accredited  agents  in  Canada,  ot 
tlie  treasonable  conspiracy.  ... 

1 1  IS  also  submitted  to  the  Court  that  it  is  clearly  es- 
tablished bv  the  testimony  that  John  Wilkes  Booth,  in 
pursuance  of  this  conspiracy,  so  entered  into  by  him 
and  the  accused,  did,  on  the  night  of  tlie  lit  hoi  April, 
18>5,  wilhni  the  military  department  of  Washington. 
and  the  intrenched  fortifications  and  military  lines 
thereof,  and  with  the  intentiaid.infiictaniortal  wound 
upon  Abraham  Lincoln,  then  President  and  Com- 
niander-in-Chief  of  the  army  and  navy  of  the  United 
gfates.  whereof  he  died;  tiuit  in  pursuance  of  the  same 
conspiracy  and  within  tlie..said  department  and  in- 
trenched lines.  Lewis  Payne. assaulted,  with  intent  to 
kill  and  murder.  William  U.  Seward,  then  Secretary  of 
State  of  the  United  States;  that  Geor.ge  A.  Atzeroth.  in 
imrsuance  of  the  same  conspiracy,  and  within-the  said 
department,  laid  in  wait,  with  intent  to  kill  and  mur- 
d>r  Andrew  Johnson,  then  Vice-President  ot  the 
United  States;  that  Hichaei  O'Laughlin.  wjthm  said 
department,  and  in  pursuance  of  said  conspiracy,  laid 
in  wait  to  kill  and  murder  Ul.vsscs  S.  tTrant,  then  in 
command  of  the  armies  ot  the  United  States:  and  tluit 
MaryK  Surratt.  David  E.  Harold.  Samuel  Arnold. 
Samuel  A.  Mudd,  and  Edward  Spanglerdid  encourage, 
aid  and  abet  the  commission  of  said  several  acts  in  the 
prosecution  of  said  conspiracy. 

If  thistreasciiiable  conspiracy  has  not  been  wholly 
executed;  if  the  several  executive  ofhcers  ot  the 
United  States  and  the  commander  of  its  armies,  to  kill 
and  miirderwhoin  the  said  several  accused  thus  con- 
federated and  conspired,  have  not  each  and  all  fallen 
bv  the  bands  ot  these  conspirators,  thereby  leaving 
the  people  of  the  United  States  without  a  President  or 
Vice  President;  without  a  Secretary  ot  State,  who 
alone  is  clothed  with  authority  by  the  law  to  call  an 
election  to  fill  the  vacancy,  should  any  arise,  in  the 
offices  of  President  and  Vice  President,  and  without  a 
lawful  commander  of  tlie  armies  of  the  Kepublic.  it  is 
only  because  the  conspirators  were  deterred  by  the 
vigilance  and  fidelity  of  the  e.xeciuive  oihcers,  whose 
lives  were  merciinlly  protected  on  that  night  of 
murder  by  the  care  of  the  Infinite  Being,  who  has 
thus  far  saved  the  Republic  and  crowned  its  arms  with 

victorv 

If  this  conspiracy  was  thus  entered  into  by  the  ac 
msed:  if  John  Wilkes  Booth  did  kill  and  murder 
Abraham  Lincoln  in  pursuance  thereof:  if  Lewis 
PavnHdid:in  pursuance  of  said  con.spiracy,  assault 
witn  Intent  to  kill  andmurder  William  11.  Seward,  as 
Slated;  and  if  the  several  parties  accused  did  commit 
theseveral  acts  alleged  against  them  in  the  prosccu- 
t'.on  ot  said  conspiracy,  then  it  is  the  law  that  all  the 
parties  to  thatconspiracy.  whether  present  at  the  time 
of  its  execution  or  not,  wliether  on  trial  before  this 
Court  or  not,  are  alike  guilty  of  the  several  octs  done 


by  each  in  the  execution  of  thocommon  design.  What 
theseconspirators  did  in  the  e.vcculion  ofthis  con- 
spirac.v  by  the  hand  of  one  of  their  co-conspirators, 
they  did  themselves:  his  act,  done;  in  the  piosecniioa 
of  the  common  design,  was  the  act  of  all  the  parties 
to  the  treasonable  combination,  because  dime  in  exe- 
cution and  furtherance  of  their  guilty  and  treasonable 
agreement. 

As  we  have  seen,  this  Is  the  rule,  whether  all  the 
conspirators  are  indicted  or  not;  wheiher  the.vare  nil 
on  tri.il  or  not.  "It  is  not  material  wiiat  the  nature  of 
the  indictment  is.  provided  tlie  olfeiise  involve  a  con- 
spiracy. Upon  indictment  for  murder,  for  instance,  if 
it  appear  that  others,  together  with  the  prisoner,  con- 
spired to  perpetrate  the  crime,  the  act  of  one  done  in 
pursuance  of  that  intention,  would  beevidence  against 
the  rest."  (1  Whar. .  7Ui;. )  To  the  same  ellcct  are  the 
words  of  Chief  Justice  Marshall,  before  cited,  that 
whoever  leagued  in  a  general  conspiracj',  performed 
any  part,  however  minute,  or  howeve"  kemotk  from 
the  scene  of  fc^f'oii.  are  giiilt.y  as  principals.  In  this 
treasonable  conspiracj'.  to  aid  the  existing  armed  Jrte- 
bellion.  by  murdering  the  exrcutive  ollli'crs  of  the 
United  States  and  the  commander  oi  its  arm.es,  all  the 
parties  to  it  must  be  held  as  priaoip;Us.  and  the  act  of 
one.  in  the  prosecution  of  the  common  design,  tlie  act 
of  all. 

I  leave  the  decision  of  this  dread  issue'  with  the 
Court,  to  which  alone  it  beUni.gs.  It  is  for  you  to  say, 
upon  your  oaths,  whether  the  accused  at'e  guilty. 

I  am  not  conscious  that  in  this  argument  I  have 
made  any  erroneous  statement  of  the  evidence,  or 
drawn  any ,  erroneous  conclusions;  yet  I  pray  the 
Court,  out"  of  tender  regard  and  jealous  care  lor  the 
ri.ghtsof  the  accused,  loseo  that  no  error  of  mine,  if 
any  there  be,  shall  work  them  liarm.  The  past  ser- 
vices of  the  members  of  this  honorable  Court  give  as- 
surance that,  without  fear,  favor,  or  affection,  lliey 
Will  discharge  with  tid"lity  the  dut,y  enjuiiied  upon 
them  by  their  oaths.  Whatever  else  may  beiall.I  trust  . 
la  God  .that  in  this,  as  in  every  other  American  Court, 
the  rl.glus  of  tlie  whole  people  wiil  be  respected,  and 
that  the  Henublic  in  Iliis.  its  supreme  hour  fif  tri.'il, 
W'ill  he  true  to  itself  and  just  to  all— ready  to  protect 
the  rights  of  the  humblest,  to  redress  every  wrong,  to 
avenge  ever.y  crime,  to  vindicate  the  majesiy  of  law, 
and  to  maiutain  inviolate  the  Constitution— whether  it 
be  secretly  or  openly  assaiUnl  by  liosts.  armed  with 
gold  or  armed  with  steel.      JOHN  A.  BINGH.-\M, 

Special  Judge  Advocate. 

W.\sni>fQTO>j,  June  2S.— The  Military  Commission 
met  this  day,  with  closed  doors,  in  secret  session,  to 
deliberate  on  the  testimony  aiKl  finding  of  a  verdict 
for  or  against  the  conspirators,  and  altera  session  of 
si.x  liours  duration,  not  coming  to  a  decision  in  all  the 
cases,  adjourned  till  the  next  day,  Thursday,  Juneifith. 

WAsniNGTON,  J'une  29.— The  Military  Commissioa 
met  this  morning  in  secret  session,  with  closed  doors, 
and  after  being  in  session  some  hours  found  a  verdict 
in  the  case'of  each  of  the  conspirators,  when  a  record 
was  made  up  and  forwarded  to  the  War  Department 
for  review,  from  whom  it  will  be  sent  to  the  President, 
who  will  examine  the  whole  of  the  voluminous  testi- 
mony closely  before  rendering  his  decision  on  the 
findings  of  the  Military  Commission. 

Washington,  July  6.— In  accordance  with 
the  findings  and  sentences  of  the  Military  Com- 
mission, which  the  President  approved  yester- 
day, David  E.  Harold,  Lewis  Payne.  Mrs.  Sur- 
ratt and  Geoi-ge  A.  Atzerotlt  are  to  be  hung  to- 
morrow, by  the  proper  military  anthorlties. 

Dr.  Mudd,  Arnold  and  O'Laughlin  are  to  be 
imprisoned  for  life,  and  Spaugler  for  six  years, 
all  at  hard  labor,  in  the  Albany  Penitentiary. 
Tlie  Official  Orricr. 

"Washington,  July  C— The  following  Import- 
antorder  has  just  been  issued:— 

War  Department,  Adjutant-General's 
Office.  Washington,  July  5. 180-3.— To  Major- 
General  W.S.Hancock,  United  Slates  ■Volun- 
teers, commanding  the  Middle  Military  Divi- 
sion, Washington,  D.  C.  .     . 

Whereas,  By  the  Military  Commission  ap- 
pointed in  paragraph  4,  Special  Orders  No.  211, 
dated  War  Department,  Adjutant-General  s  Of- 
fice, Washington,  May  C,  18(i.5.  and  of  which  Ma- 
ior-General  David  Hunter.  Unlted.Statcs  Volun- 
teers was  President,  the  following  persons  were 
tried,  and,  alter,  mature  consideration  of  evi- 
dence adduced  In  their  cases,  were  found  ana 
sentenced  a.s  htreinafter  stated,  as  follows:— 


204 


TRIAL   OF   THE   ASSASSINS   AT   WASHINGTON. 


Harold's  Sentence. 

First.  David  B.  Harold.— Finding  of  the  speci- 
fipation,  guilty,  except  combiiiin^i,  confederat- 
In'^'  and  conspiring  with  Edward  Spaugler,  as 
to  which  part  thereof,  not  guilty;  of  the  charge 
guiltv,  except  the  words  of  the  charge,  that  he 
comhined,  confederated  and  conspired  with 
Edward  Spansler,  as  to  which  part  of  the 
charge  not  guilty. 

Sentence.— And  the  Commission  does,  there- 
fore, sentence  him,  the  said  David  E.Harold, 
to  lie  hanged  by  tlie  neck  until  he  be  dead,  at 
.^uch  time  and  place  as  the  President  of  the 
VnitPd  States  sliall  direct,  two-thirds  of  the 
Commission  concurring  therein. 

Atzeroth's  Sentence. 

Second.  George  A.  Atzeroth.-Findingof  speci- 
fication, guiltv,  except  combining,  confedera- 
ting and  conspiring  with  Edward  Spangler;  of 
this,  not  guilty.  Of  the  charge,  guilty,  except 
combining,  confederating  and  conspii'ing  with 
Edward  Kpangler;  of  this,  not  guilty. 

Sentence.— And  the  Commission  does  there- 
fore sentence  him,  the  said  George  A.  Atzeroth, 
to  be  hung  by  the  neck  until  he  be  dead,  at  sue  h 
time  and  place  as  the  President  of  the  United 
Statesshall  direct,  two-thirds  of  the  Commissiou 
concurring  therein. 

Payne's  Sentence. 

Third.  Lewis  Payne.— Finding  of  the  speci- 
fication, guilty,  except  combining,  confederat- 
ing and  conspiring  with  Edward  Spangler;  of 
this,  not  guilty.  Of  the  charge,  guilty,  except 
combining,  confederating  and  conspiring  with 
Edward  Spangler;  of  this,  not  guilty. 
Sentence.— And  the  Commission  does  therefore 
sentence  him,  the  said  Lewis  Payne,  to  be  liuug 
by  the  neck  until  he  be  dead,  at  such  time  and 
place  as  the  President  of  the  United  States  shall 
direct,  two- thirds  of  the  Commission  concurring 
therein. 

Mrs.  SiurrntCs  Sentence. 

Fourth.  Mary  E.  Surratt.- Finding  of  the 
.specification  guilty,  except  as  to  receiving,  sus- 
taining, harboring  and  concealing  Samuel  Ar- 
nold and  MichaerO'Lauahlin,  and  except  as  to 
combining,  confederating  and  conspiring  with 
Edward  Spangler;  of  this  not  guilty.  Of  the 
charge  guilty,  except  as  to  combining,  confede- 
rating and  conspiring  with  Edward  Spangler; 
of  this  not  guilty. 

Sentence.— And  the  Commission  does,  there- 
fore, sentence  her,  the  said  Mary  E.  Surratt,  to 
be  hung  bj"^  the  neck  until  she  be  dead,  at  such 
time  and  place  as  the  President  of  the  United 
States  shall  direct,  two-thirds  of  the  members  of 
the  Commission  concurring  therein. 

Presideiit  Jolinsou's  As>]>rovaI. 

And  Whereas,  The  President  of  the  United 
Stales  has  approved  the  foregoing  sentences  in 
the  following  order,  to  wit:— 

Executive  Mansion,  July  5,  1865.— The  fore- 
going sentences  in  tne  cases  of  David  E.  Harold, 
G.  A.  Atzeroth,  Lewis  Payne  and  Mary  E.  Sur- 
ratt, are  liereby  approved;  an<l  it  is  ordered  that 
the  sentences  in  the  cases  of  David  E.  Harold, 
G.  A.  Atzeroth,  Lewis  Payne  and  Mary  E.  Sur- 
ratt be  carried  into  execution  by  the  proper  mi- 
litary authoritj-,  under  the  direction  of  the  Se- 
cretary of  War,  on  the  7th  day  of  July,  1805,  be- 
tween" the  hours  of  10  o'clock  A.  31.  and  2  o'clock 
P.  M.  of  that  day.       (Signed) 

ANDREW  JouNSON,  President. 

Therefore  you  are  hereby  commanded  to  cause 
the  foregoing  sentences  in  the  eases  of  David  E. 
Harold,  G.  A.  Atzeroth,  Lewis  Payne  and  Mary 
E.  Surratt  to  be  duly  executed,  in  accordance 
with  the  President's  order. 

By  command  of  the  President  of  the  United 
States.  E.  D.  Townsend. 

Assistant  Adjutant-General. 

In  the  remaining  cases  of  O'Laughlin. 
Spangler,  Arnold. and  Mudd,  the  findings  and 
sentences  are  as  follows: — 

O'liaug^blin's  Sentence. 

Fifth.  Michael  O'Laughlin.— Finding  of  the 
specitication  guilty,  except  the  words  thereof,  as 
follows:— 

Aud  ill  the  words  thereof  as  follows:— And  in 


the  further  prosecution  of  the  conspiracy  afore- 
saifl,  and  of  its  murderous  and  treasonable  pur- 
poses aforesaid,  on  the  nights  of  the  i:!ih  and 
11th  of  April,  ISOo,  at  Washington  City,  and 
within  the  military  department  and  military 
lines  aforesaid,  the  said  Michael  01^\ughlin  did 
there  and  then  lie  in  wait  for  Ulvsses  S.  Grant, 
then  Lieutenant-General  and  Commander  of 
the  armies  of  the  United  States,  with  intent 
then  and  there  to  kill  and  munler  the  said 
Ulysses  S.  Grant,  of  said  words  not  guilty,  and 
except  combining,  confederatingandconspirini? 
with  Edward  Spangler,  of  this  not  guilty.  Of 
the  charge,  guilty,  except  combininu',  confede- 
rating and  conspiring  with  Edward  Spangler;  of 
this  not  guilty. 

Sentence.— The  Commission  sentence  O'Laugh- 
in  to  be  imprisoned  at  hard  labor  fur  life. 

Spangler's   Sentence. 

Sixth.  Finding.— Edward  Spangler,  of  the 
specification,  not  guilty,  except  as  to  the  words 
"the  said  Edward  Spangler,  on  said  14th  day  of 
April,  A.  D.  1865,  at  about  the  same  hour  of  that 
day,  as  aforesaid,  within  said  military  depart- 
ment and  the  military  lines  aforesaid,  did  aid 
and  abet  him  (meaning  John  Wilkes  Dooth)  in 
making  his  escape  after  the  said  Abraham  Lin- 
coln had  been  murdered  in  manner  aforesaid," 
and  of  these  words,  guilty. 

Of  the  charge  not  guilty,  but  guilty  of  having 
feloniously  and  traitorously  aided  and  abetted 
John  Wilkes  Booth  in  making  his  escape  after 
having  killed  and  murdered  Abraham  Lincoln, 
President  of  the  United  States,  he,  the  said 
Edward  Spangler,  at  the  time  of  aidi  ng  and  abet- 
ting as  aforesaid,  well  knowing  that  the  said 
Abraham  Lincoln,  President  as  aforesaid,  had 
been  murdei-ed  by  the  said  John  Wilkes  Booth, 
as  aforesaid.  The  Commission  sentenced  Span- 
gler to  hard  labor  for  six  years. 

Arnold's  Sentence. 

Seventh.  Samuel  Arnold.— Of  the  specifica- 
tions guilty,  except  combining,  confederating, 
and  conspiring  with  Edward  Spangler,  of  this 
not  guilty.  Of  the  charge  guilty,  except  com- 
bining, confederating  and  conspiring  with  Ed- 
ward Spangler,  of  this  not  guilty.  The  Commis- 
sion sentenced  him  to  imprisonment  at  hard 
labor  for  life. 

Dr.  Mndd's  Sentence. 

Eighth.  Samuel  A.  Mudd.— Of  the  speciflcatiou 
guilty,  except  combining,  confederaiing  and 
conspiring  with  Edward  Spangler;  of  tliis  not 
guilty;  and  excepting  receiving  and  entertain- 
ing and  harboring  and  concealing  said  Lewis 
PaVne,  John  H.  Surratt,  Michael  O'Laughlin. 
George  A.  Atzeroth,  Marj'  E.  Surratt  and  Samuel 
Arnold,  of  this  not  guilty. 

Of  the  charge  guilty,  except  combining,  con- 
fe(>crating  and  conspiring  with  Edward  Span- 
gler. of  this  not  guilty.  The  Commission  sen- 
fenced  Mudd  to  be  imprisoned  at  hard  labor  for 
life. 

The  President's  order  in  these  cases  is  as  fol- 
lows:— 

It  is  further  ordered  that  the  prisoners,  Sa- 
muel Arnold,  Samuel  A.  Mudd,  and  Michael 
O'Laughlin,  be  confined  at  hard  labor  in  the 
Penitentiary  at  Albany,  New  York,  during  the 
period  designated  in  their  respective  sentences. 
Andrew  Johnson,  President. 

Washington,  July  6.— The  announcement 
and  fiudin.g3  of  the  Military  Commission  in  the 
cases  of  tiie  conspirators,  made  to-day  about 
noon,  completely  absorbed  public  attention 
during  the  remainder  of  the  day.  Scarcely 
anvthing  else  was  talked  of  in  the  streets,  hotels 
and  in  every  place  where  citizens  mostly  con- 
gregate. 

The  general  sentiment  seemed  to  justify  the 
findings  of  the  Commission,  but  the  short  pe- 
riod of  time  allowed  tne  prisoners  between  the 
announcement  of  the  sentence  and  their  exe- 
cution did  not  generally  appear  to  meet  the 
public  approval.  This,  however,  is  in  accord- 
ance with  the  practice  of  courts-martial,  sen- 
tences in  such  cases  being  executed  almost  im- 
mediately after  the  nudings  are  officially  pub- 
lished. 


TRIAL   OF  THE  ASSASSINS  AT  WASHINGTOX. 


205 


Jwdjre  Holt  witli  tbc  President. 

The  President  havins;  nearly  recovered  from 
his  indisposition,  yesterdny  Invited  Judge  Ad- 
vocate-General Holt  to  the  White  House,  and 
after  mature  deliberation,  the  President  ap- 
proved the  flndines  and  sentences  in.  each  case 
as  rendered  by  the  Commission. 

Tbe  Seiitcnces  Slead  to  the  Prisoners. 

About  noon  to-day  General  Hancock,  who  is 
charj.r'd  with  tlie  execu'ion  of  the  sentences, 
procet'iled  to  the  Penitentiary,  and  in  company 
with  IS'Uvjor-General  Hartranft  visited  the  cell 
of  each  prisoner  and  informed  each  what  ver- 
dict had  been  rendered.  No  one  was  present  at 
this  interview  but  the  two  Generals  aad  the 
turnkey. 

Mrs.  Surratt, 
On  learning  her  fate,  was  extremely  depressed, 
and  wept  bitterly.  She  was  alone,  her  daughter 
having  left  her  a  short  time  belor(%  not  know- 
ing the  sentence  was  to  be  announced  to  her 
mother  to-day. 

Payne. 
Seemed  to  regard  it  as  a  foregone  conclusion, 
and  manifested  little  or  no  emotion.    He  has 
evidently  nerved  himself  to  meet  his  death  with 
firm  resolution. 

Atzeroth 
Was  violently  agitated   and   almost  paralyzed 
with  fear.    Ho  evidently  hoped  for  a  different 
result,  but  it  is  ditficult  to  see  how  he  could  have 
expected  it  to  have  been  otherwise. 

ISaroItl 
Listened  to  the  reading  of  the  order  in  his  case 
with  boyish  indifference,  but  soon  after  became 
impressed  witlivthe  solemnity  of  his  situation 
and  appeared  more  serious,  asking  that  his 
sisters  might  be  allowed  to  visit  him. 
Payne  asS&s    for   a    Baptist    Clergryman. 

Payne   asked   that   Dr.    Stracker,    a    Baptist 

clergyman  of  Baltimore,  be  sent  for,  which  was 

done,  and  that  gentleman    arrived   here    this 

evening,  and  is  in  attendance  upon  the  prisoner. 

Mrs.  Snrratt's  Spiritnal  Advisers. 

Mrs.  Rurratt  asked  that  Fathers  Walter  and 
Wiget,  Catholic  priests  of  Baltimore,  be  sent  for. 
Her  wish  was  immediately  complied  with,  and 
both  the  clergymen  arrived  this  evening,  and 
were  admitted  to  lier  cell. 

Kev.  Dr.  Butler  Attends  Atzeroth. 

Atzeroth  could  name  no  clergyman  he  wished 
to  attend  him;  but  upon  General  Hartranft 
naming  Rev.  Mr.  Butler,  a  Lutheran  clergyman 
of  Washington  city,  the  prisoner  desired  he 
might  be  sent  for,  and  he  was  in  attendance 
up>on  the  prisoner  early  this  afternoon. 
Harold's  Sisters  Visit  Iliui. 

Five  of  Harold's  sisters  visited  him  this  after- 
noon at  the  prison  and  the  scene  was  truly  dis- 
tressing. Afterthey  left  him  they  wept  bitterly, 
in  the  entrance  room  down  stairs.  Two  are 
grown  ladies  and  the  others  young  misses.  But 
they  all  seemed  to  realize  the  dreadful  situation 
of  their  brother. 

One  of  them. brought  a  small  basket  of  cakes 
and  little  delicacies  for  the  prisoner,  which  was 
left  in  ciiarge  of  General  Hartranft  to  be  ex- 
amined before  being  given  to  him.  One  of  the 
elder  sisters  sat  down  and  wrote  a  note  to  her 
brother,  which  was  also  left  in  charge  of  General 
Hartranft  to  give  Harold. 

The  SeaflToId 
Is  being  built  tliis  afternoon,  in  the  south  yard 
of  the  prison,  and  will  be  large  enough  to  exe- 
cute all  at  one  time.  The  coffins  and  burial 
clothes  are  being  prepared  this  afternoon  and 
evening  at  the  arsenal. 

A  False  Kiimor. 

An  impression  appears  to  prevail  throughout 
the  city  that  Mrs.  Surratt  will  not  be  executed, 
tliatthe  President  will  commute  her  sentence 
to  imprisonment. 

In  less  than  an  hour  after  the  findings  had 
been  announced  this  rumor  was  on  the  street, 
and  it  was  asserted  that  many  who  had  been 
most  strenuous  inasking  for  severe  punishment 
upon  the  conspirators  were  willing  to  unite  iu 


an  effort  to  have  the  sentence  in  Mrs.  Surratt's 
case    changed  to   impjsonmont.    This  rumor 
was  wide  spread,  but  bail  no  foundation  in  fact, 
The  wish  was  evidently  father  to  the  thought. 
No  Executive  Clenieney. 

Harold's  sisters  called  at  the  White  House  this 
afte-noon,  pleading  for  n\ercv,  and  Father 
Wf.lker  and  Mr.  Aiken,  one  of  Mrs.  Snrratt's 
counsel,  also  called  on  behalf  of  Mrs.  Sun-att, 
but  the  President  declined  to  see  any  of  them, 
and  referred.them  all  to. Judge  Holt.  It  would 
seem  to  be  the 'determination  of  the  President 
to  decline  interfering  in  the  matter,  and  there 
is  no  doubt  but  all  those  condemned  to  di>uth 
will  becxecuted  to-morrow,  Mrs.  Surratt  among 
the  number. 

Aiken  says  he  has  some  after-discovered  tes- 
timony to  offer,  favorable  to  her  case.  But  it  is 
not  probable  the  President  will  relent  to-mor- 
row. 

Payne,  Atzeroth,  Harold  and 
Mrs.  Surratt  are  hung ! 

Washington.  July  9,  I860.— To-day  the  last  scene  of 
the  terrible  tragedy  of  the  14lh  of  April  took  place. 
Lewis  Payne,  David  E.  Harold,  George  A.  Atzeroth, 
and  Mary  E.  Surratt,  the  ringleaders  in  the  murderoiLS 
plot  to  assassinate  the  heads  of  the  Government,  and 
throw  the  land  into  anarchy  and  confusion,  paid  the 
penalty  of  their  crime  upon  the  gallows. 

The  execution  was  comparatively  a  private  one. 
The  followiuK  is  the  lorm  ot  order  which  was  impera- 
tively required  to  secure  admission  to  the  scene  of  the 
execution:— 

Head-quakters,  Middle  Military  Division, 
Washington,  D.  t;.,  July  7,  186-5  —Major-General  J.  P. 
Hartranft,  Military  Governor  of  Military  I'risous: — 
Admit-—  . .  Itpporter  ot  The  PuiLADELPUiA  In- 
quirer, to  the  Miliiaiv  Prison  this  day. 

WINFIELJ)  S.  HANCOCK, 
Major-General  Volunteers  Commanding. 

On  the  reverse  was  written  "between  10  and  1  P.  1\I." 

Each  p.ass  wa^  registered  witli  the  lank  and  station 
of  tlieollicerandthe  paper  to  which  the  representative 
belon^ted. 

Only  one  hundred  were  issued,  and  one-fourth  of 
these  wi.'re  to  representatives  of  the  pioss.  Over  a 
thousand  applications  were  made  to  General  Hancock 
for  passes  Iruiu  various  sources,  but  lie  conducted  the 
whole  affair  with  the  most  commendable  propriety, 
and  squelclied  completely  the  "Secesh"  sympathizers 
who  wished  to  witness  the  execution.  Those  who 
came  from  mere  personal  curiositj'  were  all  denied.. 
Ttse  Weather. 

The  snn  shone  with  its  intensest  rays,  and  had  it  not 
been  for  a  breeze  at  intervals  the  thermometer  would 
have  stood  at  100. 

£ariy  in  the  Morning:. 

At  as  early  an  hour  as  eight  A.M.  people  commenced 
to  wend  their  wpy  down  to  llie  prison,  and  the  boats  to 
Alexandria,  wliich  ran  close  bi'  the  jail,  were  crowded 
all  day  by  those  who  took  the  trip  in  Impi's.of  catching 
a  glimpse  of  the  gallows,  or  of  the  execution,  but  it  was 
all  ill  vain.  The  only  position  outside  of  the  jail  that 
could  be  used  as  an  observatory,  was  the  largo  building 
uiioii  the  leit  side  of  the  Arsenal,  which  Jiad  about  liity 
spectators  upon  it,  who  had  a  good  view  of  the  whole. 

The  Army  Officers. 

Between  nine  and  ten  o'cloclc  in  tlie  mornin.g  the 
three  anle-rooms  of  the  prison,  on  the  lirst  lloor,  were 
thronged  with  army  otticers.  prineipally  of  Himcock's 
corps,  anxious  to  get  a  view  of  the  execut  ion  from  the 
wiuUows,  Ironi  which  the  scaffold  conld  be  plainly  seen. 

The  Newspaper  Reporter** 
Soon  began  to  congre.gate  there  also,  and  in  a  few 
minutes  not  less  tliaii  a  score  were  in  attendance, 
wai;ing  to  pick  up  the  smallest  item  of  interest.  No 
newspaper  man  was  allowed  to  seethe  prisoners  in 
their  cells  before  they  were  led  out  to  execution,  and 
General  Hartranft  was  very  decided  on  this  ijoint. 
The  Clergfy. 

■While  waiting  here  lor  over  two  hours,  the  clergy- 
men iiassed  in  aud  out  through  the  heavily  riveted 
doors  leadmg  to  the  prisoners'  cells,  which  creaked 
heavily  on  its  hinges  as  it  swung  to  and  fro,  and  the 
miissive  key  was  turned  upon  the  inner  side  with  a, 
heavy  sound  as  a.  visi,tor  was  admitted  within  its  por- 
tals. 

Mrs.  Surratt's  I>an{;hter 

Passed  Into  the  ante-room,  accompanied  by  a  lady, 
who  remained  seated,  while  the  daughter  rapidly  en- 
tered the  hall,  and,  passing  through  the  heavy  door,  is 
soou  la  the  corridor  where  her  mother  is  incarcerated, 


206 


TRIAL   OF   THE   ASSASSINS   AT  WASHIXGTON. 


The  Connsel  for  the  Prisoners. 

Messrs.  Cox.  Doster,  Aiken  agcl  Clampitf,  counsel 
for'the  prisoners,  nre  speciillv  p;i,ssed  in  lor  a  short 
interview,  nnd  in  a  lew  minutes  tliey  return  again  to 
the  anterooms.  Time  llies-rapidly,  and  uqi  a  moiuenl 
is  to  lie  lost.  No  use  ess  words  are  to  be  spoken.  biK, 
earnest,  torse  sentences  are  Irom  necessity  employed 
when  conversing  wi  h.the  doomed  prisoners,  whose 
lives  are  now  measu^pd  by  minutes. 

Aiken,and  Clamp. it  are  both  here.  They  walk  im- 
patiently up  and  down  llie  room,  whisperiiit;  a  word 
to  each  orher  as  to  the  prospects  of  Mrs.  Surratts  be- 
ins  reprieved  throuijh  the  operations  of  tlie  habeas 
corpus,  whioli.  Aiken  confidently  tells  us.  has  been 
granted  by  Justice  Wylie,  and  from  which  he  antici- 
pates favorable  results.  Strange  infatuation:  It  was 
the  last  straw  to  which,  like  drowning  "men,  they 
clutclied  with  the  fond  hope  that  it  was  to  rescue  their 
client  Irom  her  imminent  peril. 

Afzeroth  in  His  Cell. 

Atzeroth  passed  the  night  previous  to  the  eiecution 
Witlioiit  any  particular  ruanilestations.  He  prayed 
and  cried  alternately,  but  made  no  otner  noise  that  at- 
tracted the  alt<-ntion  of  his  keeper.  On  the  morning 
of  the  execution  he  sat  most  of  the  time  on  the  floor 
of  his  cell  in  his  shirtsleeves. 

A  ?Iysterioas  Visitant. 

He  was  attended  by  a  lady  dressed  in  deep  blacK, 
■wio  carried  a  prayer  book,  and  who  seemed  more 
exercised  in  spirit  than  the  jir^^soner  himself.  Who 
the  lady  was  could  not  be  ascertained.  She  left  him  at 
half-pa'st  twelve  o'clock,  and  exhibited  great  emotion 
at  parting. 

During  the  morning  A  tzeroth  was  greatly  composed, 
and  spent  jiartof  thetime  in  earnest  conversation  with 
b!S  spiritual  adviser.  Rev.  Mr.  Butler,  of  St.  Paul's  Lu- 
theran ChT^rch,  '^Vashinglon.  lie  occupied  cell  No.  lol 
on  the  ground  floor  to-day.  which  was  directly  in  view 
of  the  yard,  where  he  could  see  the  gathering  crowd 
and  soldiery,  although  he  could  not  seethe  scaffold. 
He  sa  in  the  corner  of  his  cell  on  his  bed.  and  when 
his  spiritu?.!  adviser  would  go  out  for  a  lew  minutes 
and  leave  liis  testament  in  his  hands,  his  eyes  would  be 
dropped  to  it  in  a  moment,  and  occasionally  wander 
with  a  wild  look  towards  the  open  window  in  front  of 
liis  cell. 

His  Costnme. 

He  wore  nothing  hut  a  white  linen  shirt  and  a  grey 

Eair  of  pants.     The  long  irons  upon  his  hands,  which 
e  had  worn  during  the  trial,  were  not  removed. 

A  Partial  Confession. 
Atzeroth  made  a  partial  confession  to  the  Rev.  Mr. 
But'.er.  a  few  hours- before  his  execution.  He  stated 
that  he  took  a  room  at  the  Kirkwood  House  on  Thurs- 
day afternoon,  and  was  engaged  in  endeavoring  to  get 
a  pass  toRichmond.  He  then  heard  the  President  w.is 
to  be  taken  to  the  thentre  and  there  captured.  He 
said  he  understood  that  Buoth  was  to  rent  the  theatre 
for  the  put-pose  ol  carrying  out  the  plot  to  capture  tlie 
then  President.  He  stated  that  Harold  brought  the 
pistol  and  kni^  to  the  Kirkwood  House,  and  that  he 
(Atzeroth)  had  nothing  to  do  with  the  attempted  assas- 
sination of  Andrew  Johnson. 

Harold  to   Blave  Murdered  Mr.  Johnson. 

Booth  intended  that  Harold  should  assassinate 
Johnson,  and  he  wanted  him,  Atzeroth.  to  back  him 
up  and  give  him  courage.  Booth  thought  that  Harold 
bad  more  plucji  than  Atzeroth. 

The  ©rag-inal  Plot. 

pre  alluded  to  themeetingat  the  restanrant  about  the 
middle  of  JIarch.  He  said  Booth,  Harold.  Payne. 
Arnold  and  liimself  were  present  and  it  was  then  con- 
certed that  Mr.Lincoln  should  be  caiJtured  and  takeo  to 
Richmond. 

They  heard  that  Lincoln  was  to  visit  a  camp  near 
'Washington,  and  the  plan  was  th.at  they  should  pio- 
ceed  there  and  capture  the  coach  and  horses  contain- 
ing Lincoln,  and  run  him  through  Prince  George's 
county  and  OKI  Fields  to  G.  B.  There  they  were  to 
leave  the  coach  and  horses  and  place  the  President  in 
a  bugg.v  which  Harold  would  haveon  hand,  and  thus 
conve.yhimto  a  boat  to  be  in  readiness,  and  run  himby 
some  means  to  Richmond.  He  denies  that  he  was  in 
favor  of  a.s<assinating  Lincoln,  but  was  willing  to  as- 
Bist  in  his  capture. 

His  Knowledgre'Of  the  Assassination. 

He  stated,  however,  that  he  knew  Lincoln  was  to  be 
assa.ssinated  about  half-past  eight  o'clock  on  the  even- 
ing of  the,occurrence,  but  was  afraid  to  make  it  known 
as  he  feared  Booth  would  kill  him  if  he  did  so. 

The  Influence  of  Slavery. 

He  said  that  slavery  caused  his  sympathies  to  be 
with  the  South.  He  had  heard  a  sermon  preached 
which  stated  that  a  curse  on  the  negro  race  had  turned 
them  black.  Healways  hated  the  negroes,  and  thought 
tjjey  should  be  kept  in  ignorance. 

Booth  had  promised  him  that  if  their  plan  succeeded 
for  the  capture  of  Lincoln  tliey  should  all  be  rich  men. 
ivud  iney  would  become  great .  The  prisoners  would 


all  be  exchanged,  and  the  independence  of  the  South 
would  be  recognized  and  their  cause  be  triujuphaot. 
He  liaa  never  received  any  money  as  yet. 

Eleven  O'clock. 

The  crowd  Incroa-ses.  Reporters  are  scribbling  in- 
dustriously. A  suppressed  whisper  is  audioie  all  over 
the  room  and  the  hall  as  the  hour  draws  nearer,  and 
the  prejiarations  begin  to  be  more  demonstrative 

'J'lie  rumbling  sound  of  the  trap  as  it  falls  in  the 
course  of  the  experiments  which  are  being  made  to 
test  It,  and  to  prevent  any  unortunate  accident  occur- 
ring at  the  critical  moment,  is  heard  through  the  win- 
dows, and  all  eyes  are  involuntarily  turned  in  that 
direction,  lorcuriosity  is  excited  to  the  highest  pitch 
to  view  the  operations  of  the  fatal  machinery.  There 
are  two  or  three  pictorial  papers  represented.  One 
calmly  makes  a  drawing  of  the  scaffold  for  the  next 
issue  ol  his  paper,  and  thus  the  hours  till  uoou  passed 
away.  ^ 

Twelve  O'clock. 

The  bustle  increases.  Officers  are  running  to  and  fro 
calling  lor  orderlies  and  giving  orders.  General  Har- 
tranft  is  trying  to  answer  twenty  questions  at  once  from 
as  many  clitlerent  persons.  Thesentry  in  tlie  hall  is  be- 
C9ming  angry  because  thecrowd  will  keep  intrudingon 
his  beat,  when  suddenly  a  buggy  at  the  door,  annoua- 
ces  the 

Arrival  of  General  Hancock. 

He  enters  the  room  hurriedly,  takes  General  Hart- 
ranft  aside,  and  a  few  words  pass  between  them  in  a 
low  tone,  to  which  Harlranft  nods  acquiescence-  then 
in  a  louder  voice.  Hancock  says.  'Get  ready.  General': 
I  want  to  have  everything  put  in  readiness  as  soon 
as  possible.  '  This  was  t:<e  signal  for  the  interviews 
ot  the  clergj-men,  relatives  and  friends  of  the  pri- 
soners to  cease,  and  lor  the  doomed  to  prepare  lor 
execution. 

The  bustle  increases.  Mr.  Aiken  approaches  Gen. 
Hancock  and  a  few  minutes' conversation  passes  be- - 
tween  them.  Aiken's  countenance  changes  percep- 
tibly at  Gen.  Hancock's  words.  The  reason  is  plain; 
there  is  no  hope  for  Mrs.  Surratt.  Tne  habeas  corpus 
movement,  trom  which  he  expected  so  much,  has 
faied.  and  Aiken,  in  a  voice  tremulous  with  emotion, 
said  to  your  correspondent,  "Mrs.  Surratt  will  be 
hung." 

The  bright  hopes  he  had  cherished  had  all  vanished 
and  the  dreadlul  truth  stood  before  him  in  all  its  hor- 
ror.   Clampitt,  too,  till  General  Hancock  arrived,  in- 
j  dulged  the  hope  that  the  habeas  corpus  would  etiect  a 
respite  lor  three  or  iour  days. 

One  O'clock. 

Three  or  four  of  Harold's  sisters,  all  in  one  chorus  of 
!  weeping,  come  through  the  prison  door  info  the  hall. 
1  1  hey  had  lett  their  brother  and  spoken  to  him  the  last 
]  words,  and  heard  his  voice  for  the  last  time 

At  fifteen  minutes  alter  one  o'clock  General  Hart- 
rantt  blandly  iniorms  the  "press  gang  '  to  be  in  readi- 
1  ness  lor  the  prison  doors  to  be  opened,  when  thev  can 
1  pass  into  the  prison  yard,  from  whc;nce  a  good  view  of 
the  processiou  can  be  o'otained  as  it  passes  by 'o  ilie 
soaliold.  About  U  A.  M.  the  prison  j-ard  was  "thrown 
open  to  those  having  passes,  and  about  fiftv  entered. 
Ihe  lirst  object  in  view  wtvs 

The  Scaflbld, 

"Which  was  erected  at  the  northeast  corner  of  the  Peni- 
temiary  yard,  and  consisted  of  a  simple  wooden  struc- 
ture of  very  primitive  appearance,  faced  about  due 
west.  The  plattorm  was  elevated  about  twelve  feet 
from  the  ground,  and  was  about  twenty  feet  square. 
Attached  to  the  main  piatlorm  were 

The  Drops,  &C., 

Two  In  number,  on  which  the  criminals  stood.  At  the 
moment  of  execution  these  drops  were  connected  with 
the  main  platlorni  by  means  of  large  binges,  four  to 
each  drop. 

The  drops  were  supported  by  a  post  which  rested  on 
a  heavy  piece  of  timber  placed  on  the  ground,  and 
so  arranged  that  two  soldiers  stationed  at  the  rear 
of  the  scall'old  instantaneously  detached  the  support!} 
from  their  positions  b.v  means  of  pressing  two  poles, 
which  occupied  a  horizontal  position,  the  action  of 
which  dislodged  the  props  of  the  scaffold  and  permit- 
ted the  drops  to  lall. 

The  gallows  proper  was  divided  into  two  parts  by 
meiaisof  a  perpendicular  piece  of  timber,  resting  on 
the  platform  and  reaching  up  to  the  cross-beam  of  the 
gallows.  Two  ropes  hung  on  either  side  of  the  piece 
01  timber  mentioned.  They  w-ere  wound  around  the 
cross-beam,  and  contained  large  knots  and  nooses  at 
the  lower  end.  The  platform  was  ascended  by  means 
of  a  flight  of  steps,  thirteen  in  number,  erected  at  the 
rear  of  the  scaffold,  and  guarded  on  either  sidebva 
railing,  which  also  extended  around  the  platform. 
The  platform  was  sustained  by  nine  heavy  uprights, 
about  which  rose  the  two  heavy  pieces  of  timber 
which  supiiorted  the  cross-beam  "and  constituted  the 
gallows.  The  entire  platlbrm.was  capable  of  holding 
conveniently  about  thirty  peopje,  and  was  about  half 
full  at  the  lime  of  the  execution. 


TRIAL    OF   THE   ASSASSINS    AT  WASHINGTON. 


207 


The   Executioners. 

Wm.  CoxhPll.  D.  F.  Shoupe.  G.  F.  Tavlor  and  F.  B. 
Haslett.  all  of  Company  F,  Fourteenth  Veteran  Re- 
serves were  detailed  to  net  as  executioners.  They 
were  all  fine  stalwart  specimens  of  Union  soldiers  and 
did  Lheir  work  well.  The  I'ope  was  furnished  Ircim  the 
Navy  Yard,  and  was  one-and-a-half  inches  ixi  circum- 
ference and  composed  of  twenty  strands. 

The  Graves, 

Four  in  number,  were  dus  close  to  the  scaffold  and 
ne.xt  to  the  prison  wall.  They  were  four  in  number, 
and  were  about  three  feet  and  a  half  deep,  in  a  dry 
clayey  soil,  and  about  seven  fei't  long  and  three  wide. 
Four  pine  boxes,  similar  to  those  used  for  paeUing 
Kuns  iu,  stood  between  the  ptrave?  and  the  scadbld. 
These  were  lor  Coffins,  bo'h  bein«  in  full  view  of  the 
prisoners  as  they  emerged  from  their  cells,  and  before 
them  until  they  commenced  the  dreadful  ascent  of 
those  thirteen  steps. 

About  a  thousand  soldiers  were  in  the  yard  and  upon 
the  high  wall  around  it,  which  is  wide  enough  for  son- 
tries  to  ))atrol  it.  The  sun's  rays  made  it  very  ojipres- 
sive.  aud  the  walls  kept  off  the  little  breezethat  was 
Stirring.  There  was  no  shade,  and  men  huddled  to- 
gether along  the  w;Uls  and  around  the  pump  to  discuss 
with  one  another  the  prospect  of  a  reprieve  or  dela.y  for 
jVIrs.  Surralt.  But  lew  hoped  (or  it,  though  some  were 
Induced  by  Mrs.  aurratt's  counsel  to  believe  slio  would 
not  be  hung  to-day.  When  one  of  them  cama  out  and 
saw  the  four  ropes  hanging  from  the  beam  he  ex- 
Claimed  to  one  of  the  soldiers,  "My  God,  they  are  not 
going  to  hang  all  four,  are  they?" 

But  tliere  are  times  when  it  is  mercy  to  hang  crimi- 
nals, and  that  time  was  drawing  nigh,  it  seemed,  for 
those  who  have  been  used  for  years  to  apologizing  for 
the  Kebellion,  and  its  damning  acts,  to  be  brought  to 
believe  that  any  crime  is  to  bo  punished.  Of  such  ma- 
terial were  the  prisoners'  counsel. 

Eleven-thirty. 

The  drops,  at  eleven-thirty,  are  tried  with  three  hun- 
dred pound  weignts  upon  them,  to  see  if  they  will  work. 
One  falls  all  right;  one  hangs  part  way  down,  and  the 
hatchet  and  saw  were  briught  into  play.  The  next 
time  they  were  all  right.  The  rattle  echoes  around  the 
Vv'alls,  it  reaches  the  prisoners'  cellsc  ose  bv,  and  pene- 
trates their  inmost  rece.sse.s.  All  is  quiet  in  the  j'ard 
save  the  scuffle  of  the  military,  and  the  passing  to  aud 
I'ro  of  a  few  civilians. 

Twelve-forty. 

Four  arm  chairs  are  brought  out  and  placed  upon  the 
scallbld,  and  the  moving  around  of  General  Hartranft 
indicates  the  drawing  near  of  the  time.  The  news- 
paper correspondents  .and  reporters  are  admitted  to  a 
position  about  thirty  ieet  from  the  gallows,  and  about 
one  o'clock  and  ten  minutes,  the  heavy  door  in  I'ront 
of  tlie  cells  is  swung  uiion  its  hinges  for  the  hundredth 
time  within  an  hour,  and  a  few  reporters,  with  Gen. 
Hancock,  pass  luand  through  to  the  yard,  and  the  big 
door  clos?s  with  a  slam  behind  them.  All  take  posi- 
tions to  get  a  good  view.  Gen.  Hancock  lor  the  last 
time  takes  a  survey  of  the  preparations,  and  being  sa- 
tished  that  ever.vthing  is  ready,  he  re-enters  the  pri- 
son building,  and  in  a  lew  minutes  _ 

The  Solemn  Procession 

Blarched  down  the  steps  of  the  back  door  down  into 
the  yard,  iu  the  tbllowing  order  :— The  condemned, 
Mrs.  .surratt,  supported  by  Lieuten mt-L'.ilonel  Me- 
Call,  Two-hundredth  Penns.vlvania  Regiment,  on  her 
left  uide,  aud  Sergeant  W.  R.  Kennoj'.  Company  A, 
Twelfth  Veteran  Reserve  Corps;  Fathers  Walker  and 
'Weigel  walking  together.  Harold,  accompanied  by 
Sergeant  Thomas,  Company  B.  Eighteenth  Veteran 
Reserve  Corps,  aud  an  olUcer  attached  to  Col.  Baker's 
Detective  lorce.  Payne,  accompanied  by  Sergeant 
Grover.  Company  U,  Eighteenth  Veteran  Reserve 
Corps,  and  one  of" Colonel  Baker's  detectives. 

Aizeroth,  attended  bj'  Sergeant  White,  Fourteenth 
Veteran  Reserve  Corps,  and  one  of  Baker's  detectives. 
Mrs.  siurratt.  on  emerging  Irom  the  back  door,  cast 
her  eyes  upward  upon  the  scaffold  for  a  few  moments 
with  a  look  of  curiosity,  combined  with  dread.  One 
glimpse,  and  her  eyes  fell  to  the  ground,  and  she 
walked  along  mechanicall.v,  her  head  drooping,  and 
if  she  had  not  been  suppoited  would  have  fallen. 

Appearance  aud  Demeanor  of  Mrs.  Sur- 
ratt. 

She  ascended  the  scaffold,  and  was  led  to  an  arm- 
chair, in  which  she  was  seated.  An  umbrella  was 
held  over  her  by  the  two  holy  fathers,  to  protect  her 
from  the  sun.  whose  rays  shot  down  like  the  blasts 
from  a  tior.v  furnace.  She  was  attired  in  a  black  bom- 
bazine dress,  black  alpaca  bonnet,  with  black  veil, 
which  she  woreover  her  face  till  she  was  seated  on  the 
chair.  JJuring  the  reading  of  the  order  for  the  e.tecu- 
tiou  by  General  Hartranft,  the  priests  held  a  small 
crucih.'i  beiore  her,  which  She  kissed  fervently  several 
times. 


She  first  looked  around  at  the  scene  before  her,  then 
closed  her  eyes  and  seemed  engaged  in  silent  jiraver. 
The  reading  and  the  announcement  of  the  cleri^yrijcn 
in  behalf  of  the  other  prisoners  having  been  made. 
Colonel  McCall,  assisted  bv  the  other  offlcers,  pro- 
ceeded to  remove  her  bonnet,  piniou  her  elbows,  and 
tiostrips  of  cotton  stuff  around  her  dress  below  the 
knees.  This  done,  the  rope  was  jilaced  around  her 
neck  and  her  face  covered  with  a  white  cap  reaching 
down  to  tho  shoulders. 

When  they  were  pinioning  her  arms  she  turned  her 
head  and  made  some  remarks  to  th(!  olliccrsin  alow 
tone,  which  could  not  be  heard.  It  aiJpeared  they 
had  tied  her  elbows  too  tight,  for  thev  slackened  the 
bandage  slightly,  and  then  awaited  the  final  order. 
All  the  prisoners  were  prepared  thus  at  the  sametime. 
and  the  iireparations  ol  each  were  completed  at  about 
the  same  nionicnt,  so  that  when  Blrs.  Surratt  was 
thus  pinioned  she  stood  scarcely  ten  seconds. supported 
by  those  standing  near  her,  when  General  Hartranft 
gave 

The  Sig^nal, 

By  clapping  his  hands  twice  for  both  drops  to  fall,  and 
as  soon  as  the  second  and  last  signal  was  given  both 
f  11,  and  Mrs.  Surratt,  with  a  jerk,  fell  -to  the  full 
length  of  the  rope.  It  w.as  done  as  quick  as  lightning. 
She  was  leaning  over  when  the  drop  fell,  and  this 
gave  a  swinging  motion  to  her  body,  which  Listed 
several  minutes  beiore  it  assumed  a  i)erpendicular  po 
sitlon.  Her  denth  was  instantaneous;  she  d  ed  with- 
out a  struggle.  The  onl.v  muscular  movement  discern- 
ablewas  aslightc  niraction  of  the  leftarm,  which  she 
seemed  to  try  to  disengage  from  behind  her  as  the  drop 
fell. 

After  being  suspended  thirty  minutes,  she  was  cut 
down  and  placedjn  asquare  wooden  boxorcollin,  in 
the  clothes  in  which  she  died,  and  was  interred  in  the 
prison  yard.  The  rope  madoaclean  cut  around  her 
neck  fully  an  inch  in  diameter,  which  was  black  and 
discolored  with  bruised  blood.  The  cap  was  not  taken 
otTher  lace,  and  she  was  laid  in  the  cotlin  withiton, 
and  thus  has  passed  away  from  the  face  of  the  earth 
Mary  E.  Surratt.  Her  body,  it  is  understood,  will  be 
given  to  her  family  lor  burial. 

The  Bearins:  of  Payne  on  the  Scafroltl. 

Payne  died  as  he  has  lived,  at  least  as  he  has  done 
since  his  arrest,  bold,  calm  and  thoroughly  composed. 
The  only  tremor  exhibited  by  this  extraordinary  man 
during  the  terrible  ordeal  of  the  execution  was  an  in- 
voluntary vibration  of  the  muscles  of  his  legs  al'tor  the 
fatal  drop  fell.  Hewasne.xt  in  order  to  Mrs,  Surratt 
in  the  procession  of  the  criminals  from  their  cells  to 
the  place  ot  execution. 

He  was  supported  on  one  side  by  his  spiritual  ad- 
viser and  on  the  other  by  a  soldier,  although  he 
needed  no  such  assistance,  for  he  walked  erect  and 
upright  and  retained  the  peculiar  piercing  expression 
of  the  e^-e  that  has  ever  characterized  him.  He  was 
dressed  in  a  blue  flannel  shirt  and  pants  of  the  same 
material.  His  brawny  neck  was  entirel.v  exposed,  and 
he  wore  a  new  straw  hat.  Ho  ascended  "the  steps  lead- 
ing to  the  scalfold  with  the  greatest  ease,  and  took  his 
seat  on  the  drop  with  as  much  sanofroid  as  though  he 
wassittingdown  to  dinner. 

Once  or  twice  he  addressed  a  few  words  in  an  under- 
tone to  persons  close  by  him.  and  occasionall.v  glanced 
at  the  array  of  soldiers  and  civilians  spread  out  beiore 
him.  A  pulfof  wind  blew  ofl'hishat,  and  be  instantly 
turned  around  to  see  where  it  went  to.  When  it  was 
recovered  and  handed  to  him,  he  intimated  bygcs- 
tu;iiig  that  he  no  longer  required  it,  and  it  was  laid 
aside. 

During  the  re.ading  of  the  sentence  by  General  Hart- 
ranft. just  previous  to  the  execution,  he  calmly  lis- 
tened, and  once  or  twice  glanced  upwards,  atthegal- 
lowsa;  if  insix'Cting  its  construclion.  Hesubmltted  to 
the  iirocess  of  binding  his  limbs  very  quietly,  and 
watched  the  opfration  with  attention. 

His  spiritual  adviser.  Rev.  Dr.  Gillette,  advanced,  a 
few  minutes  previous  to  the  execution,  and  made 
s  )me  rtMnarks  in  X'ayne's  behalf.  Ho  iliauked  the 
ditl'eront  iillicials  lor  the  attention  am)  kindiie-s  be- 
stowed on  Payne,  and  exiiorted  the  criminal  in  a  few 
impassioned  words  to  give  his  I'utire  thoughts  to  his 
futurc^state.  Paynestood  immovjible  as  a  statue  when 
the  drop  fell.  .Mthough  next  to  Harold  who  died  the 
hardi'st.  he  exhibited  more  bodil.v contortions  than  the 
others  while  suspended.  While  the  iioo  e  was  being 
adjusted  to  his  neck  Payne  r.iised  his  he.id  and  evi 
dentiv  di'sired  to  assist  the  e.veculiouer  in  that  delicate 
operation. 

The  IT^nst  Moments  of  Ifarol<l. 

Probably  no  one  of  the  criminals  felt  as  great  adroad 
of  the  ten  ible  ordeal  ihrongli  which  they  were  to  pass 
as  young  Harold.  From  the  time  he  left  his  cell  until 
his  soul  was  sent  into  the  presence  of  the  Almighty,  he 
exhibited  the  greatest  emotion,  and  seemed  to  tho- 
roughl.v  realize  his  wretched  condition.  His  face  wore 
an  indefinable  expression  of  anguish,  and  at  times  he 
trembled  violently.  He  seemed  to  desire  lo  enga-^-e  in 
conversation  witli  those  around  him  wliile  sining  in 
.  the  chair  awaiting  execution,  and  hisspiritual  adviser, 


208 


TRIAL   OF  THE  ASSASSINS  AT  WASHINGTON. 


Eev.  Mr.  Old,  was  assiduous  In  bis  attentions  to  the 
viftclipd  man. 

Harokl  was  dressed  in  a  black  cloth  coat  and  light 
punts,  and  woro  a,  white  shirt  without  any  collar;  lie 
wore  also  a  black  slouch  hat,  which  he  retained  on  his 
head  until  it  was  removed  lo  make  roomlbr  the  white 
Cap.  At  limes  he  looked  wildly  around  and  his  laco 
had  a  haggard,  an.'cious,  inquiring  expression.  When 
the  drop  lell  hee.\hibited  moreteiiaciiyot  lile  than  any 
ot'lheothers.and  he  endeavored  several  times  todraw 
himseUui)  as  if  i\iT  the  purpose  of  relieving  himself 
Irom  the  rope  i>y  which  lie  was  suspended. 

Atzerotli  oil  the  Scaflbld. 

Tie  ascended  the  steps  of  the  scaffold  without  diffl- 
culty  and  took  his  seat  at  the  south  end  of  the  drop 
w.tlioiit  e.vliibitiiig  any  particular  emotion.  lie  was 
dressed  in  a  dark  grey  coat  and  pants  and  black  vest 
and  white  hneii  shirt  without  any  collar;  on  his  feet 
he  W'Ore  a  pair  of  woolen  slippers  "and  socks.  He  sat 
in  such  a  position  that  he  could  see  tlie  profiles  of  his 
fellow  prisoners,  and  he  had  his  hands  pinioned  be- 
hind liim.  He  wore  no  hat,  had  a  white  handkerchief 
placed  over  his  head,  with  a  tuit  of  hair  protruding 
Irom  it  and  spreadiULc  over  his  forehead. 

Directly  beliind  him  stood  his  spiritual  adviser,  who 
held  an  umbrella  over  him  to  keep  olf  the  burning 
rays  of  the  sun.  During  the  reading  of  the  sentence 
by  General  llartranft  he  kept  perfectly  quiet,  but  his 
face  wore  an  expression  of  unutterable  woe,  and  he 
listened  attentivel.v.  Ue  wore  a  thin  moustache  and 
small  goatee  ami  his  face  was  pale  and  sallow.  Once 
and  once  only  he  glanced  around  at  the  assembled 
throng,  and  occasionally  muttered  incoherent  sen- 
tences, but  he  talked,  while  on  the  scaffold,  to  no  one 
immediately  around  him. 

Just  before  his  execution  his  spiritual  adviser.  Mr. 
Butler,  advanced  and  stated  that  Atzeroth  desired  to 
return  his  sincere  thanks  to  General  Hartranftand  the 
other  olHcials  for  the  manj' acts  of  kindness  extended 
towards  him.  He  then  called  on  God  to  forgive  George 
A.  Atzeroth  for  his  many  sins,  and,  turning  to  Atze- 
roth, reminded  him  that  while  the  wages  of  sin  were 
death,  that  whomsoever  placed  their  hope  in  the  Lord 
Jesus  Christ  were  not  forgotten.  He  hoped  that  God 
would  grant  him  a  full  and  free  forgiveness,  and  ended 
bysaying  "May  the  Lord  God  have  mercy  on  you  and 
grant  you  his  peace." 

The  liandkercliief  was  then  taken  from  his  head, 
and  he  stood  up.  facing  the  assembled  audience,  di- 
rectly  alongside  of  the  instrument  of  his  death.  His 
knees  slightly  trembled,  and  his  legs  were  bent  for- 
ward. He  stood  lor  a  lew  moments  the  very  em- 
bodiment of  wretchedness,  and  then  spoke  a  few 
words  in  an  undertone  to  General  Hartranfl,  after 
which  he  shook  hands  with  his  spiritual  adviser  and  a 
few  others  near  him;  while  he  was  being  secured  with 
bands  tied  around  his  legs  and  arms  he  kept  mutter- 
ing to  himself  as  if  engaged  in  silent  praver. 

Suddenly  he  broke  forth  with  the  words,  "Gentle- 
men, beware  who  you— "  and  then  stopped  as  if  with 
emotion;  as  the  white  cap  was  being  placed  over  his 
head,  he  cried.  Then  he  said.  "Good  bye,  gentlemen, 
who  are  before  me  now.  may  we  all  meet  in  the  other 
world  ;  God  take  me  now."  He  muttered  something 
loud  enough  for  them  close  by  him  to  hear,  just  as  the 
drop  lell,  evidently  not  anticipating  such  an  event  at 
that  moment.  He  died  without  apparent  paJn,  and 
his  neck  must  have  been  instantly  broken. 

After  hanging  a  few  seconds  his  stomach  heaved 
considerably,  and  subsequently  his  legs  quivered  a 
little.  His  death  appeared  to  lie  the  easiest  of  anv  of 
the  criminals,  with  the  exception  of  Mrs.  Surratt,  who 
did  not  apparently  suffer  at  all.  After  hanging  a  half 
an  hour,  At/.eroih's  body  was  taken  down,  it  being  the 
first  one  lowered,  and  an  examination  made  by  Sur- 
geons Otis,  Woodward  and  Porter. 

Incidents  at  the  White  House. 

About  half-past  eight  o'clock  this  morning.  Miss  Sur- 
ratt. accompanied  by  a  female  friend,  again  visited  tiie 
White  House,  having  been  there  last  evening  for  the 
purpose  lif  obtaining  an  interview  with  the  President. 
President  Johnson  having  given  orders  that  he  would 
receive  no  one  to-day.  the  door-keeper  stopped  Miss 
Surratt  at  the  foot  of  the  steps  leading  up  to  the  Presi- 
dent's otiice,  and  would  not  permit  her  to  proceed 
further.  She  then  asked  permission  to  see  General 
Mussey.  tbe  President's  Military  Secretary,  who 
promptly  answered  the  summons,  and  came  down 
stairs  where  Miss  Surratt  was  standing. 

As  soon  as  the  General  made  his  appearance,  Miss 
Surratt  threw  herself  upon  her  knees  belorehim, 
catching  him  by  the  coat,  with  loud  sobs  and  streaming 
eyes,  implored  him  to  assist  her  in  obtaining  a  hearing 
with  the  I'rosident. 

General  Mussey.  in  as  tender  a  manner  as  possible, 
informed  Miss  Surrait  that  he  could  not  comply  with 
her  request,  as  President  Johnson's  orders  we're  im- 
perative, and  he  would  receive  no  one. 

Upon  General  Musoeys  returning  to  his  office  Miss 
Surratt  threw  herself  upon  the  stair  steps,  where  she 
remained  a  considerable  length  of  time,  sobbing  aloud 
in  thegrcatcst  anguish,  protesting  her  mother's  inno- 
cence, and  imploring  every  one  who  came  near  her  to 
intercede  in  her  mother's  behalf.  While  thus  weeping 
Bhe  declared  her  mother  was  too  good  and  kind  to  be 


guilty  of  tbe  enormous  crime  of  which  she  w;is  con- 
victed, and  asserted  that  if  her  mother  was  put  to 
death  she  wished  to  die  also. 

Tne  scene  was  heart-rending,  and  manv  of  those  who 
witnessed  it,  including  a  number  of  hardv  soldiers, 
were  moved  to  tears.  Miss  Surratt  having  become 
quiet  was  tinallv  persuaded  to  take  a  seat  in  the  Kust 
Itoom,  and  here  she  remained  for  several  hours,  jump- 
ing up  from  her  seat  each  time  the  front  door  of  the 
mansion  was  opened,  evidently  in  hopesof  seeingsome 
one  enter  who  could  be  of  service  to  her  in  obtaining 
the  desired  interview  with  the  President,  or  that  they 
were  the  bearers  of  good  news  to  her. 

Two  of  Harold's  sisters,  uressed  in  full  mourning 
and  neaviiy  veiled,  made  their  appearanc*-  ut  the 
White  House  shortly  after  Miss  Surratt.  for  the  pur- 
pose of  interceding  with  the  President  in  behalf  of  their 
brother.  Failing  to  see  the  President,  they  addressed 
a  note  to  Mrs.  Johnson,  and  expressed  a  hope  that  she 
would  not  turn  a  deaf  ear  to  their  pleadings.  Mrs. 
Johnson  being  quite  sick  it  was  thought  expedient  by 
the  ushers  not  to  deliver  the  note,  when,  as  a  last 
expedient,  the  ladies  asked  permission  to  forward  a 
note  to  Mis.  Patterson,  the  President's  daughter, 
which  privilege  was  not  granted,  as  Mrs.  Patterson  is 
also  quite  indisposed  to-day. 

How  the  Prisoners  Si>ent  the  Xi^ht. 

Payne,  during  the  night,  slept  well  for  about  three 
hours,  the  other  portion  of  the  night  being  spent  in 
conversation  with  Rev.  Dr.  Gillette,  of  the  First  Bap- 
tist Church,  who  offered  his  services  as  soon  as  he  w;is 
informed  of  the  sentence.  Payne,  without  showing 
any  particular  emotion,  paid  close  attention  to  the  ad- 
vice of  Dr.  Gillette.  Up  to  ten  o'clock  this  morning, 
no  relations  or  friends  had  been  to  see  Payne. 

Atzeroth  wa-s  very  nervous  throughout  the  night, 
and  did  not  sleep,  although  he  made  several  attempts. 
His  brother  was  to  see  him  jesterdav  afternoon,  and 
again  this  morning.  His  aged  mother,  who  arrived 
during  the  night,  was  also  present.  The  meeting  of 
the  condemned  man  and  his  mother  was  verv  affect- 
ing, and  moved  some  of  the  officers  of  the  prison,  who 
have  become  used  to  tryins  scenes,  to  tears. 

Rev.  Dr.  Butler,  of  the  Lutheran  Church,  was  sent 
for  last  night,  and  has  been  all  night  ministering  to 
Atzeroth.  Harold  was  visited  yesterday  bv  Rev.  Mr. 
Olds,  of  Christ  Episcopal  Church,  and"  five  of  his  sis- 
ters, and  this  morning  the  minister  and  the  entire 
family  of  seven  sisters  were  present  with  him.  Ha- 
rold slept  very  well  several  hours  durinst  tne  night. 

Miss  Surratt  was  with  her  mother  several  hours  last 
night,  as  also  Rev.  Fathers  Wiget  and  Walter,  and 
Mr.  Brophy.  who  were  also  present  this  morning.  She 
slept  very  little  if  any,  and  required  considerable  at- 
tention, suffering  wMth  cramps  and  pains  the  entire 
night,  caused  by  her  nervousness.  The  breakfast  was 
sent  to  the  prisoners  at  the  usual  hour  this  morning, 
but  none  eat,  excepting  Payne,  who  ate  heartili*. 

I>ispositiou  of  the  military. 

Major-General  Hartranft  made  the  following  dispo- 
sitions of  the  military  on  the  occasion:— The  Si.\th 
Regiment  "\'eteran  Volunteers,  Major  Lawner,  were 
stationed  on  Four-and-a-half  street,  from  the  gate  of 
Penitentiary  grounds  to  Pennsylvania  avenue:  tbe 
First  Regiment  Veteran  Volunteers,  Colonel  Bond, 
were  on  duty  inside  the  Penitentiary  yard,  and  formed 
the  guard  around  the  gallows. 

The  Fourth  Regiment  Veteran  Volunteers  were 
stationed  on  the  wall  surrounding  the  yard,  and  the 
Kighth  Regiment  Veteran  Volunteers.  Colonel  Price, 
werestationed  along  the  Potomac  River,  to  prevent  the 
landing  of  boats  on  the  shore  of  the  Penitentiary 
grounds.  The  Sixteenth  New  York  Cavalry  were  also 
on  duty  near  the  Penitentiary  building.  About  three 
thousand  troops  were  employed  in  eruarding  the  build- 
ing and  its  surrounding. 

The  Exeention  Gronnd 

Was  a  large  square  inclosure.  called  the  Old  Peniten- 
tiary jail  yard,  directly  south  of  the  Old  Penitentiary 
building.  It  comprises  probablv  three  acres  of 
ground,  surrounded  by  a  brick  wall,  about  twenty 
feet  in  height. 

This  wall  is  capped  with  white  stone  and  surmounted 
with  iron  stakes  and  ropes  to  prevent  the  guard  from 
falling  off  while  patrolling  the  tops  of  the  wall.  The 
Sixth  Regiment  Veteran  Volunteers  were  formed  on 
the  summit  of  the  wall  during  the  execution,  and  thev 
presented  quite  a  picturesque  appearance  in  their  ele- 
vated position. 

The  gallows  occupied  a  position  in  the  angle  of  the 
inclosure  formed  by  the  east  wall  and  the  Peniten- 
tiary building  on  the  north.  The  First  Regiment 
Veteran  Volunteers  were  posted  around  the  gallows, 
two  sides  being  formed  by  the  east  wall  and  the  Peni- 
teutiary  building. 

The  Spectators, 

About  two  hundred  in  number,  were  congregated  di- 
rectly in  front  of  the  gallows,  the  soldiers  forming  a 
barrier  between  them  and  the  place  of  execution.  The 
criminals  were  led  to  the  scaffold  from  a  small  door 
about  one  hundred  feet  from  the  place  of  execution. 
But  for  a  small  projection  that  runs  south  of  the  Peui- 


TRIAL   OF   THE   ASSASSINS  AT  W^SHINGTOX. 


209 


tontiary  buildinpr.  tlie  gallows  would  be  in  plain  view 
ot  tlie  prisoners'  cells,  which  are  all  on  the  lirst  floor 
of  the  building. 

It  was  a  noticeable  incident  of  the  execution  that 
scarcely  any  Government  oliicials  or  citizens  were 
present,  the  spectators  heiiiG;  nearly  all  connected 
with  the  trial  lu  some  capacity,  or  else  representatives 
of  the  press. 

A  Meart-rcntligig'  Scene. 

By  permission  of  the  authorities,  the  daughter  of 
Mrs.  Snrratt.  passed  the  night  previous  to  tiie  execu- 
tion with  her  mother,  inhercell.  The  entire  interview 
was  of  a  very  alTecting  character.  The  dau,'hter  re- 
mained with  her  mother  until  a  short  time  before  the 
execution,  nnci  when  the  timecame  lor  separation  the 
screams  of  anguish  that  burst  from  tho  poor  girl 
could  be  distinctly  heard  aU  over  the  execution 
ground. 

During  the  morning  the  daughter  proceeded  to  the 
Metropolitan  Hotel,  and  sought  an  interview  with 
Oeneral  Hancock.  Finding  him,  she  implored  in  piti- 
able accents  to  get  a  reprieve  for  her  mother.  The 
General,  of  course,  had  no  power  to  grantor  obtain 
such  u  favor,  and  informed  the  distressed  girl  in  as 
gentle  a  manner  as  possible. 

Ueneral  Hancock,  with  the  kindness  that  always 
characterizes  his  actions  apart  from  the  stern  duties 
o!  his  noble  profession,  did  his  best  to  assuage  the  men- 
tal anguish  of  thegrief-stricksn  girl. 

The  Remaining  Prisoners, 

Amolcl,  Dr.  Mudd,  O'Laughlin  and  Snangler  have 
not  yet  been  informed  of  their  respective  S'^itences, 
nor  do  they  know  that  their  companions  have  been 
executed. 

The  After  Discovered  Testimony. 

The  alleged  important  after  discovered  testimony 
which  Ailicri.  counsel  for  Mrs.  Surratt,  st.ated  would 
prove  her  innocence,w.assubmitted  to .Tudgo  Advocate- 
General  Holt  last  night,  and  after  a  carelul  examina- 
tion.hefaileci  to  discover  anything  in  it  having  a  bear- 
ingon  the  case.  This  was  communicated  ta  the  Presi- 
dent and  doubtless  induced  him  to  decline  to  interfere 
in  the  execution  of  Mrs.  Surratt. 

Scenes  at  tbc  Snrratt  Ilonse. 

The  residence  of  Mrs.  Surratt.  on  H  street,  north, 
noarSi.>:th,  remained  closed  j'esterday  after  the  an- 
nouncement of  her  fate  had  become.known. 

In  the  evening  but  a  single  dim  light  shone  from  one 
of  tho  rooms,  while  within  the  house  all  was  as  quiet 
a.s  death  up  to  about  eight  o'clock,  at  which  hour  Miss 
Annie  K.  Surratt.  who  has  been  in  constant  attend- 
ance upon  her  mother,  drove  up  to  the  door  in  a  hack, 
accompanied  by  a  gentleinan. 

She  appeared  to  be  perfectly  crushed  with  grief,  and 
as  she  alighted  from  the  carriage  some  ladies  standing 
near  were  moved  to  tears  of  sympathy  with  the  un- 
fortunate girl  whose  every  look  and  action  betrayed 
her  anguish. 

Miss  Surratt,  after  gaining  admittance  to  the  house 
fainted  several  times,  causinggreat  bustle  and  excite- 
ment among  the  inmates,  who  were  nntiring  in  their 
elforts  to  cnisole  the  almost  heart-broken  young  lady. 

From  early  in  the  evening  until  a  late  hour  at  night, 
liundrcds  of  jiersons.  old  and  young,  male  and  female, 
visited  the  vicinity  of  Mrs.  Surratl's  residence,  stop- 
ping upon  thoopposit  'Side  of  the  street,  glancing  over 
wi!h  anxious  and  inquiring  eyes  upon  the  house  in 
which  the  conspirators  met, commenting  upon  the  late 
of  the  doomed  woman,  and  the  circumstances  con- 
nected tnerewith. 

During  the  evening  not  less  than  five  hundred  per- 
sons visited  the  spot. 

THE  HABEAS  CORPFS  APPLICATION?. 

At  about  7'i  o'clock  this  mornini:j  the  counsel  for 
Mrs.  Surratt  applied  to  Judge  Wylie,  of  the  Supreme 
Court  of  tho  District  ot  Columbia,  for  a  writ  of  habeas 
corpus,  to  bo  directed  to  Major-General  W.  S.  Hancock, 
to  bring  into  Court  the  body  of  the  prisoner. 
The   Petition. 

The  following  Is  a  copy  of  the  petition:— 
To  the  Hon.  Andrew  Wylie,  one  of  the  .Tusticcs  of 
the  Supreme  Court  of  the  District  of  Columbia.— The 
relition  of  JIary  E.  Surratt,  by  her  counsel,!'".  A.  Ai- 
ken and  ,Tobn  \V.  Clampitt.  most  respectfully  repre- 
sents unt.)  your  Honor,  that  on  or  about  the  17ih 
d;iy  of  April.  A.  D.  lS(i.5,  your  petitioner  was  arrested 
by  tho  military  authorities  of  the  United  States,  under 
the  cnargeof  compKcity  with  the  murderof  Abraham 
I-incoln,  late  President'of  the  United  states,  and  has 
eversincotliat  time  been  and  is  now  cou;iiied  en  said 
charge,  iin'krand  by  virtue  of  the  said  military  power 
of  tho  United  States,  and  is  in  the  special  custody  of 
Jfaior-Gcneral  W.  S.  Hancock,  commanding  Middle 
Military  Division;  that  since  her  said  arre-^t  xour  peti- 
ti' ncr  has  been  tried,  against  her  solemn  protest, 
h.v  a  military  commissi  m.  unlawfully  and  with- 
out    warrant,     convened     by     the     Secretary     of 


War.  as  will  appear  fro  .1  paragraph  f»,  special  orders, 
No.  211,  dated  War  Department,  Adjutant-' leneral's 
Ofllce.  Washington.  M.ay  the  6th,  isii,";.  and  by  said 
Commission,  notwithstanding  her  forma!  jilea  to  the 
jurisdiction  of  the  said  Commission,  is  now  unlawfully 
and  unjustiUably  detained  in  custody  and  sentenced 
to  be  hanged  on  to-morrow,  Ju'y  7,  ISO-"),  between  the 
hours  of  ten  A.  M.  and  two  P.  M.;  your  petitioner 
shows  unto  your  Honor  that  at  the  time 
of  the  commission  of  the  said  oR'ense  she 
w;v3  a  private  citizen  »f  the  United  States, 
and  In  no  manner  connected  with  tho  miliiary 
auihority  of  the  same,  and  tnat  said  offense  was  com- 
mitted within  the  District  of  Columbia,  said  District 
bcing.at  the  lime  within  the  lines  of  the  armies  of  the 
United  States,  and  not  enemy's  territory,  or  under  the 
control  of  a  military  commander  for  the  trial  of  civil 
causes.  But  on  the  contrar.v,  your  petitioner  alleges 
that  the  said  crime  wis  an  oll'ence  simply  against  the 
peace  of  the  United  States,  ijroperly  and  solely  cogni- 
zable under  the  Constitution  and  laws  of  the  United 
Slates. by  the  Criminal  Court  of  this  Disiricf,  and  which 
said  court  was  and  is  now  open  ibr  the  trial  of  such 
crimes  and  ottenses.  Wherefore,  ina'^much'as  the  said 
crime  was  onl.v  an  olVense  against  the  peace  of  the 
United  States,  and  not  an  act  of  war.  inasmuch  as  your 
petitioner  was  a  private  citizen  of  the  same,  and  not 
subject  to  military  jurisdiction,  or  in  any  wise  amena- 
ble to  military  law;  inasmuch  as  said  District 
was  tho  ueaeeful  territory  of  the  United  States, 
and  that  all  crimes  committed  within  such 
territory  are.  under  the  Constitution  and  laws 
of  the  United  Stutes,  to  be  tried  only  before 
its  criminal  tribunals,  with  the  right  of  public  trial  by 
jury.  Inasmuch  as  said  Commission  was  a  Military 
Commission,  organized  and  goverened  by  the  laws  of 
Jlilitar.v  Court-Martial,  and  unlawfull.y  convened 
without  warrant  or  authority,  and  when  slie  had  not 
the  right  of  public  trial  by  jury  as  guarantied  to  her  by 
the  Constitution  and  laws  of  the  United  States,  that, 
therefore,  her  detention  and  sentence  are  so  with- 
out warrant  against  positive  law  and  unjustifi- 
able: wherefore  she  prays  your  honor  to  grant 
unto  her  the  United  Slates,  most  gracious 
writ  of  habeas  corpus  commanding  the  said  Jfajor- 
General  W.  S.  Hancock  to  produce  be!bre  your  Honor 
the  body  of  your  said  petitioner,  with  tho  cause  and 
dav  of  her  said  deteiitiou,  to  abide.  Ac.  and  she  will 
everprav.  MARY  E.  SUIIRATT. 

By  Frederick  A.  Aikex,  Jno.  W.  Cl.\iipitt. 

Indorsement  by  the  Conrt. 

Indorsed— "Let  the  writ  issue  as  prayed,  returnable 
before  the  Criminal  Court  of  the  District  of  Columbia, 
now  sitting,  at  tho  hour  of  ten  o'clock  A.  M.,  this 
seventh  day  of  July,  I8U5. 

'■  ANDREW  WYLIE, 
"A  Justice  of  the   Supreme  Court  of  the  District  of 

Columbia,  July.  7th.  18(35." 

The  writ  was  accordingly  issued  and  at8'<  o'clock  A. 
M.  the  Marshal  returned  the  same  served.  The  Mar- 
shal reported  that  General  Hancock  had  not  yet  ap- 
peared and  it  was  now  past  the  hour  for  his  appear- 
ance. The  District  Attorney  suggested  certain  objec- 
tions to  theproceedincs. 

Tho  counsel  for  Mrs.  Surratt  stated  that  if  his  client 
was  guilty  of  any  crime,  it  was  cognizable  by  this 
Court,  and  not  by  a  military  tribunal.  District  Attor- 
ney Carringtou,  after  reading  tho  certilicate  of  the 
Marshal,  setting  forth  that  ho  had  served  the  writ  at 
half-past  eight  o'clock,  said  ho  was  only  to  defend  the 
act  of  the  Marshal,  and  the  duty  required  of  him  by 
direction  of  the  Court,  and  he  found  that  the  Marshal 
had  perlormed  his  duty. 

TheCourtsaid:— The  case  Is  now  here  on  its  merits 
on  the  petition  of  the  party.  This  morning  at  an  carl.v 
hour  I  directed  this  writ  of  habeas  corpus  to  issue.  The 
writ  was  issued,  and  was  served  on  General  Hancock, 
who  has  the  custody  of  Mrs.  Surratt.  the  party  on 
whose  behalf  the  writ  was  obtained.  Tho  writ  re- 
quired him  to  have  the  body  of  Mrs.  Surratt.  with  the 
causeof  her  detention,  before  this  Court  this  morning 
at  ten  o'clock.  He  has  neglected  to  obey  the  order  of 
the  Court,  and  the  question  now  before  us  Is.  "what  is 
the  Court  to  do  under  the  circumstances?" 

That  Is  the  only  question  before  the  Court  at  this 
time.  Any  discussion  on  the  merits  Involved  would 
now  be  out  of  place.  The  Court  ackn  iwledges  thai 
its  powers  are  inadequate  to  meet  the  military  power 
possessed  by  General  Hancock.  If  the  Court  were  to 
decide  at  this  moment  that  General  Hancock  %va9  in 
contempt  the  only  process  which  it  would  issue  would 
bean  attachment  lor  the  disregard  of  Its  authority. 
But  why  issue  an  attachment  against  the  whole  millr 


210 


TRIAL    OF  tfllE   ASSASSINS   AT   WASHINGTOX. 


tary  power  of  the  Uaited  States?  This  Court  acknow- 
ledges that  the  laws  are  silent,  and  that  it  is  without 
power  in  the  premises,  and  iherel'ore  declines  to  make 
any  order  whatever. 

Lf  there  be  a  disposition  on  the  part  of  the  military- 
power  to  respect  the  authority  of  the  civil  courts  they 
will  respect  the  writ  which  has  already  been  served. 
If.  on  the  other  band,  it  is  their  determination  to  treat 
the  authority  of  this  Court  with  contempt  in  this  mat- 
ter, they  have  the  power  and  will  to  treat  with  equal 
contempt  any  other  process  which  the  Court  might 
order.  The  Court,  thereiore,  must  submit  to  the  su- 
preme physical  force  which  now  holds  the  custody  of 
the  petitioner,  and  decline  to  issue  an  attachment  or 
to  make  any  other  order  in  this  case. 

General  Hancock  Appears. 

At  ll'i  o'clock  Major-General  Hancock,  to  whom 
the  writ  was  addressed,  came  into  Court  accompanied 
by  Attorney-General  Speed.  The  trial  of  Miss  Mary 
Harris,  charged  with  the  murder  of  Air.  Burroughs,  a 
clerk  in  the  Treasury  Department,  which  was  then 
pending,  was  immediately  suspended,  when  Attorney- 
General  SiJeed  addressed  the  Court  as  follows:— 

Acidress  of  Attorney-General  Speed. 

'^lay  it  please  the  Court:— In  regard  to  the  writ  of  ha- 
beas corpus  directed  to  General  Hancock,  I  desire  to 
say,  by  way  of  apology  for  his  not  sooner  making  a 
return,  that  the  process  was  not  served  upon  him  until 
about  breakfast  lime  this  morning,  and  that  owing  to 
bis  having  a  great,  many  persons  to  see,  a  great  mauy 
important  matters  requiring  immediate  attention,  and 
his  distance  from  the  court  bouse,  he  wasnotablsto 
get  here  at  an  earlier  hour. 

I  wish  to  assure  the  Court  that  no  disrespect  was  in- 
tended to  it  by  the  delay  to  which  it  has  been  una- 
voidably subjected.  The  Court  declined  to  make  any 
order  in  the  case.  The  Attorney-General  and  General 
Hancock,  in  obedience  to  the  writ,  makes  the  follow- 
ing return:- 

Head-quarters  Middle  Mixitaby  Division, 
Washingtox,  D.  C,  July  7, 1S65.— To  Hon.  Andrew 
Wylie,  Justice  of  the  Supreme  Court  of  the 
District  of  Columbia :  —  I  hereby  acknowledge 
the  service  of  the  writ  hereto  attached,  and  return 
the'same.  and  respectfully  say  that  the  body  of  Mary 
3D.  Surratt  is  in  my  possession,  under  and  by  virtue  of 
an  order  of  Andrew  Johnson,  President  of  the  United 
States  and  Commander-in-Chief  of  the  Army  and 
Navy,  for  the  purposes  in  said  order  expressed,  a 
copy  of  which  is  hereto  attached  and  made  part  of 
this  return;  and  that  I  do  not  produce  said  body  by 
raason  of  the  order  of  the  President  of  the  United 
States,  indorsed  upon  said  writ,  to  which  reference  is 
hereby  respectfully  made,  dated  July  7,  1SG5. 

WINFIELD  S.  HA^'COCK, 
Maj.-Gen.  U.  S.  Vols.,  Commanding  Middle  Div. 

Tlie  President*^  Indorsement. 

■  ExECDTiVE  Office,  July  7, 1S65,  ;o  A.  M.— To  Major- 
General  \V.  !j.  Hancock,  Commander,  &c.— I,  Andrew 
Johnson,  President  of  the  United  States,  do  hereby 
declare  that  the  writ  of  habeas  corpus  has  been  here- 
to;bre  suspended  in  such  cases  as  this,  and  I  do  hereby 
especially  suspend  this  writ,  and  direct  that  you  pro- 
ceed to  execute  the  order  heretofore  given  upon  the 
judgment  of  the  Military  Commission,  and  you  will 
give  this  order  inreturn  to  the  writ. 

ANDREW  JOHNSON,  President. 

The  Court.— This  Court  finds  itself  powerless  to  take 
any  further  action  in  the  premises,  and  therefore  de- 
clines to  make  orders  which  would  be  vain  for  any 
practical  purpose.  As  regards  thedelay,  it  having  been 
fully  accounted  for,  the  Court  has  no  fault  to  attach  to 
the  respondent  in  that  respect. 

Attorney-General  Speed.— It  may  not  be  out  of  order 


for  me  to  say  here,  that  this  whole  subject  has,  of 
course,  had  most  earnest  and  anxious  consideration  of 
the  Executive,  and  of  the  war  making  power  of  the 
Government. 

Every  man  upon  reflection,  and  particularly  every 
lawyer  knows  that  war  cannot  be  fought  by  due  pro- 
cess of  law,  and  armies  cannot  be  maintained  by  due 
process  of  law.  There  must  be  armies  There  must 
be  battles:  if  war  comes  the  law  of  war,  and  usage  per- 
mits battles  to  be  fought,  Dermlts  human  life  to  be 
taken  without  the  judgment  of  the  court,  and  without 
the  process  of  the  court.  It  permits  prisoners  to  l>e 
taken,  and  prisoners  to  be  held,  and  your  honor  will 
not  undertake  to  discharge  them.although  theConstim- 
tution  says  that  human  lifeshall  not  be  taken, or  man  be 
deprived  of  his  liberty  or  property  without  due  process 
of  law.  Conflict  of  ned'ssity  comes  up  when  war 
comes  between  the  Executive  and  the  Judicial,  if  the 
war  power  or  war  does  not  transcend  the  civil.  AVar 
is  made  for  the  maintenance  of  the  civil  power,  that 
is  when  peace  comes  for  the  purpose  of  giving  us  the 
benefit  of  theciviL 

This  countrp  is  now  in  the  midst  of  a  great  war,  and 
the  Commander-in-Chief  of  the  armies  of  the  United 
States  was  slain  in  the  discharge  of  his  duties,  and  if 
the  armi>-s  of  the  United  States  cannot,  under  the  laws 
of  war  protect  their  Commander-in-Chief  from  assassi- 
nation, and  if  the  laws  and  usages  of  war  cannot  pro- 
tect, by  military  law,  the  Commander-in-Chief  from 
assassination  and  destruction,  what  has  the  Govern- 
ment come  to? 

The  thing  appears  to  me  to  be  too  plain  for  conside- 
ration. But  as  your  Honor  has  disposed  of  the  case,  I 
only  make  these  remarks  for  the  purpose  ofsatislying 
your  Honor  that  we  have  anxiously,  and  I  think  most 
maturely  considered  this  matter,  giving  your  Honor 
credit  for  having  done  what  you  regard  to  be  your 
duty  in  this  matter,  and  are  very  glaJ  to  hear  that 
your  Honor  gives  us  credit  for  having  done  what  we 
have  done,  and  regarded  to  be  our  duty. 

The  Court— The  writ  was  applied  for,  and  I  had  no 
authority  to  refuse  to  grant  it.  It  is  a  writ  flear  and 
sacred  to  every  lover  of  liberty,  indispensable  to  the 
protection  of  citizens,  and  can  only  be  constitutionally 
set  aside  in  times  of  war  and  insurrection,  when  the 
public  safety  requires  it,  and  in  regard  to  ofienses 
committed  in  connection  with  the  army  or  the  militia 
when  called  into  active  ser%-ice. 

With  reference  to  the  merits  of  th's  case,  which  has 
occupied  so  much  of  the  attention  of  the  public,  and  in 
fact  of  the  whole  civilian  world,  it  would  be  out  of 
place  for  the  Court  to  express  any  opinion.  The  case 
is  not  before  it.  The  Court  can  only  say  that  it  has  no 
doubt  that  the  gentlemen  connected  with  the  Govern- 
ment who  have  had  the  duty  of  conducting  this  trial, 
are  truly  convinced  in  their  own  minds  as  to  the  man- 
ner in  which  they  have  performed  their  duties.  I  do 
not  feel  at  liberty;  I  could  not;  I  dared  not  refuse  Co 
grant  the  writ. 

The  return  which  has  been  made  to  the  writ  is  from 
the  President  of  the  United  States,  and  declares  that 
the  writ  of  habeas  corpus  is  to  be  suspended  in  this 
case  as  has  been  in  oiher  and  similar  case.?.  The  Court 
has  no  further  power  in  the  case:  if  the  Government 
desires  to  carry  out  its  purpose  in  rega-d  to  t-he  peti- 
tioner, the  Court  cannot  prevent  it;  and  I  do  not 
know  that  it  would  be  possible,  ever  hereafter, 
to  bring  the  case  for  argument  in  this  Court,  for  if  the 
petitioner  be  executed  this  day,  as  designed,  the  body 
cannot  be  brought  into  Court,  and  therefore  is  an  end 
to  the  case.  The  jurisdiction  of  this  Court  yields  to  the 
suspension  of  the  writ  of  habeas  corpus  from  the  Presi- 
dent of  the  United  States. 

General  Hancock  then  asked  leave  to  retire,  which 
was  granted,  and  he  lel't  in  company  with  Attornej'- 
General  Speed.  • 


THE  END. 


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